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South Carolina’s Alcohol Education Program (AEP)

South Carolina’s Alcohol Education Program (AEP)

South Carolina’s Alcohol Education Program (AEP)

South Carolina’s Alcohol Education Program (AEP) – If you have been arrested for a crime in South Carolina there are a few programs that may help you if you are a first time offender.  Part of what we do as Charleston criminal defense attorneys involves working with prosecutors to get first time offenders enrolled in these programs.

Alcohol Education Program (AEP)

AEP is a diversionary program designed for first-time offenders of magistrate/municipal court underage drinking offenses.  This system allows the defendant to be diverted from court and enter into a program consisting of counseling and guidance.  Successful completion of the program requirements will allow the defendant to process an Order for the Destruction of Arrest Record on the charge.  The goal of this program is to give first-time offenders an educational opportunity to change illegal behavior.

*Offenders may participate in this program only one time

Who May Be Eligible:

–       Must be 17-20 years old

–       No prior criminal convictions

–       Must be employed, disabled, or enrolled in school

–       Must be likely to respond quickly to rehabilitative treatment

–       Justice to the offender and the state will be served by placing the offender in a diversion program    

–       Offender is unlikely to be involved in further criminal activity

–       Individual poses no detectable threat to society

Cost:

–       $150 Application Fee

–       $100 Participation Fee

Requirements:

–       Complete assigned counseling and payment of $100 participation fee

–       Submit to and pass random drug screenings

–       Complete assigned driving program

–       Complete community service as assigned

–       Must have NO criminal violations while enrolled in AEP

AEP Eligible Charges:

–       Minor in possession of beer or wine

–       Minor in possession of alcohol or liquor

–       Open container

–       Public disorderly conduct

–       Littering (alcohol related only)

–       Possession of Fake ID

*If you complete the program requirements, the court that handled your case will be notified and the charges against you are dismissed.  At that time, you are eligible, under the South Carolina Code of Laws to clear your arrest record of the dismissed charges by way of an expungement order.

*If you fail to complete the program for whatever reason or are charged with another offense, you will be terminated from the program and your case will be returned to court for prosecution.

 

 

 

 

 

Courtesty: http://www.anderson-schuster.com/south-carolinas-alcohol-education-program-aep/

Florida Misdemeanor Pretrial Diversion Program

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Florida Misdemeanor Pretrial Diversion Program

Florida Misdemeanor Pretrial Diversion Program – The Florida Legislature has long recognized the need to identify and divert some offenders to specialized programs. Florida Statutes created a cooperative effort between the State Attorney’s Office and selected agencies to divert appropriate first-time offenders to these programs.

One such program is the Misdemeanor Pretrial Diversion Program (PDP), which offers qualified misdemeanor offenders an alternative to formal criminal prosecution. Each participant signs a contract with the State of Florida which waives their right to a speedy trial, and in which they agree to comply with the program requirements and perform specific sanctions. Participants are normally supervised six (6) months to twelve (12) months depending upon the offense. In return for successful completion of the program and listed sanctions, the State agrees to drop the participant’s criminal charges in that specific case, which enables them to avoid a conviction and ultimately a criminal record. All referrals to Misdemeanor PDP must originate with a recommendation by the Florida Office of the State Attorney.

The program requirements include the payment of all applicable program fees and costs of prosecution.

  • Payment of program fees of:
    $360.00 – 6 months or less
    $560.00 – 9 months
    $720.00 – 12 months
    (NOTE: PRETRIAL DIVERSION IS A VOLUNTARY PROGRAM, FUNDED ENTIRELY BY THE FEES PAID BY THE PARTICIPANTS. THEREFORE, FEES ARE NOT ELIGIBLE FOR REDUCTION OR WAIVER.)
  • Payment of $50.00 cost of prosecution fee

Additional sanctions appropriate to each offense or to address the needs of the individual participant may include, but are not limited to:

  • Payment of restitution to the victims in the case (if any)
  • No contact or un-consented contact with victim, if deemed necessary
  • Payment of cost of investigation fees to the law enforcement agency (if any)
  • Regular (at least monthly) contact with a Criminal Justice Officer
  • Community service hours at an approved agency (minimum of 32 hours with insurance fee paid by participant)
  • Psychological or Psychiatric evaluation and any treatment recommended, at participant’s own expense
  • Alcohol and/or substance abuse evaluation and any treatment recommended, at the participant’s own expense
  • AA or NA meeting attendance, if deemed appropriate
  • Random Drug/Alcohol testing, at the participant’s own expense
  • Educational classes such as:
    • 26 week Batterers Intervention Program (domestic violence cases)
    • Anger Management
    • Parenting and Child Rearing Skills
    • Retail Theft
    • Life Skills
    • Adult Education/GED
    • Victim Awareness Program
    • HIV Awareness Program

In addition to the PDP program outlined above, the Office of the State Attorney also has a WORTHLESS CHECK DIVERSION PROGRAM. That program has an administrator and provides an opportunity for first-time worthless check offenders to avoid formal court proceedings by paying restitution to the victims, including service charges and administrative fees, and completing a Financial Responsibility Class. Once all sanctions are successfully completed, the criminal worthless check charges are dropped.

 

 

 

 

 

 

 

courtesy page: http://sa18.org/page/misdemeanor-diversion.html

SC Non-Owner SR22 Insurance Discount Tricks

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SC Non-Owner Discount Tricks

SC Non-Owner Discount Tricks  – If you frequently rent a car or borrow someone else’s car and want protection for when you drive it, you may qualify for a Non-Owner policy at a discount of up to 25%. This will provide the proof of auto insurance the state requires and will provide liability only coverage on any non-owned vehicles you drive.

If you are an existing customer, please call Customer Service at 636-410-6219, 8:00 a.m. to 5:00 p.m. CT, or email anytime at info@selectinsuranceteam.com to see if you qualify for this discount.

If you are a new customer, please call 855-GET-SELECT (855-438-7353),8:00 AM – 8:00 PM CT, 7 days a week to see if you qualify.

You can also get a free car insurance quote from Select Insurance Group and start driving legal today. We offer low down payments and easy monthly payment plans to get you on the road for less. It’s legal, cheap, and easy!¹

 

¹Consult with an attorney to determine whether it is illegal to drive without insurance in your state.   Prices vary based upon the state where you reside, the minimum limits you purchase, and other underwriting factors.SC

Getting Out Of A Minor In Possession Violation In Missouri

Minor in Possession, MIP, DUI, SR22

Getting Out Of A Minor In Possession Violation In Missouri

Getting Out Of A Minor In Possession Violation In Missouri – Under Missouri law it is a misdemeanor for anyone under the age of twenty-one to purchase, attempt to purchase, or  have in his or her possession any intoxicating liquor;  to be visibly in an intoxicated condition; or to have a detectable blood alcohol content of more than two-hundredths of one percent.

In 2005, Missouri law was expanded to include so called “possession by consumption”, providing that prosecutors no longer needed to show that a minor actually purchased or possessed alcohol. Now merely appearing visibly intoxicated, or having a detectable B.A.C. will constitute a violation, even if there is no evidence of actual possession.

Many charges for Minor in Possession, also arise under the laws of individual cities, including Columbia, Missouri. The elements required to commit the offense are often almost identical to the State law, but there are often significant differences in the range of punishments available to the Prosecutor.

Remember: you do not need to operate a motor vehicle, or be over the State legal limit to be convicted of Minor in Possession. The fact that:

  1. You are younger than twenty-one (21) years of  age at time of the violation; and
  2. Had physical possession of alcohol; or
  3. Attempted to purchase alcohol; or
  4. Had detectable amounts of alcohol in your breath, blood, or saliva

may be sufficient to convict you of violation of the State of City Minor in Possession laws.

