8.804 — OPERATING A COMMERCIAL VEHICLE ON AN EXPIRED CDL LICENSE

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

(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.

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(a) Definitions

(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.

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.