Cases

State v. Plumley, SC: Court of Appeals (2022)

CDL holder tested positive on a verified drug test and was administratively disqualified by the Department under RCW 46.25.125. At de novo superior‑court review, the court excluded the positive test result—despite the holder’s prior stipulation and the statute deeming that result prima facie evidence—finding it irrelevant without underlying lab data. The Court of Appeals reversed, holding that a verified positive drug result, with proper medical‑review verification and employer testing program, is admissible prima facie evidence under the UCDL Act, and that superior court erred in exclusion. Case remanded.

Chisolm v. South Carolina Dept. of Motor Vehicles, 402 S.C. 593 (2013)

After driver’s license was suspended due to licensee’s refusal to submit to an alcohol breath test, licensee appealed. The Administrative Law Court affirmed. Licensee appealed. The Court of Appeals held that evidence was insufficient to support finding that licensee refused to take an alcohol breath test. Reversed.

South Carolina Dept. of Motor Vehicles v. McCarson, 391 S.C. 136 (2011)

After licensee was arrested for driving under the influence (DUI) and his license was suspended, licensee challenged his license suspension. The Hearing Officer for the Division of Motor Vehicles Hearings rescinded the license suspension. The Department of Motor Vehicles appealed. The Administrative Law Court reversed. Licensee appealed. The Supreme Court held that police sergeant’s observations of licensee’s erratic driving were not admissible through police officer’s incident report and testimony to establish probable cause for licensee’s DUI arrest. Reversed.

Carroll v. South Carolina Dept. of Public Safety, 388 S.C. 39 (2010)

IMPLIED CONSENT Licensee sought review of Department of Motor Vehicles’ suspension of his driver’s license for registering an alcohol concentration of .15% or greater. The Administrative Law Court affirmed. Licensee appealed. The Court of Appeals held that licensee was not prejudiced by not receiving implied consent rights in writing prior to administration of blood alcohol test. Affirmed.

Johnson v. Horry County Solid Waste Authority, 698 S.E.2d 835 (S.C. Ct. App. 2010)

South Carolina Commercial Driver’s License (CDL) manual does not carry the force of law, and thus trial court can not refer to the manual and its guidelines when instructing jury on county truck driver’s duty of care in wrongful death action against county.

Lapp v. South Carolina Dept. of Motor Vehicles, 387 S.C. 500 (2010)

Motorist appealed from decision of the Department of Motor Vehicles suspending her driver’s license for refusing to submit to a breath test. The Division of Motor Vehicle Hearings sustained the suspension, and the Administrative Law Court affirmed. Motorist appealed. The Court of Appeals held that: [1] officer had probable cause to arrest motorist for driving under the influence (DUI); and [2] officer’s arrest of motorist for DUI did not violate statute, providing that no police officer in investigating traffic accident shall necessarily deem the fact that accident has occurred as giving rise to presumption that a violation of a law has occurred. Affirmed.

McGee v. South Carolina Dept. of Motor Vehicles, 389 S.C. 540 (2010)

Department of Motor Vehicles appealed a decision of the Administrative Law Court reversing the suspension of driver’s license of owner of uninsured truck that had been involved in accident. The Court of Appeals held that suspension of driver’s license of owner, who had not paid uninsured motor vehicle fee, was required. Reversed.

South Carolina Department of Motor Vehicles v. Blackwell, 389 S.C. 293 (2010)

Department of Motor Vehicles sought review of decision of the Division of Motor Vehicles Hearings (DMVH) rescinding five-year suspension of motorist’s driver’s license upon finding that driving with an unlawful alcohol concentration (DUAC) was not a qualifying offense for purposes of classifying motorist as an habitual traffic offender. The Administrative Law Court reversed decision of DMVH and reinstated motorist’s suspension. Motorist appealed and Supreme Court certified the case. The Supreme Court held that offense of DUAC was a major violation under the habitual traffic offender statute. Affirmed.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Other CDL Provisions

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.

Come To Order – Human Trafficking – Episode Three

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 Three: How Bias May Prevent Judges From Recognizing Human Trafficking – September 25, 2025

This episode continues our series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. It explores how biases may prevent judges from recognizing human trafficking in their courtrooms.

Guests include:

Dr. Joseph A. Vitriol, an assistant professor at Lehigh University in Pennsylvania. He holds a Ph.D. in social-personality and political psychology from the University of Minnesota, Twin Cities, and a BA/MA in forensic psychology from John Jay College of Criminal Justice.

Dr. Christine McDermott, who is a research fellow at the National Judicial College. She earned her Ph.D. and master’s in interdisciplinary social psychology from the University of Nevada, Reno and her bachelor’s degree from the University of Colorado, Colorado Springs.

Come To Order – Human Trafficking – 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: How The Trucking Industry Is Fighting Human Trafficking & What Judges Need To Know – September 26, 2025

This is the final episode of our four-part series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. This episode focuses on how the trucking industry is fighting human trafficking and how that may impact how cases end up before a judge.

Guests include:

Jake Elovirta, the Director of Enforcement Programs for the Commercial Vehicle Safety Alliance; Judge Chris Turner, who is a Magistrate Judge and director of Judicial Outreach in the Third Judicial District in Shawnee County Kansas; and Dylan Wecht, a Public Sector Engagement Specialist for Truckers Against Trafficking.

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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.

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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.