Drivers holding a commercial driver’s license (CDL) in Illinois are subject to more severe driver's license consequences than standard operators. Because traffic tickets issued to CDL holders must be handled delicately, hiring a qualified traffic attorney is highly recommended. Mailing in payment for your traffic citation can be a costly mistake, as it will typically result in the entry of a conviction on your driving record. Convictions on certain driving offenses can jeopardize your CDL, resulting in temporary or even permanent disqualification.
In addition, while Court Supervision may be a satisfactory sentence for a standard operator, it is not acceptable for a CDL holder in Illinois. With regard to various traffic violations, the Illinois Secretary of State considers a sentence of Court Supervision the same as a conviction. In other words, Court Supervision will not prevent the disqualification of your CDL.
A driver is disqualified from operating a Commercial Motor Vehicle (CMV) if while driving a CMV they either commit two “serious traffic violations” within a three-year period or commit three such violations within a three-year period. A driver is disqualified from operating a CMV if while driving a non-CMV they either commit two serious traffic violations within a three-year period or commit three such violations within a three-year period IF the convictions would result in the suspension or revocation of the CDL holder’s non-CMV privileges. Two serious violations within three years will lead to a minimum two-month disqualification while three violations within the same period will result in a minimum four-month disqualification.
Serious traffic violations include exceeding the speed limit by 15 mph or more, reckless driving, various lane change violations (i.e. improper lane usage and improper passing), texting while driving/using a cell phone while driving, and following too closely. Major disqualifying offenses include DUI or the refusal to submit to a breath-alcohol test in either a CMV or non-commercial vehicle, driving a CMV with a BAC of .04 or greater, leaving the scene of an accident in any vehicle, driving a CMV with a revoked or canceled CDL, or while otherwise disqualified from driving a CMV. In fact, a second conviction of a major disqualifying offense will result in a lifetime CDL disqualification.
We also represents CDL drivers who wish to clear traffic offenses from their record. While traffic offenses do not qualify for expungement or sealing, there may be other options. Vacating prior convictions and supervisions may be possible depending on a variety of factors. Our office can review your MVR and determine if we may be able to help.
The defense attorneys at the Law Offices of Davis & LaScola handle traffic citations throughout Cook, Lake, DuPage, Kane, McHenry and Will Counties. We understand the constantly changing landscape of Illinois law and our office will aggressively defend your CDL. Oftentimes, we will work to secure an amendment to the original charge or take your case to trial where appropriate. Regardless of the circumstances, it is extremely important for CDL drivers to consult an experienced traffic attorney for assistance. Feel free to contact us directly or by using the form on this page.