Legal Question in Criminal Law in South Carolina

Effect of drug charge on CDL

Friend served 91 days for shooting into dwelling. Paid all restitution, completed probationary period successfully about 2 months ago. Had been arrested for possession of methamphetamine (crank) and disorderly conduct, assault, and shooting into dwelling. These were 3 separate occasions. PTI was completed in regard to the drug charge. The assault and shooting were considered ''concurrent''. Friend did not plead guilty or innocent. I'm not sure what the legal term is but it's something about not being guilty but might have been convicted because of evidence. Is this called plea bargaining? Not sure, but there was no trial by jury.

Friend now been arrested 11/23/03 for possession of Xanax, marijuana, and drug paraphernalia and tag light out. He is a commercial truck driver and needs to know if the outcome could mean more time to serve, how would CDL be affected, and if license taken would it be possible to get a provisionary license just to be able to continue to work. My friend was not operating his commercial vehicle and incidences were not during work hours. He had a DUI almost 10 years ago which caused him to lose the CDL but he did get it reinstated.


Asked on 11/26/03, 11:32 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Effect of drug charge on CDL

If he is convicted of a drug charge, he will lose his drivers license. If he didn't lose it last time, it was because he got PTI. Without knowing more, I would guess that he will not be able to get a provisional license, if convicted. As to whether he will have to serve time, I would need to know more about the case, the evidence, his record, etc. It would also help to know what the prosecutor feels about the case. Your welcome to call. Robert Johnston 843-828-1137

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Answered on 11/26/03, 1:44 pm


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