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Personal vehicle DUI results in loss of CDL for a year PDF Print E-mail

As posted here before, getting a DUI in your personal vehicle will result in a suspension of your CDL in PA for a year. The Commonwealth Court issued another decision on this on January 30, 2008.

The facts are that a commercial drivers license ("CDL") holder from PA was stopped for a DUI in New Jersey while operating his personal vehicle. He received a notice of suspension for his personal driver's license for a year. In addition, he got a second notice telling him that his CDL was suspended for a year as well, even though he was not operating his commercial vehicle at the time of the DUI.

He filed a timely appeal of the CDL suspension which was denied by the county court, and which he appealed to the Commonwealth Court. In an unpublished opinion, they denied his appeal, stating that the statute, while not entirely free from ambiguity, does require a suspension of a CDL for a year whenever a commercial driver is suspended for a DUI, even if the DUI occurs when the driver is in a personal vehicle.

The opinion, since it is "unpublished," will roll off of the Commonwealth Court's website after a few months. We have retained a copy of it for our files, and it can be requested by sending an with a note requesting the "Stokes decision of 1/30/08 from the Commonwealth Court about CDL suspensions for personal vehicle DUIs."

Newsflash
In Commonwealth v. Conte, 1805 M.D.A. 2006, the Pennsylvania Superior Court ruled on August 2, 2007, that an officer who approaches a disabled vehicle alongside the road and who activates the overhead lights and approaches the apparent driver does not "seize" the driver for purposes of the Pennsylvania or United States constitutions. 
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