Abuse and Lose: Will I Lose My License?

Under Missouri’s Abuse and Lose law, 577.500 RSMo, charges for Minor in Possession, False Identification, or Drug Possession, can now impact your right to operate a motor vehicle, regardless of whether a vehicle was involved in your underlying offense. Currently, the application of the Abuse and Lose law turns on how your charge is filed. In the large majority of first time offenses, a skilled attorney will be able to avoid ramifications for your license.

Potential license suspensions include:

  1. First Offense: up to 90 days suspension.
  2. Second Offense: 90 days suspension, or 1 year revocation.
  3. Third Offense: 1 year revocation.

Remember: How the charge is written will largely determine the potential for license suspension or revocation. Often, the same set of facts that could potentially impact your drivers license can be charged so as not to take you off the road at all!

Criminal Punishment: Will I Go to Jail?

Violation of the Missouri Minor in Possession law can be punished by a fine of up to $1,000.00, or imprisonment in the County Jail for up to 1 year. As a practical matter, however, the majority of convictions will receive punishments significantly below these maximums. Jail sentences for minor in possession convictions are rare, unless there is some special or extraordinary  circumstance.

An experienced attorney can often minimize or avoid these punishments altogether. Through proper negotiation and strategy, it is often possible to serve probation in lieu of fines or imprisonment. As an added bonus, successful completion of such probation will often prevent any record of the underlying offense! It is therefore possible to come out of your ordeal with NO CRIMINAL RECORD!

Your Legal Rights!

Remember: You have a Constitutional right to the assistance of an attorney to defend against a minor in possession charge! An experienced attorney will be able to determine:

  1. Whether your acts in fact violated the law or ordinance in your Jurisdiction;
  2. Whether your constitutional rights to be free of unreasonable search and seizure were respected;
  3. Whether your drivers license is at risk, and what can be done to protect it;
  4. Whether you are entitled to an affirmative defense excusing you from liability; and
  5. Whether despite guilt you are entitled to probation in lieu of conviction and thereby clean criminal record.

If you or someone you know is facing license suspensions or loss of driving privledges due to an MIP, call us at 1-855-GET-SELECT (1-855-438-7353)

Boating Under The Influence

BUI, Boating under the influence, DUI, Law, Wet and Reckless

Boating Under The Influence

Boating Under The Influence  – You may think that operating a boat while under the influence of alcohol is legal, but it is not. In fact, boating under the influence (BUI) is a crime under federal and state laws. The U.S. Coast Guard routinely patrols our waterways and can arrest you the same as if you were driving a car under the influence. The law pertains to everything from canoes and rowboats to large ships.

Below, you will find a list of frequently asked questions regarding BUIs including a definition of the crime, penalties, and more. If you want more information, see www.selectsr22insurance.com.

Q: Can law enforcement pull me over in my boat, just like in a DUI case?

A: Yes, state and federal law enforcement officials can pull a boat operator over on suspicion that the operator is driving a boat while under the influence, just like they can when you are driving a car.

Law enforcement officials may also set up checkpoints on the water, just like roadside DUI checkpoints, to question and check boat operators for Boating Under the Influence (BUI). Some states do not even require “probable cause” for law enforcement officials to be able to board your boat. In Delaware, they can just do it.

Even if they don’t charge you with violating federal laws prohibiting boating while intoxicated, federal authorities like the U.S. Coast Guard can also hold and transfer you to state authorities for additional prosecution.

Q: Can I lose my boating license or permit from a BUI conviction?

A: Perhaps. It depends on your state’s boating regulations and other laws. A lawyer can help you with this important question.

Q: Do many people have criminal convictions for boating while drunk?

A: Yes, and with more states focusing on BUI violations, the number doesn’t appear likely to decrease. A BUI conviction often has the same consequences as a DUI conviction.

Q: Do I have to go to jail for a BUI conviction, or do I only have to pay a fine?

