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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118286
Experience:  Attorney with over 24 years of law and traffic law
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My CDL License was just revoked by the state of Texas and they

Customer Question

My CDL License was just revoked by the state of Texas and they re-issued my Class C License in its place. They said I did not answer a notice by January 30, 2015 about what kind of truck I was driving or intended to drive. I never received this notice. So can they or do they have the right to do this.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if they can show they sent the notice, they can reduce your license to a Class C if your failed to respond. If you claim you never received the notice, you have to go to the DMV and file to reinstate and appeal the removal of the CDL. If they refuse to reinstate it will go to an administrative appeal officer who will hear the case on whether or not you would be able to reinstate the CDL upon presentation of the proper information to DMV regarding what you are going to be driving.
Customer: replied 2 years ago.
Ok so how do I prove they never sent me a notice because it will simply be their word against mine
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Unfortunately, the law does not state you have to receive the notice, all they have to produce is a copy of the notice they sent to the last address they had on file for you. What happens in these cases, when someone claims they did not receive the notice is they will let you apply to reinstate the CDL and provide the information requested.