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Nothing recent in the forums on CDL appeals. Consensus seems to be that we cannot make PTD or deferred offers. Any new thoughts or law out there?
 
Posts: 2 | Location: Cuero, DeWitt County, TX | Registered: January 16, 2020Reply With QuoteReport This Post
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A new twist I was not aware of until recently--there is a federal law 49 CFR 384.226 entitled Prohibition on Masking Convictions that states:

The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.

For those that lean away from the PTDs, that's a pretty good reason to use to tell defense attorneys why you don't offer it--violates federal law.
 
Posts: 515 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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Here are some additional resources for you on masking:

NTLC Quick Reference Guide on Masking
NTLC July 2019 summary
 
Posts: 2402 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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