A: The answer depends on your state’s boating and criminal laws, the particular violations that you are accused of, and the legal penalties for a particular conviction. Often, a state’s BUI laws and penalties mirror the state’s DUI laws and penalties.

Q: Do I have to submit to a Breathalyzer or blood test?

A: Whether you are allowed to refuse a breathalyzer test varies from state to state. If you don’t know, it might be wise to politely decline. Doing so in some states like Pennsylvania, however, could result in an automatic suspension of your boating privileges. In other states like Florida, your license cannot be automatically suspended for refusing to submit to a BAC test.

Q: Can I be subjected to a field sobriety test?

A: Probably. State authorities may ask you to “walk and turn,” recite a particular phrase, or other tasks. The general purpose of field sobriety tests is to help determine if you are able to perform the basic functions required to safely operate a boat or other watercraft. Some of the field sobriety tests used are not necessarily applicable on the water though, because the boat you are on may prevent even a sober person from passing the test. In this situation, a Breathalyzer test is more likely.

Q: Even if I’m convicted, can’t I just perform “community service?”

A: Probably not. Many states require people convicted of BUI offenses to attend mandatory boater education classes, as well as alcohol and drug counseling. If you are convicted of a criminal offense, you will have a criminal record. Depending on the severity of the conviction (i.e., if it is a felony or misdemeanor), you could face severe legal consequences and restrictions.

One option you may have is called a “wet reckless” which is similar the same term used in DUI law. The prosecutor may give you the option to plead guilty in exchange for a charge with smaller penalties, like recklessly operating a watercraft.

Consult with an Experienced Expert like Select Insurance Group for FREE by calling 1-855-GET-SELECT (855-438-7353)

 

How long does a DUI stay on your record in California?

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How long does a DUI stay on your record in California?

Getting a DUI off Your Driving Record

How long does a DUI stay on your record in California? In California, a DUI stays on your driving record with the DMV for 10 years. This record can be seen by law enforcement officers as well as within the DMV. It is used by the DMV to make decisions about your driver’s license such as whether you are eligible to reinstate a suspended license.cheap DUI insurance, DUI insurance rates, Best DUI Insurance Companies

The bad news is that there is no way to remove a DUI from your driving record. The good news is, this record is not included in a background check and cannot be seen by potential employers. It does not count as a criminal record (although a DUI also goes on your criminal record—see below). It is used almost exclusively by the DMV.

Previously, California law kept a DUI on your driving record only 7 years. This was changed in 2007. If you have any past DUI conviction, even from before the law changed, it will now stay on your record the full 10 years. In the future, the period could be even longer.

The 10 years starts from the date of your arrest.

DUI “Points” on Your Driver’s License

California driver’s licenses use a “point” system to track risky behavior. All drivers start with 0 points, but may acquire points for certain infractions—like speeding, or DUI—or for causing an accident.

Points hurt you in two ways. For one thing, they affect your insurance rates. More points mean higher car insurance bills. Additionally, they can cost you your license. Your license will be suspended if:

  • You get 4 or more points in 2 years
  • You get 6 or more points in 3 years
  • You get 8 or more points in 4 years

DUI’s are in the highest point category. Each DUI adds two (2) points to your license. Obviously, the sooner those points go away, the better off you are.

Unfortunately, DUI points also take the longest to get off your license. Points from a DUI stay on for 13 years. There is no way to shorten this period.

But you can reduce your total points in other ways. Points from traffic tickets, for example, can sometimes be removed if you agree to go to traffic school. You can look up DMV approved traffic schools here.

Previous DUI’s and New DUI Charges

Any DUI charge on your record also affects future DUI penalties. California state law assigns different penalties for a first, second, and third+ DUI. Each one is more serious than the one before it. To compute this, any DUI within the last 10 years counts as a previous charge.

For example, let’s say you’re facing a DUI charge right now. You already have one previous DUI conviction. If that previous conviction was 8 years ago, it will count against you, and the new charges are a “second” DUI. If the previous conviction was from 11 years ago, however, they do not count. Your new DUI is treated as a first offense.

