If you’re a commercial driver, the suspension of your CDL can be disastrous. You could’ve spent decades building a career, and then suddenly, you’re unable to even get behind the wheel. This is why the loss of driving privileges is so much more devastating for commercial drivers than others. As such, you may be wondering how to challenge a CDL suspension in Massachusetts.
It’s important to realize that everyone’s situation is different. Options that may be available to some will not always be available to others. This is why it’s typically ideal to speak with a legal professional. They can help you better understand your situation and what’s available to you under the law. Until that time, the following information may offer some insight.
What Can Result in a CDL License Suspension?
To fully understand your options and potential for challenging a CDL suspension in Massachusetts, you need to know the circumstances of your case. This starts with why your license was suspended in the first place. You should thoroughly review any suspension notice you receive. The following issues are what most often lead to suspensions:
- Operating under the influence (OUI)
- Refusing a breath alcohol test
- Leaving the scene of an accident
- Using a motor vehicle in the commission of a felony
- Excessive speeding
- Reckless driving
- Other traffic offenses
This list is only the tip of the iceberg. There are many other issues that can lead to a CDL suspension. As you can tell from this list, something as simple as traffic violations can affect your driving privileges. And even if you’re never convicted of an OUI, merely refusing a blood alcohol content (BAC) test can result in penalties.
No matter the circumstances, though, your options to challenge a CDL license suspension in Massachusetts are minimal.
Can You Challenge a CDL License Suspension in Massachusetts?
If you look at the Massachusetts state website for license suspensions, you’ll find some disheartening information. The page directly states, “All CDL disqualifications are mandatory by law; the RMV does not have discretion on these disqualifications… Hearings for CDL disqualifications are not granted.” That’s a fairly hard pill to swallow.
However, this doesn’t necessarily mean that all hope is lost. For instance, the Registry of Motor Vehicles (RMV) will grant hearings regarding the accuracy of your record. After all, even the RMV can make mistakes. Individuals convicted of OUI between 2011 and 2019 may also be able to request a new trial due to faulty breath alcohol technology.
It simply cannot be overstated: all cases are different. If you want to know whether you can challenge a CDL license suspension in Massachusetts, speaking with a legal professional may be beneficial.
Can You Get a Hardship CDL License in Massachusetts?
So, let’s envision a scenario where you have no options to challenge your suspension. This is not an uncommon reality considering how strict Massachusetts is regarding OUI cases and CDL suspensions. Regardless of why you lost your license, though, you’re probably wondering if it’s possible to get a hardship CDL license in Massachusetts.
Unfortunately, there’s not much good news here, either. Massachusetts does not grant hardship licenses for commercial driving. While you may qualify for a Class D hardship license, this will only allow you to operate passenger vehicles. Of course, this might help you keep your head above water until the suspension is lifted.
Of course, even Class D hardship licenses aren’t guaranteed. This is why you should ask an attorney to help build your case for a limited-use license request to the RMV.
What Are Your Options?
If there’s one thing you’re probably taking away from this blog, it’s the fact that CDL license suspensions are serious. There are very few options available to those who lose their commercial driving privileges. However, what if your license has yet to be suspended for a lengthy period of time? In such cases, there may still be hope.
That’s because it’s possible to fight a potential conviction that could result in a suspension. Just because you’ve been charged with a crime doesn’t mean you’re guilty. And even if you did do something wrong, it’s up to the prosecutor to prove their case. Contact us today at The Law Office of Brian Simoneau by calling (508)-625-5776.
While challenging a CDL suspension in Massachusetts may be difficult, our law firm can help you understand your options.