|
| |
|
Compendium
Superior Court Cases |
| Commercial Driver License Appeals (CDL) |
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. |
|
|
