In addition to the standard reasons for license suspension and revocation, commercial drivers have the following concerns.
Serious moving violations
The following traffic tickets are considered serious moving violations for commercial drivers. A commercial driver will lose CDL privileges for at least 60 days if convicted of two serious traffic violations in three years (involving a commercial vehicle) and lose CDL privileges for at least 120 days if convicted of three serious violations in three years (involving a commercial vehicle). Serious traffic violations include:
- Excessive speeding (15 mph or more above the posted limit)
- Reckless driving
- Improper or erratic lane changes
- Following a vehicle too closely
- Traffic offenses committed in a CMV in connection with fatal traffic accidents
- Operating a CMV without first obtaining a CDL
- Operating a CMV without a CDL in the driver’s possession
- Operating a CMV without the proper class of CDL and/or endorsement for the specific vehicle
Other violations and criminal acts
Commercial Drivers should also be aware of other violations and criminal acts which potentially have a more severe effect on a CDL than a non-CDL.
- It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.
- You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.
You will lose your CDL for at least one year for a first offense for:
- Driving a CMV if your blood alcohol concentration is .04% or higher.
- Driving any vehicle under the influence of alcohol.
- Driving any vehicle while under the influence of a controlled substance.
- Refusing to undergo blood alcohol testing.
- Leaving the scene of an accident without reporting.
- Committing a felony involving the use of a vehicle.
- Operating a CMV while your CDL is revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV, or if convicted for causing a fatality through negligent operation of a CMV, including, but not limited to crimes of vehicular manslaughter or criminally negligent homicide.
- You will lose your CDL for life if convicted a second time for any of the offenses listed above.
- You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.
It is imperative if you drive a commercial motor vehicle that you consult with an attorney who fully understands the unique, serious and career-threatening consequences that you are facing.
FREE CASE EVALUATION
We have organized a statewide network of attorneys. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for other firms that regularly provide of-counsel representation to our clients. This statewide network allows us to match clients in a particular county or court with local attorneys who regularly appear on similar matters in the same county or court. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low.
We can only guarantee that we will provide the best possible client service and legal representation. We can’t guarantee results. These are legal proceedings and we can’t promise you that every case will end in our favor. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. We’ll discuss our goals and objectives but no attorney can ever guarantee how a case will conclude.
We recommend fighting almost all tickets. Even if the current NY traffic tickets aren’t particularly harmful, you have an incentive to keep your record clean for the future. Convictions quickly lead to surcharges, insurance increases and other complications. You should strongly consider any decision to pay a ticket without fighting.
Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket.