Payne Springs CDL Drivers must Fight any Action to Revoke, Suspend or Disqualify Their CDL

Unfortunately, there are no “harmless” traffic citations for CDL holders. The Texas Transportation Code provides for dozens of individual violations or combinations of violations that will cause a suspension, revocation, or disqualification of a Texas CDL. It makes no difference whether you were driving a commercial or non-commercial vehicle or if your violation is from out of state. A Payne Springs CDL Suspension Attorney on your side is necessary to maintain your CDL driving privileges when faced with a potential loss of your CDL.

Suspension or Disqualification periods can range from 30-days to a lifetime. The problem is not just the temporary loss of your CDL, but also the lost income during the suspension period, the potential loss of your job and perhaps extreme difficulty finding other employment as a CDL driver with a suspension on your record. So, the bottom line is: Fight ALL traffic tickets and Fight ALL suspensions. DPS has educated and trained Suspension Hearing representatives who will attend all hearings. You need a professional on your side. Call the Payne Springs attorneys with the Law Office of Todd E. Tkach, P.C. We have had proven results with a stunning record of success!

Dangerous Myths About CDL Suspensions and Disqualifications

Just because DPS tries to take your CDL does not mean that they will win. Our Texas Legislature has provided due process protections so that you can have your day in court. However, the laws and procedures are complex. An experienced and qualified Payne Springs attorney is essential for any CDL holder trying to navigate the maze of procedural and substantive laws. We have developed winning strategies that have proven successful with the overwhelming majority of our cases. In many cases, we preserved our clients’ CDLs, even when our clients did exactly what DPS accused them of doing.

You only have 20 days from the date of the Department of Public Safety suspension letter to request a hearing. Failure to timely do so will result in a suspension of your CDL. Don’t wait. Take action immediately. Additionally, after you timely request a hearing, the suspension of your CDL is “stayed,” meaning that you can continue to drive commercially until your case is heard by a judge.

Regardless of why DPS is trying to suspend your CDL, the Payne Springs attorneys with Todd E. Tkach, P.C. will aggressively attack every aspect of their case. We will thoroughly investigate and carefully analyze the facts of your case. Depending on the specific laws involved, we will develop a strategy to keep your CDL and keep you on the road. Don’t wait! Call now for your free consultation.

CDL Defense vs. CDL Violations

The Law Office of Todd E, Tkach, P.C. provides legal assistance for both CDL Defense as well as CDL Violations. Payne Springs CDL Defense will provide legal assistance in hearings for revocation, suspension or disqualification. If any of these actions are attempted, you will have a right to a hearing and we will represent you in that hearing to defend your CDL.

Our CDL Violation Practice will provide legal defense against any citation (ticket) for any violation. One of the ways to not face a revocation, suspension or disqualification action is to vigorously defend any citation you receive. Convictions of CDL traffic violations will quickly put a CDL holder’s driving privileges and employment at risk. Entering the wrong plea in court to a CDL violation can result in suspension and termination from employment.

With so much on the line for CDL Defense and CDL Violations, why take the risk? Hire a CDL violation lawyer who has the experience, knowledge and skills to protect your very valuable CDL.

Federal and State laws forbid Texas courts from offering CDL holders any plea agreement to avoid a conviction. Under these conditions, success would seem impossible. But, a well-qualified CDL defense and violation attorney can give you a fighting chance. There are options. Our experience and knowledge of the law put us in an advantageous position to achieve our goal with your case; dismissal or no effect on your CDL record! We’ve handled thousands of CDL traffic citations; the majority of which resulted in dismissals and/or no adverse effect to our clients’ CDL driving records.

Revocation, Suspension and Disqualification Actions Are Brought By the State of Texas and Adjusticated in County Courts

Any revocation, suspension and disqualification action against your license will be brought by the State of Texas and adjudicated in county courts. While the underlying CDL Violation(s) may have triggered the licensing action may have originated in any jurisdiction (State, County or Municipal), the license action on your CDL will be brought by the State of Texas through the TxDOT and any resulting hearings, assuming you request one as is your right and as we strongly recommend,  will be conducted at the local level.

When you are notified by TxDOT of the potential revocation, suspension and disqualification actions, you have a limited time to request a hearing to fight the action. We strongly recommend that you engage an experienced CDL Defense Attorney promptly so you can that maximum advantage of your rights in a hearing. More details are provided below. If you have questions, please don't hesitate to call us.

Differences Between Suspended, Revoked and Disqualified CDL

To properly defend against a TxDPS attempt to disqualify a CDL, it’s important to understand the differences between suspension, revocation and disqualification. Suspension and disqualification are for a defined time period, which ranges from 60 days to a lifetime. You can reinstate your CDL, but only after the suspension or disqualification period has expired. With a revocation, there is no defined time period. Once revoked, a CDL remains revoked until the problem causing the revocation is cured. But, if you cannot cure the problem, the revocation is indefinite. For a complete discussion of the differences between suspensions, revocations, and disqualifications, click the link below.

The Differences Between CDL Revocations

Violations that cause CDL Disqualifications

A CDL license can be disqualified for violations of individual traffic laws and/or criminal laws, or a combination of them. Generally speaking, removals of driving privileges occur when CDL drivers are convicted of certain traffic violations. Some individual violations can cause immediate disqualifications of driving privileges, while others require a combination of violations to trigger state action to remove driving privileges. The most common reason for disqualification of CDL driving privileges is for receiving convictions for 2 “Serious Violations’ within a 3-year period. The term “Serious Violation” is defined in the Texas Transportation Code, which includes speeding 15 mph over the limit and disregarding a traffic control device. For a complete discussion of the violations that can cause disqualification of your CDL, click the link below.

CDL offenses that trigger disqualifications

Procedure for CDL Disqualification

By law, before the TxDPS can disqualify your CDL, they must mail you a letter informing you of their legal action. You may, and should, immediately request a hearing of the matter, which must be done within 20 days of the date of the letter. Failure to timely request a hearing will result in a disqualification of your CDL. Timely requesting a hearing “stays,” or stops the disqualification until the matter is heard by the court.

Your case will be assigned to one of the Justice of the Peace Courts in the county of your residence, and you will be notified of the date, time, and location of the hearing. Failing to appear for the hearing will result in a loss of your driving privileges. At the hearing, you will be given an opportunity to present evidence and make arguments. The Texas Transportation Code sets forth the possible disqualification periods, - 60 days, 120 days, one year, three years, or lifetime. If you lose disqualifications begin on the 11th day after the hearing. For a complete discussion of the legal procedure, click the link below.

CDL Revocation, Suspension and Disqualification Procedure and Possible Punishments

You can fight and win after receiving a TxDPS disqualification letter

The TxDPS letter you receive, notifying you of the State’s legal action to remove your driving privileges, will inform you of what they claim you did to justify the disqualification of your CDL. Even if you did exactly what TxDPS says you did, you can still fight your disqualification in court … and you can win! After receiving a TxDPS disqualification letter, don’t sit back and do nothing. That will guarantee a disqualification. Take positive action. Your first order of business should be to call us to successfully defend you against these charges. We take the fight to them, using every possible avenue to stop the disqualification, including challenges to jurisdiction, procedure, evidence, and the substantive law. Our strategies have proven successful in the overwhelming majority of our cases. Let us put those strategies to work for you!

Don’t Let Them Take Away Your Livelihood!

CDL drivers have spent a lot of time and money to obtain their CDL. The testing requirements are important, considering the size and weight of the vehicles you’re allowed to drive and the care required to maintain the safety of other drivers and the viability of the wide variety of cargo. It’s a long road - the training and testing are difficult, but the benefits are great, especially in Texas, which pays 34 percent higher than the national average. A disqualified CDL could be devastating. With so much on the line, you need the advocacy skills of a qualified and experienced legal professional. With years of experience and a stunning success rate, attorney, Todd E. Tkach is the answer. Call us now for your free consultation.

CDL Drivers Don’t Let Them Take Away Your Livelihood

If my CDL is disqualified, can I still continue to drive?

During times of disqualification, CDL holders can apply for an Occupational Driver's License, which is a temporary and restricted driver's license. This type of driver's license is available to CDL and non-CDL drivers. But, the name is a bit misleading. Although CDL holders can obtain an Occupational Driver License, it does not allow them to drive for pay, but rather, only for non-commercial purposes. So, it is not a replacement for a CDL, but it does allow you to legally drive for personal or household reasons.

Hire the Law Office of Todd E. Tkach, P.C. to protect your CDL and your livelihood. Our attorneys are well qualified and vastly experienced with CDL holders accused of all types of traffic violations and for the disqualification hearings resulting therefrom. We have handled hundreds of thousands of CDL traffic citations, and hundreds of disqualification hearings. We will accurately evaluate your case to effectively fight for a dismissal of the attempted disqualification. We attack every aspect of the charge, including the evidence, the procedural rules and the applicable substantive law. We have won many cases when our clients did exactly what they were accused of. Take positive action and call us today! Don’t forget – time is of the essence! If you receive a disqualification notice letter from TxDPS, call us immediately to talk with one of our attorneys.

CDL Revocation, Suspension or Disqualification

In addition to defending you for your CDL violations, we can also defend your CDL itself in any revocation, suspension or disqualification action almost anywhere in the State of Texas. For further information, see the pages linked below.

For information about defending your CDL Violations, also see Our CDL Violations Practice.

The Differences Between CDL Revocations, Suspensions and Disqualifications

Serve Almost All Courts In Texas

CDL Revocation, Suspension and Disqualification Procedures and Possible Punishments

Why You Need a CDL Defense Attorney

Causes of CDL Revocation, Suspension or Disqualification Procedures

Texas Point System and CDL Revocation, Suspension or Disqualification

Dangerous Myths About Suspensions and Disqualifications

CDL Drivers: Don’t Let Them Take Away Your Livelihood!