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East Central Reporter

Saturday, November 23, 2024

Concerns raised over handling of CDL violations after deputy's death

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Michael Douglas Treatment Courts Director | Dekalb County

Michael Douglas Treatment Courts Director | Dekalb County

In Kane and DeKalb Counties, Illinois, a series of incidents involving a commercial driver's license (CDL) holder has raised concerns about the enforcement of federal and state laws. Over four years, this individual was involved in three separate accidents or incidents. The first incident should have led to a lifetime revocation of his CDL, but it did not. This failure is believed to have contributed to the tragic death of a DeKalb County Deputy Sheriff.

CDL holders are subject to strict regulations under both state and federal laws, particularly when accidents result in property damage, injury, or death. These regulations apply even when CDL holders are off duty and driving passenger vehicles. Some relevant laws include those addressing nontraffic felonies, disqualifying medication, DUI offenses, and the federal anti-masking law.

The initial incident occurred in Kane County. Despite being caught with drugs and receiving a DUI charge, actions taken in this case may have violated federal laws against masking the driving and criminal records of CDL holders. Such actions likely contributed to further accidents and ultimately the death of a deputy sheriff at the hands of this driver.

The National Traffic Law Center (NTLC) provides guidance on how prosecutors, courts, and state license issuers should handle cases involving CDL holders. According to NTLC documents, plea deals should be reported to the Secretary of State; withholding judgment is prohibited for CDL holders; convictions for driving under the influence or committing felonies while operating a vehicle should lead to CDL revocation.

Federal regulations stipulate that states must not mask or defer judgments for CDL violations from appearing on the Commercial Driver's License Information System (CDLIS) record. This applies regardless of whether offenses occur in the state where the driver is licensed or elsewhere.

Further details about additional incidents involving this individual will be discussed in part two.

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