8.804 — OPERATING A COMMERCIAL VEHICLE ON AN EXPIRED CDL LICENSE

Violations of "Statute 8.804" results in an Class E Misdemeanor

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(a) Definitions

Operating a commercial vehicle on an expired Commercial Driver's License (CDL) refers to the act of driving a commercial motor vehicle when the driver’s CDL has passed its expiration date, and the driver has not renewed it. A CDL is a specialized driver’s license required for individuals operating large vehicles, vehicles transporting hazardous materials, or passenger vehicles for hire.

(b) Elements

To establish the offense of operating a commercial vehicle on an expired 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 had expired.

• The defendant knowingly or unknowingly operated the commercial vehicle with an expired CDL.

• The defendant’s CDL had not been renewed before the expiration date.

(c) Defenses

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

• The defendant was not notified of the expiration of their CDL, or they did not receive a renewal notice in time.

• The defendant had applied for the renewal of their CDL, but the renewal was still in process or pending.

• The defendant was unaware that their CDL had expired due to administrative errors or discrepancies in record-keeping.

• The defendant’s expired CDL was in the process of being reinstated or was temporarily valid under special circumstances, such as a grace period provided by 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 failing to renew their CDL or has previously been cited for driving with an expired CDL.

• The defendant was involved in a traffic incident, accident, or violation that was exacerbated by their expired CDL status.

• The defendant knowingly disregarded renewal requirements and continued to operate a commercial vehicle despite being aware their CDL had expired.