they take my CDL? (Nebraska)

[stealmychecks]

I recently was convicted of a hit-and-run. My lawyer said it would be easier to just plea no-contest, so I did. I should have gone after the liar that said I backed into someone. But whatever. My lawyer and I were in the courtroom for maybe 2 minutes. Pled no-contest like I said.

What the agreement was is word-for word on the statement.

""Plea Agreement: Defendant will plea guilty or no contest to Ct. I; state will recommend a fine only, no loss of license, no restitution."

I got a letter today saying that they wil take my CDL from the DMV! Can they do this? Nothing was ever mentioned about commercial in court, or by my lawyer.

Any advice is welcome. Couldn't get ahold of him today.

Thanks

 

[xylene]

define 'take' in the letter.

Suspend? Revoke? what exactly does the letter say? What action does the letter call you to take? Is this immediate or is there a timeline?

If your CDL is immediatel suspended or revoked - DO NOT ENGAGE in commercial driving. Do not engage after any deadline.

It does seem the DMV can do this:

http://www.dmv.nebraska.gov/frd/susprev/cdl.html

Please note that any DMV penalties are civil matters, separate from your criminal case.

 

[TigerD]

I recently was convicted of a hit-and-run. My lawyer said it would be easier to just plea no-contest, so I did. I should have gone after the liar that said I backed into someone. But whatever. My lawyer and I were in the courtroom for maybe 2 minutes. Pled no-contest like I said.

What the agreement was is word-for word on the statement.

""Plea Agreement: Defendant will plea guilty or no contest to Ct. I; state will recommend a fine only, no loss of license, no restitution."

I got a letter today saying that they wil take my CDL from the DMV! Can they do this? Nothing was ever mentioned about commercial in court, or by my lawyer.

Any advice is welcome. Couldn't get ahold of him today.

Thanks

Leaving the scene of an accident is a major disqualification. You will lose your CDL for one year.
http://www.dmv.nebraska.gov/frd/susprev/cdl.html

You should have discussed the collateral consequences of your plea with your lawyer.

TD

Of course - when I sit on a webpage while doing something else, I should refresh before answering...

 

[stealmychecks]

It says revoded and immediate, but I have within 30 days, to appeal. What defence(s) if any do I have if any? My lawyer sent me an email yesterday, he wanted me to scan an email, but my scanner doesn't work. I was hoping he'd call today, but he didn't. He's been in court all day. Also as of last year Nebraska doesn't require a CDL for farmers. I I put Farm plates back on it can I still haul my own stuff (corn and beans). Kind of on a side note I went therogh a huge fiasco with the DMV in California. I wanted to move there and get my CDL. The DMV had issued me a California DL number, but I never had a California lisence. Long story short I couldn't drive in California, but I could in all other 49 states. Went to the DMV several times and they kept on telling me I needed diferent things. A friend of mine lived in the town next to me, so him and a friend drove my vehicle and another to Vegas for the weekend. When I got back I had problems with Nebraska DMV trying to get my CDL learners. The trucking school told me to go to talk to Sacramento DMV. I got ahold of them one day and I spent about a minute on the phone. Call was like a minute, and everything was fine telling them that I was bck in Nebraska. PS my keyboard is messing up, so please excuse the typos.

Thanks again

 

[Zigner]

It says revoded and immediate, but I have within 30 days, to appeal. What defence(s) if any do I have if any? My lawyer sent me an email yesterday, he wanted me to scan an email, but my scanner doesn't work. I was hoping he'd call today, but he didn't. He's been in court all day.

Take a picture with your camera phone and email it to him.

ETA: Your defense will likely be along the lines of you not pleading guilty and not being found guilty, rather, you submitted a plea of no contest which was accepted by the court...but let your attorney advise you.

 

[stealmychecks]

After I got the paperwork sent to him, he is now ignoring me. And I found out why. I also posted on a legal trucking forum. It turns out that if he appeals, he'll look like an idiot. My best bet is to get another lawyer, and my best defence is that I was ill-advised. I talked to 8 different law firms today. Only one might take the case. If this doesn't happen, does anyone know of a lawyer that will take the case in Colfax County Nebraska? I only have a little more than two weeks to appeal. Thanks I explained to one lawyer that I need a different one because I couldn't get ahold of mine. The next words out of his mouth was explaining to me why he's been ignoring me. Someone even told me to file a complaint with the bar association, but I won't go that far.

 

[HighwayMan]

No one here know Colfax County Nebraska. Besides, this is not an attorney referral service.

You found another law firm so use them, or call your local bar association for a referral.