CDL Ticket Lawyer
When it comes to driving behaviors, commercial driver’s license holders, such as truck drivers, face a higher standard. A single speeding ticket can have a detrimental impact on your CDL, and with many traffic offenses, you may risk higher insurance rates and job loss in addition to suspension, disqualification or revocation of your CDL privileges.
The traffic ticket lawyers at The Davis Law Group, P.C., represent CDL holders and trucking companies facing Illinois traffic tickets. Drivers holding a commercial driver’s license are subject to more severe driver's license consequences than regular driver's license holders. Because traffic tickets issued to CDL holders must be handled delicately, hiring a qualified Illinois CDL traffic ticket attorney is strongly recommended.
Simply mailing in payment for your traffic citation or requesting traffic school can be a costly mistake, as it will typically result in the entry of a conviction on your driving record. Instead, speak to an experienced lawyer. Call our office today for a no-obligation consultation.CDL Disqualifications
If you have a CDL and receive a traffic ticket in Illinois, the consequences will vary depending on the nature and severity of the offense. Offenses classified as ‘serious’ violations will result in disqualification of your CDL privileges if you receive multiple violations within a specific timeframe while ‘major’ violations automatically lead to some level of disqualification for CDL license holders.Serious Violations
In Illinois, the first violation for a serious offense is not grounds for automatic disqualification. However, two serious violations within three years will result in a 60-day disqualification, and three serious violations within three years will result in a 120-day disqualification. Offenses classified as ‘serious’ include:
- Driving a commercial motor vehicle without obtaining a CDL or having it in your possession
- Speeding 15 mph or more above the posted speed limit
- Reckless driving
- Improper lane change / Improper lane usage
- Texting while driving CMV (cell phone offenses)
- Following too closely
The first time you commit a major offense in Illinois, you will be disqualified for one-year. A driver who transports hazardous materials is disqualified for three years for these major offenses. A second major violation results in a lifetime disqualification for all CDL drivers. There are a number of major violations in the state of Illinois, including:
- DUI (driving while impaired by alcohol or a controlled substance)
- Refusal to submit to or failure to complete a breath-alcohol test in either a CMV or non-commercial vehicle
- Driving a commercial motor vehicle with a blood alcohol concentration of .04 or higher
- Leaving the scene of an accident in a CMV or non-commercial vehicle
- Committing a felony while operating a vehicle
- Driving a commercial motor vehicle when your CDL is revoked, suspended (disqualified), or canceled
- Causing death through the negligent operation of a commercial motor vehicle
- An automatic lifetime CDL disqualification will be imposed for using a commercial or non-commercial vehicle to commit a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance.
For the first violation involving a railroad-highway grade crossing, a CDL disqualification of 60 days is imposed. If a second violation occurs within three years, the disqualification is 120 days. A third violation within three years results in a one-year disqualification of your CDL.
Illinois RRHGC violations include:
- No requirement to always stop, but you don’t slow down and check the tracks before crossing
- No requirement to always stop, but you don’t stop before reaching the crossing when the track is not clear
- Legal requirement to always stop, but you don’t stop before driving onto the crossing
- Insufficient space to drive through the crossing without stopping
- The failure to obey a traffic control device or official directions at an RRHGC
- Not negotiating a crossing due to insufficient undercarriage clearance
A first conviction for the violation of an out-of-service order will result in a 6-month CDL disqualification. A 1-year disqualification will be imposed for a first conviction if the vehicle was designed to transport 16 or more passengers or hazardous materials. A second conviction within a 10-year period will result in a 2-year disqualification, or a 3-year disqualification will be imposed if the commercial vehicle was designed to transport 16 or more passengers or hazmat. A third conviction within a 10-year period will result in a 3-year disqualification, or 5-year disqualification will be imposed if the commercial vehicle was designed to transport 16 or more passengers or hazmat.Other CDL Violations
In addition to the violations listed above, commercial drivers must also be aware that there are other legal requirements that they must follow. Using your commercial vehicle in the following ways can result in penalties:
- Unauthorized carriage of oversize loads
- Overweight vehicle violations
- Overlength vehicle violations
- Logbook violations
- Driving on a road where not permitted due to grade
If you are ticketed for any of these violations in the state of Illinois, contact our CDL ticket lawyers to discuss your case.Fighting a CDL Ticket in Illinois
When you receive a ticket while operating a commercial vehicle or even your personal vehicle, what you do next can have long-term consequences for your career. Before paying any fines, you should contact a CDL ticket lawyer. By fighting to keep your driving record clean, a Chicago CDL traffic ticket lawyer can help you protect your license and your future.
