Cases

People v. Carey, Cal. Court of Appeal, 4th Appellate Dist., 3rd Div. (2022)

A defendant who held a commercial driver’s license (CDL) at the time of the traffic offense was ineligible for traffic school under Veh. Code, § 42005, subd. (c), even though the CDL was later downgraded to a noncommercial license. The court emphasized that eligibility is determined based on the status at the time of the offense, aligning with federal mandates designed to ensure consistent and strict treatment of commercial drivers, and to prevent potential manipulation of the system.

Halajian v. D & B Towing, 209 Cal.App.4th 1 (2012)

Truck owner filed petition for replevin, naming towing company as a defendant. The Superior Court, Fresno County, No. 11CECG00005, Debra J. Kazanjian, J., sustained demurrer without leave to amend. Truck owner appealed. Holdings: The Court of Appeal, Franson, J., held that: [1] driver’s license and automobile registration requirements do not violate federal constitutional right to travel; [2] towing and impounding truck upon arrest for license and registration violations did not violate Fourth Amendment; [3] truck owner was a “driver” covered by the Vehicle Code; and [4] truck was covered by the Vehicle Code even if it was not “used for commercial purposes.” Affirmed.

Ziehlke v. Valverde, 191 Cal.App.4th 1525 (2011)

Driver filed petition for writ of mandate challenging the suspension of his commercial driver’s license (CDL) after he was arrested for driving his pickup truck while having an elevated blood alcohol level. The Superior Court, Calaveras County, No. CV35599, John E. Martin, J., denied the petition, and driver appealed. Holdings: The Court of Appeal, Scotland, Retired P.J. sitting by assignment, held that: [1] administrative per se proceeding did not violate due process, and [2] driver was not similarly situated to persons licensed by other states for equal protection purposes. Affirmed.

People v. Meyer, 186 Cal. App. 4th 1279 (Cal. App. 2010)

A person who held a commercial driver’s license at the time of violation of a traffic offense, but who surrendered the license, was barred from completing traffic school in lieu of adjudicating the traffic offense pursuant to Veh. Code, § 42005, subd. (c), notwithstanding that the section uses the present tense. Given that the “worst of the worst” would be the ones most likely or highly motivated to cheat, it would not further the federal legislative purpose to leave a loophole such as this in place.

People v. Superior Court (Costa), 183 Cal.App.4th 690, 107 Cal.Rptr.3d 576 (Cal. App. 2010)

Faced with criminal murder charges, a commercial driver could be found to have acted with malice. Malice can be implied so as to support a second degree murder indictment where a commercial license holder drove a truck that should have been put out of service for bad breaks, where he ignored warnings and suggestions that he was driving unsafely down a two lane highway that couldn’t accommodate the truck in rush hour and later caused fatal accident.

Rehman v. Department of Motor Vehicles, 178 Cal. App. 4th 581 (Cal. App. 2009)

Driver was stopped for operating his tractor-trailer under the influence of alcohol. Breath tests showed a blood alcohol content of more than 0.04 but less than 0.08 percent. At the hearing, Driver relied on Veh. Code, § 13557, subd. (b)(2)(C)(i), in arguing that his license suspension should be rescinded because his blood alcohol content was not 0.08 percent or more. The trial court concluded that the reference to 0.08 percent in the statute was a drafter’s oversight. The court held that § 13557, subd. (b)(2)(C)(i), could not be read literally because it conflicted with, and could not be harmonized with, Veh. Code, § 13353.2, subd. (a)(3), providing for suspension based on a blood alcohol content of 0.04 percent or more. To avoid absurd results, the court construed § 13557, subd. (b)(2)(C)(i), to allow the California DMV to sustain an order of suspension imposed under Veh. Code, § 13353.2, subd. (a)(3), on a person for driving a vehicle requiring a commercial driver’s license with a blood alcohol content of 0.04 percent or more where there was proof by a preponderance of the evidence that the person’s blood alcohol content was 0.04 percent or more.

Weaver v. Chavez, 35 Cal. Rptr.3d 514 (Cal. App. 2005)

With respect to a jury instruction on negligence, a federal regulation promulgated under Commercial Motor Vehicle Safety Act, which requires operators of commercial motor vehicles to use “extreme caution” when driving in inclement weather, imposes higher duty of care than “reasonable or prudent” standard in California’s basic speed law, and thus operators of commercial motor vehicles are required to comply with regulation. 49 U.S.C.A. § 31131; Cal.Vehicle Code § 22350; 49 C.F.R. §§ 392.2, 392.14.

