8.805 — OPERATING A COMMERCIAL VEHICLE ON A SUSPENDED CDL LICENSE

Violations of "Statute 8.805" results in an Class E Misdemeanor

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(a) Definitions

Operating a commercial vehicle on a suspended Commercial Driver's License (CDL) refers to the act of driving a commercial motor vehicle when the driver’s CDL has been suspended due to violations or legal actions, such as traffic violations, failure to meet medical requirements, or criminal offenses. A suspended CDL means the driver is temporarily prohibited from driving any commercial vehicle.

(b) Elements

To establish the offense of operating a commercial vehicle on a suspended 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’s CDL had been suspended by a licensing authority due to a legal violation or failure to comply with required standards.

• The defendant knowingly or unknowingly operated the commercial vehicle with a suspended CDL.

• The defendant's suspension was in effect at the time of operating the commercial vehicle.

(c) Defenses

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

• The defendant was unaware that their CDL had been suspended, possibly due to a lack of proper notification or clerical errors.

• The defendant was mistaken about the status of their CDL and believed it was valid, when in fact it had been suspended.

• The defendant had been led to believe their CDL suspension had been lifted or resolved, but administrative delays or miscommunication resulted in the suspension being active at the time.

• The defendant was driving the commercial vehicle under emergency or necessary circumstances, such as for medical purposes or a legal emergency, where a temporary exemption was provided.

(d) Aggravating Factors

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

• The defendant has a history of previous CDL suspensions or violations that resulted in repeated offenses.

• The defendant continued to drive a commercial vehicle despite having received formal notice of the suspension.

• The defendant’s actions put public safety at significant risk, such as operating a vehicle with known safety violations or engaging in dangerous driving behavior.