restricted license and CDL

S

spiceagony

Bluelighter
Joined
Sep 3, 2002
Messages
14
My Boyfriend's license just got suspended for 6 months. He can request a restricted license after 30 days. He drives a truck for a living and needs his CDL to drive. Can the judge reinstate his CDL as part of the restricted license? He is unable to work without the CDL.

He was charged with delivery of marijuana, but it did not involve driving or any vehicle. It was his first offense of any kind and he has a clean driving record. He just passed the first drug test, and has no worry of passing future ones. He has also already made arrangements to start his community service.

Is there anything else he/we can do? This really sucks because he has all of these fines to pay, but is unable to work now because of the license suspension.

He has already talked to his lawyer, but this guy is worthless in my opinion. He can't seem to answer this question. "We'll have to wait and see, is about the best he can come up with". Unfortunately, he seemed real sharp when we first met with him and paid the retainer. He's stuck with him now because we're broke.

Any insight would be greatly appreciated.

BTW we're in Michigan.
 
I looked through the Michigan laws on this matter, and I couldn't come up with a clear answer either. Your best bet would be to call the authority that issues licenses in your state. They will be able to provide this information, since they deal with this kind of stuff on a regular basis.

You can find an office here:

http://www.sos.state.mi.us/bbos/mainloc.html
 
Chances are he will not be able to get his CDL reinstated, even on a restricted license. Does the company he works for still want him to drive for them? I'm a terminal manager for a trucking company and while I don't know the laws for your state, I do know that if he was one of my drivers, he wouldn't be working for us anymore for the simple fact that he has a suspended license. This will go into his DAC record also, so anyone he works for again will know about it. Its pretty easy to lose your CDL and twice as hard to get it back. Good luck though... I hope things work out for you.
 
^^ Very very true.


Is he even sure his company is going to take him back? The fact is, you might want to save your self tons of money on consulting with this lawyer to make sure it is even worth it in the long run anyway. If they aren't going to take him back, then he needs not pay more lawyer fees to get his CDL reinstated right now.
 
His company does want him back. They said as soon as it is reinstated, he can start again.

The lawyer is still working off the retainer, so even though we're broke, money for the lawyer is not an immediate problem.

I have never had to get a lawyer for anything before, so I don't have anything to judge against, but he seems like a real jerk.

Let me ask something else. It says on the paperwork he can request a restricted license after 30 days. Can the court deny you that if it is in writing? I'm not even talking about the CDL here, just the driver's license. He has asked the lawyer to scedule something at the 30 day mark so at the very least, he can get his regular license back (restricted). But he lawyer says it will probably be 2 or 3 months. He used the words "precipe" something, but I can't remember the term now. He gets upset every time we ask questions. I hate even talking to him.

Is there any reason why he shouldn't be able to go in front of the judge right around 30 days? I don't see why that would be in the paperwork if it's not an option.

Thank you all so much.
 
I saw no provisions under section 257.319 that would not permit a restricted CDL to be issued. The only provision I did see, relevant to the matter, restricted the issuance of a restricted license to drivers carrying certain hazardous materials.

Why was his license suspended for a non-driving violation?

Generally, you must file a request for the restricted license through the court. I would call the clerk of the court and seek advice here. It must usually be approved by the judge before it is submitted to the Sec. of State's office.
 
According to our lawyer, in MI a with a drug related felony, it is mandatory to suspend the driver's license, even if no vehicles were involved in the crime.

Thanks for your input. We'll do anything we have to, but shouldn't the lawyer know all of this stuff? Shouldn't he be the one calling the clerk and everything? I don't know what to do about him. He was a BAD choice, but it's too late now. He seriously does not listen to us at all. It's like he's working against him instead of for him.

I'm feeliong a little better about it all. Thanks again everyone.
 
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