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.
  
  

Course Description:

Every year, over half a million crashes on American highways involve commercial motor vehicles. These crashes result in enough fatalities to wipe out the entire population of more than any one of half of America’s towns. Many involve repeat violators, some of whom would not have been on the road if Federal and state CDL/CMV laws were properly and ethically enforced.

Judges who handle cases involving commercial driver’s licenses and commercial motor vehicles are often unaware of Federal regulations and state laws that require courts to treat commercial drivers differently than noncommercial drivers, even when a traffic violation has been committed in a personal or family vehicle.

This subject is one all judges must understand. Most misdemeanor and felony court judges don’t realize these laws may apply to cases where no traffic violation is even alleged. Many high-volume traffic courts are unaware of the need to establish special procedures for the handling of CDL/CMV cases.

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;
• Recognize the legal, financial and social consequences of failures to enforce CDL/CMV laws;
• Detect the ethical implications of mishandling CDL/CMV cases;
• Apply recent expungement laws to holders of commercial driver licenses; and
• Develop ethical and efficient procedures for the handling of CDL/CMV cases in your court.

Every year, over half a million crashes on American highways involve commercial motor vehicles. These crashes result in enough fatalities to wipe out the entire population of more than any one of half of America’s towns. Many involve repeat violators, some of whom would not have been on the road if Federal and state CDLs/CMVs laws were properly and ethically enforced.

Increasingly, the modern-day Traffic and Criminal Court is experiencing higher volume and fewer resources. Despite this trend, Access to Justice remains imperative especially when balanced against the need to address cases requiring specialized attention such as CDL drivers who are prohibited from engaging in certain plea agreements. Judges who handle cases involving CDLs/CMVs are often unaware of federal regulations and state laws that require courts to treat commercial drivers differently than non-commercial drivers. This webinar will explore issues of both Access to Justice and Procedural Justice as juxtaposed against the concerns of CDL holders.

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; and
• Develop ethical and efficient procedures for the handling of CDL/CMV cases in
  your court.