There is no way to shorten this period. Again, the 10 years is counted from the date of your arrest.

Expunging a DUI from Your Criminal Record

The last place where a DUI is recorded is on your criminal history. In California a DUI is not just a traffic violation, it is a criminal offense—usually a misdemeanor, but sometimes a felony depending on the circumstances. You have to disclose your criminal history when you apply for jobs or professional licenses, and it can be held against you.

Normally, a DUI stays on your criminal record permanently. However, you may be able to have it expunged. You are eligible to expunge a DUI if:

  • You have already served all penalties, including probation
  • Your sentence did not involve state prison (as opposed to jail time)
  • You are not currently facing any other criminal charges

If these all apply to you, a California DUI attorney can help you expunge your DUI. They will file a request to expunge. The prosecutor’s office may or may not oppose the expungement, in which case your attorney can fight for you. There will be a hearing and, in most cases, the expungement will be approved.

Once a DUI is expunged, it is no longer part of your criminal record. You can apply for jobs with a “clean” criminal history and do not have to disclose your DUI. However, the DUI will still count as a past charge if you are arrested for a new drunk driving charge.

The short answer is that a DUI stays on your driving record for 10 years in California, and stays on your criminal record permanently. However, the full story is a little more complex. There are a number of records that a DUI affects, and you can take action to change some of them.

The Truth Behind Car Dealer Gap Insurance

gap insurance, dealer warranty insurance, liability insurance

The Truth Behind Car Dealer Gap Insurance

When you purchase a vehicle from a car dealership, the sales pitch often includes gap insurance. The reason is that your car loses value the moment you drive it off the lot. In fact, the minute you sign the paperwork, your vehicle goes from being a new car to being a used automobile, and its value immediately decreases.

If you were to have a wreck in that brand-new car, your insurance company probably wouldn’t cover the cost of what you owe on it. They would only cover the cost of replacing your vehicle with one of the same value. This is why you should consider buying gap insurance when you purchase a new car. So what is gap insurance? Also known as guaranteed auto protection insurance, it will cover the difference between your car’s depreciated value and what you actually owe on your auto loan if your car is stolen or totaled.  If your car is demolished or stolen, gap insurance covers the difference between what your auto is worth (based on current market value) and the amount you still owe on your loan.

Avoid Shady Gap Insurance Deals at the Car Dealership

Here is the typical scenario. You choose the car you want to purchase, get the finance agreement pitch, and then move to discussing extras like gap insurance. The usual pitch is cloaked in terms of urgency, but the underlying narrative tells a much different story. You see, car dealerships profit like bandits off gap insurance. They retain commissions as high as 50% of the policy premium. That is money you’re putting right into their pocket just for the privilege of letting them sell a gap policy to you.

The reason most customers fall for the sales pitch is simple. They assume that the dealership is the only place to purchase gap insurance. While this is certainly false, the dealership won’t mention it, because they want to make the extra commission. Don’t fall for this. There are other places to purchase gap insurance for much less money.

You could purchase this coverage from other sources, like lenders or credit unions, and pay less. You could expect to find deals ranging from $250 to $700 annually with these options. They are not tied to dealerships, and as a result, have much better pricing

However, the best place to find a great deal on gap insurance is your auto insurance company. Select Insurance Group can find a price that is significantly less because we shop around for the best price, which can sometimes be as little as $20 per year. This is why it is always best to talk to a licensed agent before making any decisions. They have industry insight and experience and can help you make informed decisions.


How to Benefit from Gap Insurance Coverage

So what do the above scenarios tell you? It’s more than worth it to consider purchasing gap insurance from anywhere but a car dealership. There is really no reason to roll the gap policy into your dealership finance agreement, since you typically only need to get protection for a few years.

