Orland Park Commercial Driver's License Defense Lawyer

Tinley Park Motor Vehicle Offenses Attorney Helping CDL Holders Avoid Penalties

Commercial drivers, including long-haul truck drivers and others who operate large vehicles that require special licenses, rely on their ability to drive in order to make a living. When a commercial driver's license (CDL) holder is ticketed for any offense in the State of Illinois, this may affect their ability to continue working and providing financial support for themselves and their family. A person can face severe penalties even if a ticket appears to only be "minor" at first glance. To protect their licenses and avoid penalties that might affect their careers, commercial drivers can take steps to defend against traffic violations with the help of an experienced attorney. At Issa Law, LLC, we can provide effective legal representation to help CDL holders resolve these cases successfully and avoid long-term penalties.

Violations That May Affect a CDL

CDL holders, without regard to which state issued the CDL, face two categories of moving violations when they are issued traffic tickets in Illinois. The first is called a "major moving violation." The second category is called a "serious traffic offense."

Illinois follows federal law with regard to major moving violations. These violations are offenses that lead to an automatic one-year disqualification of a person's ability to operate a commercial motor vehicle (CMV). A second major moving violation would lead to a lifetime revocation of a person's CDL. These penalties apply even if the CDL holder was ticketed for a major moving violation while operating their personal vehicle or a non-commercial motor vehicle.

Under both Illinois and federal law, some of the more common major moving violations include:

• Driving under the influence of alcohol or drugs (DUI)
• Failing to submit to breath, blood, or urine analysis under Illinois' implied consent laws after being arrested for DUI
• Operating a CMV with a blood alcohol content (BAC) of .04 or greater
• Leaving the scene of an accident (hit and run)
• Causing a fatality due to the negligent operation of a CMV
• Committing any felony while operating a motor vehicle
• Driving a CMV with a canceled, revoked, or suspended CDL
• Using a CMV in the commission of offenses related to drug distribution, trafficking, or manufacturing (lifetime disqualification for a first offense)

With regard to serious traffic offenses, there are many types of traffic tickets that can ultimately lead to the disqualification of a CDL. However, unlike major moving violations, (which lead to an automatic disqualification upon conviction) a CDL holder must accrue multiple serious traffic offenses over a specified period of time before their CDL will be disqualified.

CDL disqualification will occur if a person has:

• Two serious traffic offenses in a three year period arising from separate incidents (60 day disqualification)
• Three serious traffic offenses in a three year period arising from separate incidents (120 day disqualification)

The offenses constituting a serious traffic offense in Illinois include, but are not limited to:

• Disregarding a lane control device
• Reckless driving
• Speeding too fast for conditions/failure to reduce speed to avoid an accident
• Speeding 15 miles per hour or more over the speed limit
• Improper passing
• Following too closely (tailgating)

If a person is convicted of a combination of offenses that would lead to the suspension of a non-CDL holder's driving privileges, their CDL will also be disqualified.

Any offense, whether a major moving violation or a serious traffic offense, must result in a conviction before a person's CDL will be disqualified. This illustrates the importance of defending against violations that could potentially lead to the loss of a CDL. Even what may seem like minor traffic violations could result in serious penalties that will affect a person's livelihood. Preventing a conviction can help a person save their CDL and continue driving.

Normally, when a non-CDL holder receives a disposition of court supervision for a traffic offense, this will not constitute a conviction, and they will not have "points" added to their driving record or face a suspension of their driver's license. However, under federal law, a disposition of court supervision does constitute a conviction for CDL holders. Commercial drivers will need to understand the consequences they may face if they are charged with traffic violations and the best steps they can take to resolve these cases.

Contact Our Orland Park CDL Violation Defense Lawyer

It is highly prudent for a commercial driver to hire an attorney who is knowledgeable in the area of moving violations as they impact CDL holders. At Issa Law, LLC, we can negotiate agreements that will allow CDL holders to receive non-moving violations rather than violations that could lead to a disqualification. If need be we can contest moving violations through litigation and work to prevent penalties that could affect a commercial driver's career. Contact our law office at 708-966-2408 for a consultation.