Fighting Against a CDL Violation

 Posted on February 28, 2020 in Traffic Violations

Commercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.

Employer Oversight Resulting in a Violation

There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.

The Federal Motor Carrier Safety Administration (FMCSA) enforces trucking rules and regulations written in Title 49 of Code of Federal Regulations. Many of these regulations have little to do with the driver’s operation of the vehicle, and rather the company’s procedure. For instance, commercial truck drivers are only allowed to operate a vehicle for 14 consecutive hours, and a maximum of 11 hours per day. In many cases, a driver that is sanctioned for violating their hours limit is only doing so due to pressures set by their employer. Similarly, a driver can be sanctioned for driving an overweight truck, but either was misinformed on the weight of the cargo or was pressured by their employer to load additional cargo onto the truck. If a truck’s cargo is improperly or unsafely loaded, the driver could face consequences. In many cases though, the truck driver may have not been present during the time of loading.

Commercial trucking companies are powered by their reputation, negligence on the part of the company can dramatically impact the well-being of their company. Unfortunately, it is common for trucking companies to be unwilling to accept blame for a violation. A CDL violation resulting in a suspension or disqualification can impact a truck driver’s livelihood and future employment opportunities.

Contact a Will County CDL Violations Lawyer

Operating a commercial motor vehicle comes with incredible responsibility, thus a violation can come with severe consequences. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional. Attorney Patricia Magaña has spent years helping CDL holders fight against violations. If your employer was responsible for the violation, she will do everything in her power to protect your rights and driving privileges. To schedule a complimentary initial consultation with a compassionate Naperville criminal defense attorney, call us today at 630-448-2001.

Sources:

https://www.fmcsa.dot.gov/regulations/title49/section/383.51

https://www.fmcsa.dot.gov/regulations/title49/section/383.37