CDL Violations & Ticket Defense Attorneys
While commercial drivers share the roads with other drivers, receiving a citation for a traffic violation has more severe consequences for commercial drivers. This is because commercial drivers hold a commercial driver license (CDL) which certifies a driver has the experience, knowledge, physical ability, and skill to safely operate a commercial vehicle. Additionally, many companies who employ commercial drivers expect a clean driving record and may suspend or terminate a driver who fails to keep their record spotless.
Since a traffic violation can quickly affect a commercial driver’s ability to perform his or her job, it’s important to contact the experienced trucker ticket attorneys with 911 Biker Law immediately. Our law firm has helped many clients successfully protect their commercial driving privilege — contact our law firm today.
CDL Disqualification In Florida
A driver can be disqualified from holding a CDL if they either commit or admit guilt for one of three categories of offenses. Any disqualification could immediately put a commercial driver’s job in jeopardy, making it imperative you contact the CDL attorneys with 911 Biker Law.
- Leaving the scene of an accident;
- Committing a felony when a motor vehicle was involved;
- Driving a commercial vehicle with a revoked or suspended license;
- Driving under the influence of alcohol and/or drugs;
- Refusal to submit to a blood or breath alcohol test; and
- A conviction for an alcohol-related traffic offense.
If a conviction of a major offense is the first violation for a commercial driver, the penalty is a one-year CDL disqualification. The penalty for a second violation generally is a lifetime CDL disqualification.
Serious Traffic Violations
- Operating a commercial vehicle without a valid CDL;
- Not having possession of one’s CDL, such as not in a pocket or wallet;
- Improper lane change;
- Any conviction for a violation involving a fatality;
- Incorrect CDL class or endorsement;
- Reckless driving; and
- Driving at least 15 MPH over the posted speed limit.
The penalty for a first violation is generally a verbal or written warning from law enforcement whereas a second violation carries a 60-day disqualification if both occurred within a three-year timeframe. A third violation carries a 120-day disqualification.
Railroad-Highway Grade Crossing Violations
Generally, a commercial driver may be cited for a railroad-highway grade crossing violation if the driver fails to:
- Slow or stop for a railroad crossing;
- Obey a traffic control device, such as a crossing arm; and/or
- Make sure the vehicle undercarriage has the appropriate clearance.
A first violation carries a 60-day disqualification while a driver may be disqualified for 120-days if both violations occurred within a three-year timeframe. A one-year disqualification is the penalty for a third violation within three years.
CDL drivers can be restricted from certain roadways or stretches of road due to the grade — for their safety and the safety of other motorists. Failure to observe grade restrictions can include a license suspension for up to 60 days with a first offense.
Each driver is required to have a logbook reflecting the correct number of hours driven. Altering an existing logbook or not keeping one is punishable by federal penalties, including up to six months in jail.
Any driver hauling an oversize load must have a specific permit for the weight. Permits are issued annually or on a per-trip basis and are not transferable between vehicles.
What To Do For A CDL Ticket
If you receive a citation for a traffic or commercial driving-specific violation, unfortunately, there are fewer options for commercial drivers. Unlike drivers of passenger vehicles, commercial drivers don’t have the option of attending a state-approved driving school to avoid points on their driving record. Should a commercial driver choose to attend a driving school, it’s considered an admission of guilt and points will be assessed.
Yet, an attorney skilled in traffic ticket defense for truck drivers can help. The vehicular crimes defense attorneys at 911 Biker Law delve into the details of the situation and fight to protect your right to hold a CDL and continue with your livelihood.