An experienced CDL traffic lawyer can often reduce or even get your CDL ticket dismissed. The Davis Law Group, P.C. has years of experience representing drivers with traffic tickets in Illinois, especially those relating to commercial vehicles. We frequently represent truck drivers from across the country who received a traffic ticket traveling through Illinois. We will work closely with you to determine your best course of action based on the specific charges you face. Our CDL ticket lawyers can assist with CDL violations including, but not limited to:
- Driving without a CDL or with a suspended CDL
- Traffic Accident Tickets
- Failure to Reduce Speed to Avoid an Accident
- Following to Closely
- Driving too Fast for Conditions
- Improper Lane Usage
- Reckless driving
- Railroad crossings violations
We can help you find workable solutions to avoid a long-term suspension of your commercial driver's license. We will do everything in our power to protect your legal rights and your CDL. As soon as you receive a ticket, call our office to get started on your strategic defense.CDL Ticket FAQS
While court supervision may be a favorable sentence for the average driver in Illinois, it’s not a good option for a CDL holder. For most traffic violations, the Illinois Secretary of State will treat a sentence of court supervision as if it were a conviction. In other words, court supervision will not necessarily prevent the disqualification or suspension of your CDL. In fact, court supervision will not prevent the ticket from appearing on your public driving record even if you were in your personal vehicle at the time of the offense.
Under Illinois law, a CDL 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.
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. If you are in this situation, don't hesitate to contact our Illinois CDL traffic ticket lawyers for assistance.What If I’m Not Driving a Commercial Motor Vehicle When I’m Ticketed?
It can still affect your CDL. You are disqualified from operating a commercial motor vehicle if, while driving a regular (non-commercial) vehicle, you commit two or three serious traffic violations within a three-year period IF those convictions would have revoked or suspended your regular driving privileges. Regardless, tickets issued while driving in your personal vehicle will still appear on your driving record and may impact your employment and/or insurance. If you are in this situation, don't hesitate to contact our Illinois CDL traffic ticket lawyers for assistance.
Our CDL defense attorneys also represent commercial drivers attempting to clear traffic offenses from their driving record. While minor traffic offenses do not qualify for expungement or sealing, there may be other options.
Filing a motion and attempting to vacate prior convictions and supervisions may be possible depending on a variety of factors including the age of the ticket, nature of offense, courthouse where the ticket is assigned and whether you previously appeared in court on the violation. Our office can review your MVR and provide guidance on your available options.
The defense attorneys at The Davis Law Group, P.C. represent commercial truck drivers and trucking companies from across the country on a wide variety of traffic violations throughout Illinois and Chicago including Cook County, Lake County, DuPage County, Kane County, McHenry County and Will County.
From DUI charges to overweight truck violations, we understand the constantly changing landscape of Illinois law and our office will aggressively defend your driver's license and record. Oftentimes, we will work to secure an amendment or reduction to the original traffic ticket or take your case to trial where appropriate. Regardless of the circumstances, it is extremely important for CDL drivers to consult with an experienced traffic ticket attorney for assistance.
When your livelihood is on the line, there is no such thing as a ‘minor’ ticket. Instead of paying and hoping for the best, call a team of Chicago CDL lawyers who know what’s at stake for you and will do what it takes to get results.
Our dedicated and professional traffic attorneys are ready to help. We understand that you spend a lot of time on the road, so the majority of consultations can be done right over the phone. We also have offices in northern Cook County, the City of Chicago as well as Lake County. Feel free to submit your information through our website or call us today at (847) 512-3868 to discuss your case. Contact us today so we can put our vast experience to work for you.