Naperville Criminal Defense Attorney

Commercial driver's license (CDL) holders are subjected to more severe penalties when they commit a violation. Conviction of certain offenses can result in the loss of your driving privileges and jeopardize your livelihood. Commercial drivers are held to a higher standard than regular drivers with Class D licenses. For example, if you are operating a commercial vehicle, you can be arrested for DUI with a blood alcohol concentration of just .04, half the legal limit for drivers operating a private vehicle.

CDL disqualifications can be temporary or permanent, depending on the type of violation. CDL violations are divided into four general categories: major offenses, serious traffic violations, railroad-highway grade crossing (RRHGC) violations, and out-of-service order violations. Some common offenses commercial drivers are cited for include overweight trucks and log book violations. Truck drivers can now be cited for a log book violation if they are not using an approved electronic logging device to track their driving activity.

Illinois drivers who have their licenses suspended or revoked need to attend a hearing with the Secretary of State's office to have their license reinstated or obtain a restricted driving permit (RDP). If a driver's license is obtained fraudulently, the applicant must also appear at a Secretary of State (SOS) hearing as part of a fraud investigation to verify their true identity. This situation is especially common among the immigrant community.

There are two types of SOS hearings: informal and formal. Most drivers who commit traffic violations that lead to the loss of their driving privileges can petition to reinstate their license through an informal hearing. Major violations such as multiple DUIs and reckless driving may require a formal hearing. If it is a fraud investigation, the applicant is typically required to appear in person for a Secretary of State police interview.