8.803 — OPERATING A COMMERCIAL VEHICLE ON AN INVALID CDL LICENSE

Violations of "Statute 8.803" results in an Class E Misdemeanor

(a) Definitions

Operating a commercial vehicle on an invalid Commercial Driver's License (CDL) refers to the act of driving a commercial motor vehicle when the driver’s CDL is no longer valid, either due to expiration, suspension, revocation, or any other disqualifying factor. A CDL is required for individuals operating vehicles that exceed certain weight thresholds or are used for transporting hazardous materials or passengers.

(b) Elements

To establish the offense of operating a commercial vehicle on an invalid CDL license, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a commercial vehicle that requires a valid CDL.
The defendant was in possession of a CDL that was either expired, suspended, revoked, or otherwise invalid.
The defendant knowingly operated the commercial vehicle with the invalid CDL.
The defendant’s CDL was not valid for reasons such as failure to meet renewal requirements, disqualification due to violations, or revocation due to unsafe driving practices or criminal behavior.

(c) Defenses

Defenses against a charge of operating a commercial vehicle on an invalid CDL license may include:

The defendant was unaware that their CDL had become invalid due to factors such as failure to receive a renewal notice or incorrect record-keeping by the relevant authorities.
The defendant’s CDL was mistakenly marked as invalid or was in the process of being reinstated but was temporarily flagged as invalid.
The defendant has evidence to show that they were operating the commercial vehicle under a temporary permit or exemption granted by the licensing authorities.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant has a history of CDL violations, including previous instances of driving with an expired or suspended license.
The commercial vehicle operated by the defendant was involved in a serious traffic incident, accident, or violation that could have been avoided if the driver had a valid CDL.
The defendant's operation of a commercial vehicle while on an invalid CDL was a deliberate action to bypass regulatory controls.

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(a) Definitions

(b) Elements

To establish the offense of operating a commercial vehicle on an invalid CDL license, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a commercial vehicle that requires a valid CDL.

The defendant was in possession of a CDL that was either expired, suspended, revoked, or otherwise invalid.

The defendant knowingly operated the commercial vehicle with the invalid CDL.

The defendant’s CDL was not valid for reasons such as failure to meet renewal requirements, disqualification due to violations, or revocation due to unsafe driving practices or criminal behavior.

Defenses against a charge of operating a commercial vehicle on an invalid CDL license may include:

The defendant was unaware that their CDL had become invalid due to factors such as failure to receive a renewal notice or incorrect record-keeping by the relevant authorities.

The defendant’s CDL was mistakenly marked as invalid or was in the process of being reinstated but was temporarily flagged as invalid.

The defendant has evidence to show that they were operating the commercial vehicle under a temporary permit or exemption granted by the licensing authorities.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant has a history of CDL violations, including previous instances of driving with an expired or suspended license.

The commercial vehicle operated by the defendant was involved in a serious traffic incident, accident, or violation that could have been avoided if the driver had a valid CDL.

The defendant's operation of a commercial vehicle while on an invalid CDL was a deliberate action to bypass regulatory controls.