Gap insurance is a wise choice in any of these circumstances:

  • You are purchasing or leasing a new or slightly used vehicle.
  • You are buying a vehicle of significant value.
  • You are financing a new or used vehicle without a large down payment, creating a “gap” between your vehicle’s actual value and your loan amount.
  • You do not have significant cash savings that would allow you to cover the difference between the amount you owe on your loan and the actual cash value if your car is stolen or totaled.

As with most types of insurance coverage, everything comes down to your risk. If you are buying a car, gap insurance will most likely be optional, and you get to decide. Do you want to avoid the possibility of a large financial burden if something bad happens to your car, or are you willing to take that risk?

Industry statistics show that new vehicles lose about 30% of their value in the first year after purchase, and 20% the second year. As a result, car owners can end up being upside down on their loan: The value of the automobile is less than the loan amount. This makes gap insurance a wise investment if your vehicle is damaged or stolen within that time frame. That’s a benefit you cannot argue with. Yet, to purchase the best policy and get the most benefit, you should always talk to your Trusted Choice agent to help you decide whether gap insurance is worthwhile, based on your circumstances.

How Does Gap Insurance Work?  

Gap insurance covers the gap between what your vehicle is worth and what you are actually on the hook for in regard your vehicle loan after a collision. Does gap insurance cover theft? Absolutely. However, typically there is a waiting period (30 days or so) after the claim is filed. This leaves time for your vehicle to be recovered. If that occurs, then your standard insurance coverage activates. It is important to reiterate that gap policies are typically only needed for a specific period of time. Once the market rate of your vehicle plateaus and comes in line with current market rates, a gap policy is no longer needed. However, since the decrease in vehicle value is so drastic in the beginning, gap insurance is a worthwhile investment.

It works like this. Let’s say you purchase a vehicle brand new for $35,000. The moment you drive it off the lot, the value drops. Then, it may only be worth $27,000. If you are in an accident, your auto insurance will pay the replacement cost of the vehicle, or $27,000. The policy specifies that they must fulfill the obligation of replacement at current market value. It has nothing to do with the loan value of your vehicle. You are still $7,000 short. Gap insurance would make up the difference.

The cost of gap insurance will vary depending on a number of factors, including the value of your car. Did you just buy a new Jaguar or a Mitsubishi? Are you leasing a new hybrid car? At an average rate of just $40 per year, it is most likely worth the extra insurance expense if your car’s loan amount significantly exceeds its value. Another factor that will affect your gap insurance cost is the auto insurance company you choose. Not all insurance is the same, and prices can vary dramatically from one insurance provider to the next. Working with an independent agent who can compare prices and options from multiple companies will help you find the best coverage and price.

Getting the Best Deal on Gap Insurance

It is important to keep in mind that not all auto insurance coverage is equal. Therefore, it is in your best interest to work with an independent agent  like Select Insurance Group to make sure you purchase a policy that best suits your needs. We will get a much better deal than if you purchase a policy from a dealership. Contact a Select Insurance Group licensed agent today at 855-GET-SELECT (855-438-7353) to make sure you purchase the right gap auto coverage policy.

5 Ways to Find the Right Auto Insurance Coverage on a Budget

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5 Ways to Find the Right Auto Insurance Coverage on a Budget

5 Ways to Find the Right Auto Insurance Coverage on a Budget – Finding cheap Auto Insurance in  your state that gives you cover you need isn’t easy, especially with so many car insurance companies around. They may tell you theirs is the cheapest car insurance around, but is it the best car insurance for you?

At Select Insurance Group, you could get the cover you need for a lot less than you’d expect to pay simply by shopping your coverage with over 15 carriers. And don’t just take our word for it. *You can quickly see what our customers said they saved by switching to Select Insurance Group.

Now, compare auto insurance quotes online with Select Insurance Group (we can give you an insurance quote online in just three minutes) and see just how much you could save.

If you’re serious about getting a cheap auto insurance quote with some great policy options, get a car insurance quote online from us today.

