8.806 — OPERATING A COMMERCIAL VEHICLE WITHOUT A VALID CDL LICENSE

Violations of "Statute 8.806" results in an Class D Misdemeanor

(a) Definitions

Operating a commercial vehicle without a valid Commercial Driver's License (CDL) refers to the act of driving a commercial motor vehicle without holding a CDL that is either valid, authorized, or issued in compliance with state and federal laws. A valid CDL is required for all drivers of commercial vehicles, which include vehicles used for the transportation of goods or passengers, weighing over a certain threshold.

(b) Elements

To establish the offense of operating a commercial vehicle without a valid CDL license, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a commercial vehicle, which requires a valid CDL to drive legally.
The defendant did not possess a valid CDL at the time of operation. This includes cases where the CDL is expired, revoked, suspended, or not issued.
The defendant was aware, or should have reasonably known, that they were operating the vehicle without a valid CDL.

(c) Defenses

Defenses against a charge of operating a commercial vehicle without a valid CDL license may include:

The defendant was in the process of obtaining or renewing their CDL and had a valid temporary permit or documentation showing they were authorized to operate the vehicle.
The defendant did not know their CDL was invalid due to administrative issues, such as an error in state records or a misunderstanding of renewal requirements.
The defendant was operating the commercial vehicle under an emergency exemption, such as during a natural disaster or public safety situation, where the law temporarily waived certain licensing requirements.

(d) Aggravating Factors

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

The defendant’s history of previous violations related to CDLs, including previous instances of driving without a valid CDL.
The commercial vehicle was involved in an accident or caused significant damage while being operated by someone without a valid CDL.
The defendant had previously been warned or cited for operating a commercial vehicle without a valid CDL and continued to drive despite the prior notice.

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(a) Definitions

(b) Elements

To establish the offense of operating a commercial vehicle without a valid CDL license, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a commercial vehicle, which requires a valid CDL to drive legally.

The defendant did not possess a valid CDL at the time of operation. This includes cases where the CDL is expired, revoked, suspended, or not issued.

The defendant was aware, or should have reasonably known, that they were operating the vehicle without a valid CDL.

Defenses against a charge of operating a commercial vehicle without a valid CDL license may include:

The defendant was in the process of obtaining or renewing their CDL and had a valid temporary permit or documentation showing they were authorized to operate the vehicle.

The defendant did not know their CDL was invalid due to administrative issues, such as an error in state records or a misunderstanding of renewal requirements.

The defendant was operating the commercial vehicle under an emergency exemption, such as during a natural disaster or public safety situation, where the law temporarily waived certain licensing requirements.

(d) Aggravating Factors

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

The defendant’s history of previous violations related to CDLs, including previous instances of driving without a valid CDL.

The commercial vehicle was involved in an accident or caused significant damage while being operated by someone without a valid CDL.

The defendant had previously been warned or cited for operating a commercial vehicle without a valid CDL and continued to drive despite the prior notice.