Cases

Roland v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, La: Court of Appeals, 3rd Circuit (2024)

A CDL holder refused a chemical sobriety test following a traffic stop for high-intensity LED vehicle lights. The trial court ruled the stop unconstitutional and ordered reinstatement of his CDL. The Third Circuit reversed, finding reasonable suspicion for the stop and mandatory CDL disqualification for refusal under state and federal law. The Louisiana Supreme Court affirmed: it clarified that mixed questions of fact and law must be reviewed under the manifest error standard and that the trooper’s traffic stop was justified. The CDL disqualification was therefore legally correct and reinstated.

State v. Kilpatrick, 398 So. 3d 1174 (2024)

CDL holder charged with first-offense DWI sought to suppress breathalyzer results because the officer failed to read the CDL-specific penalties on the rights form. The court held the omission was de minimis and affirmed denial of suppression. Affirmed.

KUNOW v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, La: Court of Appeals, 1st Circuit (2018)

Kunow, a CDL holder, was arrested for DUI with a BAC of 0.167%. His personal license was suspended for 90 days, and his CDL was disqualified for one year. The court upheld both actions, ruling that a CDL can be disqualified even when the offense occurs in a non-commercial vehicle and that seeking judicial review doesn’t prevent suspension or disqualification.

Gray v. DEPARTMENT PUBLIC SAFETY, 217 So. 3d 412 – La: Court of Appeals, 1st Circuit (2017)

Driver appealed CDL disqualification and license suspension after refusing a chemical test. The court upheld the administrative ruling, finding the refusal valid and the penalties appropriate. Judgment affirmed.

Dore v. State, Dept. of Public Safety, Office of Motor Vehicles, — So.3d —- (2014)

Motorist whose commercial drivers’ license (CDL) was disqualified for one year based on his refusal to take a breath test after being arrested for operating a vehicle while intoxicated (OWI) filed application after reinstatement of his CDL to have the notation of refusal to take a test stricken from his driving record. The Twenty–Seventh Judicial District Court, St. Landry Parish, No. 12-C-5293-B, granted the application. Department of Public Safety appealed. The Court of Appeal held that: [1] motorist was not entitled to have the notation stricken, and [2] trial court should not have considered motorist’s argument that disqualification statute did not provide sufficient notice of the length of notification. Reversed.

Navarre v. Louisiana Dept. of Public Safety and Corrections,…, — So.3d —- (2014)

Licensee filed a petition to review the suspension of his driver’s license. The Fourteenth Judicial District Court, Parish of Calcasieu, No. 2011-005080-B, reinstated licensee’s commercial driver’s license. The Department of Public Safety and Corrections, Office of Motor Vehicles (OMV), appealed. The Court of Appeal held that the trial court committed reversible error when it reinstated licensee’s commercial driver’s license after the operating a vehicle while intoxicated charge against licensee was dismissed. Reversed.

Griffin v. State ex rel. Dept. of Public Safety & Corrections, Not Reported in So.3d (2013)

The State of Louisiana, through the Department of Public Safety and Corrections, Office of Motor Vehicles (OMV), sought review of a district court judgment ordering it to reinstate Dennis Griffin, Jr.’s commercial driver’s license. Affirmed.

In re Lafleur, 129 So.3d 540 (2013)

Motorist petitioned for judicial review of decision by Department of Public Safety and Corrections, Office of Motor Vehicles, to suspend his driving privileges after he was arrested for operating motor vehicle while under influence of alcohol. The Thirteenth Judicial District Court, Parish of Evangeline, No. 73460-A, ordered reinstatement of driving privileges, and Department appealed. The Court of Appeal held that: [1] motorist whose driving privileges were suspended following arrest for operating vehicle while under influence was entitled to reinstatement of privileges after district attorney declined to pursue criminal charges, and [2] hearing officer’s determination that “Department met its burden of proving the statutory requirements of the Louisiana Tests for Suspected Drunken Drivers law” was not “conviction,” within meaning of statute governing suspension of driver’s licenses upon conviction for operating motor vehicle while under influence of alcohol. Affirmed.

