Cases

Workman v. Va. Dep’t of Corr., 82 Va. Cir. 160 (Cir. Ct. 2011)

An municipal employee carrying a commercial driver’s license was randomly selected for urinalysis testing under a new CDL carrier requirement. The test returned a negative result. The Department’s policy mandated that the employee be retested. The employee was administered an oral fluid test, which yielded a positive test result for marijuana. The Chesapeake County Circuit Court held that the test leading to the employee’s positive result was administered in violation of the Fourth Amendment. The follow up test was administered approximately three months after the initial test and was too long to justify the subsequent test under any circumstances.

Smit v. Shippers’ Choice of Virginia, Inc., 277 Va. 593, 674 S.E.2d 842 (Va. 2009)

Unlicensed mechanic for commercial driver training school who was teaching driver training class was “instructor” within meaning of statute and regulation that required instructor to be licensed, even though he was not receiving compensation as instructor; he was teaching or giving class on learning to operate commercial vehicle and was acting on behalf of driver training school for compensation he received as mechanic.

Meierotto v. Com., 646 S.E.2d 1 (Va. Ct. App. 2007)

A domiciliary of another state, while residing in Virginia, can use his commercial driver’s license, issued by the other state, to drive non-commercial vehicles in Virginia.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol Related)

Major Disqualifying Offenses (Drug Related)

Serious Traffic Offenses

Disqualifications (Railroad and Out of Service Violations)

Masking Convictions

10-Day Posting Requirement

Applicability

Resources

News

Broadcast Library

Traffic Jam: How Commercial Drivers Impact Human Trafficking

Course Description:

Judges across all dockets may encounter trafficking-related cases without recognizing them as such. These cases can appear under the guise of routine traffic violations, civil disputes, or low-level criminal charges, yet they may involve key indicators of exploitation and coercion.

This webcast provides judges with the knowledge to identify and respond to trafficking within the context of commercial transportation. It explores federal and state laws, highlights real-world scenarios, and offers practical guidance for spotting red flags, addressing misconceptions, and supporting victims through informed judicial action.

Understanding the intersection of human trafficking and CMVs is not optional—it is essential. Judicial awareness and leadership play a critical role in disrupting exploitation and advancing justice in every courtroom.

Course Objectives:

After this course, participants will be able to:

• Identify and define the forms and prevalence of human trafficking;
• Develop techniques to respond to human trafficking cases; and
• Understand the unique laws governing CDL holders facing trafficking charges.

Fundamentals of “Masking” and Suspensions for CDL Holders in Traffic and Criminal Courts

Course Description:

The practice of “masking” violations or the unwarranted reduction of charges for Commercial Drivers in Traffic and Criminal Courts across America is fairly common. When CDL drivers are afforded these opportunities, they often lead to less safe roads and highways for all drivers and passengers. Additionally, the likelihood of more crashes involving CDL holders is increased, which often leads to severe injury or death. To combat this challenge, it is necessary for judges, as the guardrails of the judicial system, to be aware of the basic rules which govern CDL holders by reporting convictions and imposing license suspensions where required by law. This course will provide judges the necessary information and tools to identify, address and combat and respond to “masking” when cases appear in the courtroom.

Course Objectives:

After this course, participants will be able to:

  • Identify applicable Federal and state CDL/CMV laws;

  • Determine what constitutes “masking”;

  • Discover the unique definition of a “conviction” under CDL/CMV laws;

  • Summarize the major components related to Access to Justice;

  • Hone techniques designed to improve in-court caseflow management and identify CDL cases with potential masking problems;

  • Balance Procedural Fairness concerns to avoid federal masking violations;

  • Develop ethical and efficient procedures for handling of CDL/CMV cases in their courts.