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Consequences of Serious Traffic Violations for CDL Holders

Illinois CDL holders face the disqualification of their commercial driving privileges if they are found guilty or plead guilty to two “serious traffic violations” within any three year period. A CDL disqualification is essentially the suspension of your CDL privileges. Under most scenarios, you may still use your regular driving privileges during a disqualification. While most traffic tickets can have an impact on your employment, insurance rates and driving record, only serious traffic violations count toward a disqualification of your CDL.

The Secretary of State will impose a minimum 60 day disqualification if you receive two serious traffic violations in a three year period. A minimum 120 day disqualification will be imposed for four serious violations in a three year period. A sentence of court supervision will not prevent the ticket from counting against your CDL.

The Illinois Secretary of State classifies certain traffic offenses as “serious traffic violations'' if committed in a commercial motor vehicle (“CMV”). Therefore, the following offenses count toward a CDL disqualification. The below list is not exhaustive, these are some of the more common serious violations.

Illinois LawViolation

625 ILCS 5/6-507(a)(1)

Driving without a commercial driver’s license in possession

625 ILCS 5/6-526(a)

Texting while driving a commercial motor vehicle

625 ILCS 5/6-527(a)

Using a hand held mobile phone while driving a commercial motor vehicle

625 ILCS 5/11-503

Reckless driving

625 ILCS 5/11-601(b)

Speeding 15-25 MPH above the limit

625 ILCS 5/11-601.5(a)

Aggravated Speeding 26-34 MPH above the limit

625 ILCS 5/11-601.5(b)

Aggravated Speeding 35 MPH or more above the limit

625 ILCS 5/11-605(a)

Exceeding the maximum speed limit in a school zone

625 ILCS 5/11-605(b)

Exceeding the maximum speed limit through a highway construction or maintenance zone

625 ILCS 5/11-605.1

Exceeding the maximum speed limit in a construction zone when workers are present

625 ILC 5/11-605.1(a-5)

Exceeding the maximum speed limit in a construction zone when workers are not present

625 ILCS 5/11-709(b)

Improper center lane usage

625 ILCS 5/11-709(c)

Improper lane usage

625 ILCS 5/11-709(d)

Improper lane usage

625 ILCS 5/11-710

Following too closely

625 ILCS 5/12-610.1e

Using a wireless phone in a school or construction zone or within 500 feet of an emergency scene

625 ILCS 5/12-610.2b

Using an electronic communications device

Consequences of Railroad Crossing Offenses for CDL Holders

Railroad Crossing Violations will cause an automatic CDL disqualification for no less than 2 months for a first violation if committed in a commercial motor vehicle. The offenses include the following:

Illinois LawViolation

625 ILCS 5/11-1201(a)

For drivers who are not always required to stop, failing to stop before reaching the railroad crossing, if tracks are not clear

625 ILCS 5/11-1201(a-5)

For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of approaching train or railroad track equipment

625 ILCS 5/11-1201(d-1)

For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance

Consequences of Major Traffic Violations for CDL Holders

The Secretary of State will impose a one-year disqualification of your CDL privileges if you are convicted of a “major disqualifying offense'' whether it occurs in your commercial motor vehicle or non-commercial vehicle. In other words, the penalty is the same even if you were driving your personal car at the time of the offense, unless specified otherwise below. A second conviction for a major disqualifying offense will result in a lifetime CDL disqualification.

  • Operating any vehicle with a BAC at or above .08
  • Operating a CMV with a BAC at or above .04
  • DUI
  • Refusing to take a breath test
  • Leaving the Scene of an Accident
  • A felony offense involving a motor vehicle
  • Negligent operation of a CMV resulting in a fatality
  • Driving a CMV when your license is revoked, suspended, disqualified or cancelled as a result of prior violations committed while operating a CMV
Consequences of Out-of-Service Order Violations

If you violate a driver or vehicle out-of-service order, you face a 180-day disqualification for a first offense. However, you face a one-year disqualification if the violation occurred while operating a vehicle designed to transport 16 or more passengers, including the driver, or while transporting hazardous materials. Any additional out-of-service order violations within a 10-year period will result in longer periods of CDL disqualification.

CDL Traffic Attorneys

The traffic lawyers at The Davis Law Group, P.C. have successfully represented thousands of CDL holders. We understand that your driving privileges are your livelihood. We regularly help truck drivers and trucking companies throughout the Chicago area including Cook County, Lake County and DuPage County. Feel free to contact us for a free consultation by submitting your information via the contact form on this page or by calling us at (847) 390-8500.

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I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best. M.M.
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