CDL Violations

As a CDL traffic ticket lawyer who defends many truck drivers and motorists from New York traffic tickets, New York truck tickets and CDL tickets (such as for things like being overweight), we know how such matters can affect your Commercial Driver License (CDL).

You will lose your CDL for 60 days if you are convicted of two “serious traffic violations” within a 3-year period involving a commercial motor vehicle. The two charges, however, must not arise out of the same incident. Hire a CDL traffic ticket lawyer, like us, to help avoid such a result. You will lose your CDL for 120 days if you are convicted of 3 serious traffic violations within a 3-year period involving a commercial motor vehicle. So there is even more reason to retain a CDL attorney when facing such an outcome.

For a CDL holder, these sanctions apply for serious traffic violations occurring within or without the state (unlike a regular NYS license which can only be assessed points for New York, Quebec, and Ontario offenses but not for offenses occurring in any of the other 49 states). However, our CDL lawyers only fight New York truck tickets. Our CDL attorneys do not appear in other states. 

If you are convicted of a traffic violation outside of New York (except parking), CDL holders are required to report it to the New York DMV within 30 days of being convicted.

Serious Traffic Violations

As experienced CDL lawyers, we know that a “serious traffic violation” is any of the following offenses:

• Speeding 15 or more above the posted limit
• Reckless driving
• Improper or unsafe lane changes
• Tailgating
• Traffic offenses committed in connection with a fatal traffic accident
• Operating a commercial motor vehicle without a CDL

As a CDL attorney, we also know that the loss of a CDL is only for convictions to moving violations while operating a commercial motor vehicle (as opposed to a private or personal vehicle). The only exceptions to this rule are for convictions to the following offenses involving a private car: leaving the scene of an accident, alcohol and drug violations involving your personal vehicle (1-year loss of CDL for first offense and lifetime loss for second offense) and felonies involving a motor vehicle. Of course, other offenses involving a private vehicle do impact upon your regular New York driver license. Contact one of our CDL traffic ticket lawyers to find out if you should fight such other offenses, as we can help with those too.

Reasons To Consult A CDL Traffic Lawyer

Even more serious offenses will result in the loss of your CDL for one year. If you get one of the following serious offenses you should consult with, if not hire, a CDL traffic ticket lawyer:

• Driving a commercial motor vehicle with a blood alcohol level of .04% or higher.
• Driving any vehicle while under the influence of alcohol or a controlled substance
• Refusal to undergo blood alcohol testing
• Leaving the scene of an accident without reporting it
• Committing a felony involving the use of a vehicle
• Operating a commercial motor vehicle while your CDL is revoked, suspended or canceled

You will lose your CDL for 3 years if any of the above occur while you’re transporting hazardous materials (and for life if convicted a second time for any of the offenses above or if you use a commercial motor vehicle to commit a felony involving a controlled substance). Consult with a CDL lawyer for help with such matters.

Examples of Violations

Finally, if a commercial motor vehicle inspection discloses that your truck is unsafe, it will result in your vehicle being taken out of service. A CDL attorney can help with such matters too. Examples of such types of violations are unsafe brakes, steering or coupling violations, and you will lose your CDL if any of the foregoing occur:

• First out-of-service violation (90 days)
• Two out-of-service violations within a 10-year period (one year)
• Three or more out-of-service violations within a 10-year period (3 years or more)

CDL holders are also treated stricter in regard to radar detectors. Drivers of trucks weighing more than 18,000 pounds may not use one. VTL Section 397-a.

As you see, having a CDL comes with more responsibility than a regular drivers license. If you have such a case pending, please contact one of our CDL traffic ticket lawyers via https://www.nytrafficticket.com