Can you appeal your Ohio CDL disqualification?

Aug 2, 2019 | traffic violations for commercial driver's license holders

Even the safest drivers may receive a traffic ticket at some point. As a commercial motor vehicle driver in Ohio, however, getting traffic violations on-the-job or off may result in a disqualification of your commercial driver’s license. If you disagree with the revocation of your driving privileges, you may choose to file an appeal with the Bureau of Motor Vehicles.

 There are numerous violations which may result in CDL disqualifications. These include alcohol- or drug-related traffic offenses, driving on a suspended license, negligent operation of a commercial motor vehicle resulting in a fatality, receiving tickets for any two or three serious traffic violations in a three-year period, excessive speeding or texting while driving. According to the Ohio BMV, requests for CDLdisqualification appeals must be made within 30 days of the notice of disqualification being sent out. Any appeals of such disqualifications must go through the BMV, even in cases when other courts might have jurisdiction to decide administrative license suspension matters.

The BMV will schedule a hearing when the appeals request is received. A hearing examiner will review the matter and submit a report and recommendation on the request. Should drivers disagree with the results of the report and recommendation, they have 10 days to submit their objections. When the 10 days have expired, the BMV issues a final order on the disqualification appeal. In cases when commercial motor vehicle operators are not in agreement with the final orders, they may pursue the matter to their county court of common pleas.

This post contains information which is meant only for general purposes and is not intended as legal advice.