Here are some tips for saving money on your auto insurance:

  1. Shop around. A Trusted Choice® independent insurance agent like Select Insurance Group can help you get quotes from multiple insurance carriers to make sure you are getting the best rates available.
  2. Bundle your policies. Most insurance companies offer discounts if you purchase more than one policy from them. And the more policies you have (homeowners, car, boat, motorcycle, personal umbrella, etc.), the greater your discount.
  3. Maximize discounts. Insurance companies usually offer a wide variety of discounts, such discounts for multiple policies, safe driving, and good students. Your agent will work with you to ensure that you receive any discounts that you qualify for.
  4. Keep a clean driving record. Traffic violations have a negative impact on your insurance rates. Avoiding tickets and accidents keeps your rates down, and many insurance companies offer additional discounts for people with clean driving records.
  5. Choose higher deductibles. The higher the deductible, the lower the premium. If you think you will have enough cash to cover your deductible if you have to file a claim, consider a higher deductible to lower your rates.

How To Obtain A Good Cause Waiver

Good Cause Waiver, GCW, CDL, SR22, Missouri

How To Obtain A Good Cause Waiver?

How To Obtain A Good Cause Waiver – Section 192.2495, RSMo, requires regulated health care employers, such as long-term care facilities, hospitals, home health agencies, in-home services providers and consumer directed services programs under contract with the Department of Health and Senior Services, hospices, and adult day care providers to obtain a background screening prior to hiring an employee. For in-home services providers, consumer directed services providers and home health agencies, this includes checking the Family Care Safety Registry (FCSR) (Sections 210.900 – 210.936, RSMo.). This statute states that an individual with a certain type of finding identified in his or her background screening cannot be hired by these employers. However, in certain circumstances, the individual has the right to apply for a GCW that, if granted, would waive the legal hiring restriction and allow him or her to be employed.

 
A complete Explanation of Background Screening Finding form for EACH arrest/investigation that resulted in the disqualifying offense or incident. Include what happened, how it happened, why it happened, when and where it happened, any person present at the time, and the circumstances from your point of view. Include why you feel your Good Cause Waiver should be approved.
  • Attach one (1) sponsorship letter from a previous or current employer stating how long the person has known you and why they feel you should be recommended for a Good Cause Waiver. If you are unable to obtain a sponsorship letter, submit 3 character references from persons who are knowledgeable of your character and employment history. The reference letters cannot be from someone related to or residing with you.
  • Attach a completed Employment History form noting previous employment since the age of 18.

Include (if applicable):

  • If the disqualifying finding is substantiated child abuse/neglect and/or foster parent denial/revocation/suspension, attach the investigation report from the Department of Social Services (DSS). This report is approximately 10 pages long and is available to you upon telephone or written request from your local DSS office.
  • If you have ever been refused a license, certificate, or registration by any public or governmental licensing board, agency or regulatory authority, explain the incident that led to the disciplinary action.
  • If you have any pending felony or misdemeanor charges, include a statement explaining the circumstances and certified copies of the charging documents for all pending criminal charges.
  • Explain any pending charges or reports of child abuse, neglect or endangerment.
  • Explain any pending actions that might result in the denial, revocation, or involuntary suspension of a foster parent license.
  • Explain any pending actions that might lead to your inclusion on the Department of Mental Health Employee Disqualification Registry.
  • Any documentation that, in your opinion, supports your application for a GCW by demonstrating rehabilitation, positive lifestyle change, etc.

Reasons for CDL Disqualification

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Reasons for CDL Disqualification

Reasons for CDL Disqualification  – Reporting requirements under the CDL program have been in effect since 1988. Commercial drivers must notify the Secretary of State of the following:

  • Any out-of-state traffic violation within 30 days of conviction.
  • Any out-of-state suspension, revocation or cancellation of driving privileges, as well as disqualification or out-of-service actions, within 30 days of the effective date.
  • Change of name or address within 10 days. The driver has 30 days to obtain a corrected CDL.

