8.805 — OPERATING A COMMERCIAL VEHICLE ON A SUSPENDED CDL LICENSE

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

(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.

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(a) Definitions

(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.

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.