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Compendium
Superior Court Cases

Commercial Driver License Appeals (CDL)
Gravel v. Bailey, 217-2011-CV-00096, (Smukler, 5/3/11), AFFIRMED
Appeal of denial of motion to reopen lifetime CDL suspension. At hearing, Petitioner requested that CDL hearing order be mailed and emailed to him. Hearings Examiner suspended and issued decision by both mail and email. Petitioner claimed the he did not get decision. Request to reopen filed 4 days after appeal period had expired. Hearings Examiner denied motion. Court did not consider merits of underlying CDL suspension. Upheld as lawful and reasonable. Decision properly mailed to Petitioner.
Njogu v. DOS, 226-2010-EQ-00310, (Colburn, 12/17/10), AFFIRMED
Appeal of CDL lifetime suspension based on 2 DWI convictions. Argued lifetime suspension unfair because he did not hold CDL at time of first conviction and that he had not been driving a commercial vehicle at the time of either offense. Court held that Hearing Examiner did not err in applying the federal regulations and was required to do so under preemption. Language in federal law required lifetime suspension regardless of when convictions suffered. Petitioner did not have to be in commercial motor vehicle for provision to apply. Hearing Examiner's decision mandatory under federal law.
LaFleur v. Beecher,07-E-0445; (Merrimack, Mangones, 01/02/08) AFFIRMED
Petitioner appealed the decision by the Hearings Examiner that he was subject to suspension/disqualification of CDL driving privileges because of a conviction for Driving While Intoxicated while in his personal vehicle under the authority of his operator's (D) license. Petitioner argued there was no authority to suspend/disqualify because there were no state –promulgated rules. The appeal was rejected by the Court that found and ruled that federal law expressly preempts state law and the Hearings Examiner's ruling to that effect is neither unjust or unreasonable.
Gookin v. Beecher, 07-E-0443; (ND Hillsborough, McGuire, 03/24/08) AFFIRMED
Petitioner appealed the decision by the Hearings Examiner that he was subject to suspension/disqualification of CDL driving privileges because of a conviction for Driving While Intoxicated while in his personal vehicle under the authority of his operator's (D) license. Petitioner argued there was no authority to suspend/disqualify because there were no state –promulgated rules. The appeal was rejected by the Court that found and ruled that federal law expressly preempts state law and the Hearings Examiner's ruling to that effect is neither unjust or unreasonable.
Poland v. Beecher, 08-E-0007; (Sullivan, Arnold, 03/11/08) AFFIRMED
Petitioner appealed the decision by the Hearings Examiner that he was subject to suspension/disqualification of CDL driving privileges because of his conviction for Leaving the Scene of an Accident in District Court. Petitioner argued there was no authority to suspend/disqualify because the Hearings Examiner found it was a serious violation. The appeal was rejected by the Court that found and ruled that federal law governs the case and expressly preempts state law and the Hearings Examiner's ruling to that effect is neither unjust or unreasonable.
   
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