Jobe v. Louisiana Dept. of Public Safety and Corrections,…, 94 So.3d 217 (2012)

Licensee filed a motion that sought to prohibit the Office of Motor Vehicles (OMV) from denying him a commercial driver’s license with hazardous material endorsement (HME). The Forty–Second Judicial District Court for the Parish of DeSoto, No. 72,808, granted the motion. The OMV appealed. The Court of Appeal held that the OMV acted unreasonably in waiting approximately two years after licensee was sentenced for driving while intoxicated (DWI) to suspend his commercial driver’s license. Affirmed.

Austin v. Department of Public Safety, Office of Motor Vehicles, 77 So.3d 474 (2011)

After driver’s refusal to submit to test for chemical intoxication, the Louisiana Department of Public Safety, Office of Motor Vehicles (OMV), suspended his commercial driving privileges, and driver sought to reinstate the commercial license following acquittal on the driving while intoxicated (DWI) charge. The Second Judicial District Court, Bienville Parish, No. 41807, ordered the OMV to reinstate the commercial driver’s license. The OMV appealed. The Court of Appeal held that a commercial driver’s license suspended for refusal to test could not be reinstated due to acquittal on DWI charge. Reversed.

Brooks v. Louisiana Dept. of Public Safety & Corrections, 66 So.3d 1236 (2011)

Commercial driver licensee sought judicial review of his adjudication, and reinstatement of driver’s license. The Twenty–Seventh Judicial District Court, St. Landry Parish, No. 10-C-3450-A, ordered state to reinstate licensee’s commercial driver’s license, and state appealed. The Court of Appea held that: [1] state was required to immediately reinstate licensee’s commercial driver’s license, once prosecutor dismissed the charges of operating a vehicle while intoxicated; [2] licensee’s commercial driver’s license was not subject to suspension in accordance with federal regulation that included convictions for operating a motor vehicle while intoxicated; and [3] “implied consent” statute was insufficient to support state’s refusal to reinstate licensee’s commercial driver’s license. Affirmed.

State Dept. of Public Safety & Corrections v. Riggleman, 62 So.3d 898 (2011)

Motorist filed application for trial de novo after his driver’s license was suspended by an Administrative Law Judge (ALJ) pursuant to the “Tests for Suspected Drunken Drivers” law, based on motorist’s refusal to submit to a chemical test of his breath. The Ninth Judicial District Court, Parish of Rapides, No. 237,873, reversed. Department of Public Safety and Corrections (DPS) appealed. The Court of Appeal held that as a matter of first impression, once motorist refused to submit to breath test as directed by arresting officer, driver’s license suspension statute became applicable, notwithstanding the motorist’s subsequent submission to the blood test. Reversed.

Parker v. Stalder, 704 So. 2d 898 (La. Ct. App. 1997)

Driver filed petition to challenge suspension of his commercial driver’s license by Department of Public Safety and Corrections. The Ninth Judicial District Court, Parish of Rapides, affirmed suspension. Driver appealed. The Court of Appeal, held that relevant period in statute providing for suspension of commercial driver’s license for two serious traffic violations within three-year period is time between occurrence of violations, rather than time between convictions for such violations.

Moore v. State Dept. Of Public Safety, 655 So. 2d. 644 (La. Ct. App. 1995)

Following suspension of motorist’s commercial Class A driver’s license for driving with excessive blood alcohol content, the Fourth Judicial District Court, Ouachita Parish, granted motorist hardship license to drive commercial vehicles, and Department of Public Safety and Corrections appealed. The Court of Appeal, held that trial court did not have authority to grant motorist hardship license for commercial vehicles while prohibiting his driving private vehicles or any vehicle for his personal use.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Disqualifications (Railroad/Out of Service Orders)

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Controlled Substances

Exemptions

Licensing

Resources

News

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!