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?
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.
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