Prosecutor/ Defense Counsel Page
The issue of "Masking" (49 CFR 384.226) continues to be misunderstood when it comes to specific traffic violations committed by Commercial Drivers License Holders some of which can occur in any type of vehicle.
There can be little doubt that we all endeavor to properly handle these cases but often have a difficult time finding the correct resources. The information provided below should allow each of you to locate the proper information.
Special attention should be given to the information developed by the National District Attorneys Association (NDAA) and the National Traffic Law Center (NTLC) which will undoubtedly answer any and all questions regarding the subject of "Masking" when the need arises.
Please feel free to contact me with any questions you may have regarding this subject at anytime. I can be contacted at ggraber7122@outlook.com.
Education continues to be the key to reducing crashes and saving lives.
Please scroll down through this page for all of the helpful information.
NEW YORK STATE PARTNER LINKS
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IMPORTANT DEFINITIONS REGARDING MASKING
49CFR § 384.226 Prohibition on Masking Convictions.
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
49 CFR §383.5 Commerce
(1) Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or
(2) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition.
49 CFR§383.5 Conviction
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
49 CFR § 383.5 Disqualification
Disqualification means any of the following three actions:
(1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance.
(2) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).
(3) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter.
SCROLL DOWN TO VIEW STAKEHOLDER LINKS,ARTICLES, RESOURCES, MEMOS AND TRANSPORTATION LAW FLOWCHARTS
CDL STAKEHOLDER LINKS AND RESOURCES
National Center For State Courts
Interactive 49 CFR 383.51 Tables
Commercial Drivers License Resource Center (CDRC)
NATIONAL JUDICIAL COLLEGE 49 CFR 383.51 TABLE BENCHCARD
NDAA/NATIONAL TRAFFIC LAW CENTER
NATIONAL TRAFFIC LAW CENTER (NTLC) MASKING RELATED ARTICLES AND RESOURCES
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NEW YORK STATE DMV "M" MEMOS
NYS ETHICS OPINIONS REGARDING PLEAS