Commercial drivers also must notify their employer of the following:

  • Any traffic violation within 30 days of the date of conviction.
  • Any suspension, revocation or cancellation of their driving privileges, as well as any disqualification or out-of-service action, within one day of notification of action.
  • Complete employment and driving record for the previous 10 years.

1.13 Alcohol Provisions

Law requires drivers operating a commercial motor vehicle (CMV) or a non-commercial motor vehicle (nonCMV) on highways to automatically give their consent to submit to certain tests to determine blood-alcohol concentration (BAC). A CDL holder may not operate a commercial vehicle with a BAC of .04 or more or a noncommercial vehicle with a BAC of .08 or more.

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  • Any driver operating a CMV or non-CMV who refuses to submit to chemical testing or submits to a test with results in excess of the legal limit is disqualified for a minimum 12 months.
  • Any driver convicted of DUI (regardless of BAC) is disqualified for a minimum 12 months.
  • If either violation above takes place while transporting placarded hazardous materials, the driver is disqualified for a minimum three years.
  • A driver who commits two of the above violations, arising from two or more incidents, is disqualified for life.
  • A CDL holder operating a CMV found to have any alcohol in his or her system is placed out of service for at least 24 hours.
  • Anyone convicted of driving a commercial motor vehicle with any amount of drug, substance or compound resulting from unlawful use or consumption of cannabis listed in the Cannabis Control Act or controlled substance listed in the Controlled Substance Act is disqualified for a minimum 12 months.

1.14 Other Offenses Leading to Disqualification

The following offenses also will lead to disqualification:

  • Knowingly and willfully leaving the scene of an accident while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • Committing a felony while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • A conviction for either offense above while carrying placarded hazardous materials results in disqualification for a minimum three years.
  • A conviction for violation of an out-of-service order results in disqualification for a minimum six months.
  • The use of a CMV or non-CMV in the commission of any felony involving manufacturing, distributing or dispensing a controlled substance, or possession with intent to manufacture, distribute or disperse a controlled substance, results in a lifetime disqualification.
  • Operating a commercial motor vehicle in violation of regulations pertaining to railroad-highway grade crossings: first conviction – 60 day disqualification; second conviction within a three-year period —120-day disqualification; third and subsequent conviction within a three-year period — one year disqualification.

Excessive Speeding

Excessive speeding involving any single offense for any speed of 15 mph or more above the posted speed limit.

  • Failure to reduce speed to avoid an accident.
  • Driving too fast for conditions.
  • Exceeding the speed limit in a school zone.

Reckless Driving

Operating a CMV or non-CMV in a manner that exhibits a willful, wanton or reckless disregard of the safety of persons or property.

  • Passing a vehicle stopped for a pedestrian in a crosswalk.
  • Driving on a sidewalk.
  • Passing a school bus receiving or discharging passengers or displaying a warning not to pass.

No Valid CDL

Operating a CMV without a valid CDL.

  • Operating a CMV with an improper classification or restriction.
  • Violation of an instruction permit.

Following Too Closely

Following the vehicle ahead too closely.

  • Failure of a truck to leave sufficient distance for being overtaken by another vehicle.

Improper Lane Usage

Improper or erratic traffic lane changes.

  • Improper lane changing, lane usage and/or center lane usage.
  • Improper passing.
  • Passing on a hill or curve or when prohibited.
  • Passing on wrong side of the road.
  • Improper passing on shoulder, left or right.
  • Driving wrong way on a one-way street or highway.
  • Driving on the left side of the roadway.
  • Passing in a school zone.

Conviction Involving a Fatal Accident

A violation of any state law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident.

Multiple Licenses

A violation relating to a CMV driver having multiple driverʼs licenses.

Traffic Violations

Two serious traffic violations within a three-year period results in a two-month disqualification. Three serious traffic violations in the same period results in a four-month disqualification.

 
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