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Broadcast Library

Come To Order – Human Trafficking – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: An Overview of Human Trafficking for Judges – August 27, 2025

This episode is the first in a four-part series on human trafficking and what judges need to know to address this issue in their courts and communities. All episodes in the series were recorded during a judicial human trafficking leadership workshop held at The National Judicial College. This first episode focuses on the definition of human trafficking and when and where judges are likely to encounter victims and others.

Guests include:

Judge Gayle Williams-Byers, a judicial fellow at the NJC and a retired judge from Ohio. Aaron Ann Cole of Funfsinn of Hicks & Funfsinn in Lexington, Kentucky. Previously, she worked as a prosecutor in Cook County, Illinois, in the special prosecution unit in the Kentucky Attorney General’s Office, and in the special prosecution unit of the Fayette County Commonwealth Attorney’s Office. She is on the faculty at the National Judicial College.

Judge Chris Turner, a Magistrate Judge in the Third Judicial District in Shawnee County Kansas.

Come To Order – Human Trafficking – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: The Judge’s Guide to Understanding the Systems Behind Human Trafficking – August 29, 2025

This is the second episode in a series designed to help judges understand human trafficking. This episode focuses on the often complex systems behind human trafficking and help explain some of the challenges in adjudicating these cases.

Guests include:

Dr. Jeanne Allert, the founder and director of the Institute for Shelter Care, a national initiative to address gaps in service and quality for victims of exploitation. She is also the founder of The Samaritan Women. She holds a PhD in Counseling and Psychological Studies.

Lindsey Lane, the director of strategic engagement at the Human Trafficking Institute in Georgia. She formerly was a human trafficking prosecutor and assistant district attorney in North Carolina and a senior assistant district attorney in Tennessee’s Third Judicial District.

Why Judge? “Unmasking” Procedural Fairness and Empathy for Self-Represented Litigants in Court

Course Description:

This webcast explores the concept of “masking” by self-represented litigants (SRLs) holding a Commercial Driver License (CDL), and its impact on procedural fairness. Masking occurs in everyday court adjudication procedures. When adjudicating SRLs, the language needs to be and appear “respectable” and avoid negative judgments within the courtroom. The presentation will examine how court discretion, implicit expectations of respectability, and the absence of active listening and empathy can impact SRLs’ judgements. Participants will learn to exercise these abilities while still upholding judicial ethical duties. Participants will gain insights into fostering courtroom practices that uphold procedural fairness while recognizing and responding to masking behaviors.

 

Course Objectives:

After this course, participants will be able to:

● Define masking in the context of CDL self-represented litigants and explain how it impacts procedural fairness and perception of credibility in court.

● Describe how respectability norms, court discretion, and language expectations can denigrate the challenges with CDL-SRLs and identify strategies to mitigate these barriers while maintaining judicial ethics.

● Demonstrate the use of active listening and empathy to recognize and appropriately respond to masking behaviors with ethos, fostering fair and respectful courtroom interactions.

Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Courts

Course Description:

This webcast explores the complex and pressing issue of human trafficking (both labor and sex) through the lens of judicial leadership and commercial transportation. This session sheds light on how commercial motor vehicle (CMV) drivers can play a pivotal role in perpetuating and preventing human trafficking crimes. Participants are guided through foundational frameworks, federal and state legal structures, and real-world implications of trafficking. Emphasis is placed on breaking myths, spotting signs of exploitation, and fostering proactive judicial responses in local contexts.

 

Course Objectives:

After this course, participants will be able to:

  • Understand the forms, tactics, and prevalence of human trafficking, including distinctions between sex and labor trafficking.

  • Gain practical strategies for identifying trafficking indicators and effectively respond to cases in judicial and community contexts, and

  • Comprehend the unique legal frameworks affecting Commercial Driver’s License (CDL) holders, particularly the implications of trafficking-related convictions under the No Human Trafficking on Our Roads Act.

Come to Order – Autonomous Vehicles – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: Autonomous Vehicles – January 16, 2025

In this fourth and final episode on autonomous vehicles, Judges Fowler and Williams-Byers analyze the probable cause and privacy issues that arise with autonomous vehicles. How are level one and two autonomous vehicles hindering basic traffic stops today and what happens if police stop a fully autonomous vehicle with no driver? Judges, listen to find out!