FAQs About CDL Violations

 Posted on April 16, 2021 in Traffic Violations

A commercial driver’s license (CDL) is not just your license to drive. It is a way to earn an income to support yourself and your family. As a commercial driver, you must follow all of the same traffic laws as other drivers, but you are also regulated by other state and federal laws. It is not surprising then, to have many questions when you are accused of violating these laws. If you carry a CDL, below are some of the most frequently asked questions about CDL violations and the answers to them.

Is Court Supervision Available for CDL Violations?

When non-commercial drivers face traffic violations, court supervision is often a better alternative than a conviction. However, CDL holders should never undergo court supervision. The Illinois Secretary of State treats court supervision for CDL drivers as though it was a conviction, so it will not help you avoid suspension of your CDL or disqualification. Even if you were in your own vehicle at the time of the offense, court supervision will still appear on your public driving record.

When is a CDL Suspended or Disqualified?

Illinois law states that your CDL may be suspended or disqualified when you commit two serious traffic violations in a three-year period or three violations in a three-year period if the convictions for the offense would result in your non-CMV privileges being suspended. If you commit two serious violations within three years, your CMV is disqualified for two months. Three violations within three years will disqualify your license for four months.

What is Considered a Serious Traffic Violation?

A number of traffic violations are considered serious. They include:

• Speeding 15 miles per hour or more over the speed limit
• Various lane change violations, such as improper passing and improper lane usage
• Texting while driving
• Following too closely
• Reckless driving

Major offenses that also disqualify a CDL include driving under the influence or refusing to submit to a breath test, regardless of the type of vehicle being driven at the time. A conviction for a second offense can result in a lifetime disqualification of a CDL.

Can I Remove Traffic Tickets from My Driving Record?

If you have minor traffic violations on your driving record, it is not possible to expunge or seal them. Still, you may have other options. It may be possible to file a motion and attempt to vacate prior convictions and supervisions depending on the type of offense, how long ago the ticket was issued, and whether you appeared in court for the violation. It is important to work with a CDL traffic ticket lawyer when trying to remove these tickets from your driving record.

When Should I Work with an Illinois CDL Traffic Ticket Lawyer?

Your CDL is not just a driver’s license. It is your livelihood. Any time you have been accused of violating a traffic law or have been issued a ticket, it is crucial that you speak to a skilled Naperville traffic ticket lawyer. At the Law Office of Patricia Magana, LLC, our Spanish-speaking attorney knows the defenses available that can help you avoid a conviction and retain your CDL. Call us today at 630-448-2001 or contact us online to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+11+Art.+VI&ActID=1815&ChapterID=49&SeqStart=122400000&SeqEnd=123900000