The Possible Consequences of a Commercial Driver’s License Violation in Illinois

 Posted on July 18, 2019 in Criminal Defense

In Illinois, there are three types of driver’s licenses: commercial driver’s license; chauffeur’s license; and personal vehicle driver’s license. To drive certain types of commercial vehicles, drivers are required by federal law to possess a commercial driver’s license (CDL). Commercial driver’s licenses are categorized as Class A, B, and C licenses depending on the weight of the vehicle and its load.

A commercial motor vehicle (CMV) driver must follow certain rules and regulations to maintain his or her CDL license. CDL violations carry significant penalties and can result in a loss of driving privileges.  

Types of CDL Violations

Certain traffic violations involving a commercial motor vehicle (CMV) as well as a driver’s personal vehicle can affect the eligibility to operate a CMV. Some of the offenses that warrant a CDL violation and possible suspension include:

• Driving under the influence of alcohol as defined by state law, or refusing testing;
• Driving under the influence of a controlled substance;
• Leaving the scene of an accident involving a commercial motor vehicle;
• Using a vehicle to commit a felony;
• Using a vehicle during a felony involving the manufacture, distribution, or dispensing of a controlled substance;
• Failing to stop at a railroad grade crossing;
• Speeding more than 15 mph over the limit;
• Texting while driving; and
• Overweight truck.

Penalties for CDL Violations

According to Illinois law, a driver is disqualified from operating a CMV if he or she commits two serious traffic violations within three years or commits three such violations within three years. In addition, a motorist can be disqualified from operating a CMV due to infractions while driving his or her personal vehicle, or a non-CMV, that would lead to loss of driving privileges for his or her regular license. Offenses such as DUI and using a vehicle to commit a felony can result in more serious penalties, such as jail time and/or hefty fines. 

Possible Defenses for CDL Violations

There are options to defend against a CDL traffic violation. A driver can file a motion in an attempt to vacate previous convictions. Supervision may be possible depending on a variety of factors, such as the age of the ticket, severity of the offense, courthouse where the ticket is assigned, and if a driver has made prior appearances in court for the same violation. In some situations, it is possible to amend or reduce the original traffic ticket. The arresting officer could have neglected to follow proper procedures during the stop. If appropriate, a case may go to trial. In most cases, professional drivers are held to a higher standard and may be treated differently than average motorists are in court. This is why it is important to seek legal advice to understand the Illinois court proceedings and laws to achieve the best possible outcome.

Contact a Joliet CDL Violation Defense Attorney

If you are a truck driver and are charged with a CDL traffic violation, the consequences can be serious. The penalties can include revocation of your license, which can affect your livelihood if you drive for a living. A dedicated Will County CDL defense lawyer will review the details of your case and help you fight the traffic ticket in order to keep it off your record and protect your license. The law firm of McNamara, Phelan, McSteen, LLC has handled many CDL violation cases with positive outcomes. Contact us today at 815-727-0100 to schedule a free consultation. 

Sources:

https://drivinglaws.aaa.com/tag/types-of-drivers-licenses/

https://www.idrivesafely.com/dmv/illinois/commerical-drivers-license/

https://www.cyberdriveillinois.com/departments/drivers/drivers_license/CDL/cdl.html

https://www.worktruckonline.com/146008/have-traffic-violations-disqualified-your-cdl-drivers