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.
625 ILCS 5/6-507(a)(1)
Driving without a commercial driver’s license in possession
625 ILCS 5/6-526(a)
625 ILCS 5/6-527(a)
625 ILCS 5/11-503
625 ILCS 5/11-601(b)
625 ILCS 5/11-601.5(a)
625 ILCS 5/11-601.5(b)
625 ILCS 5/11-605(a)
625 ILCS 5/11-605(b)
625 ILCS 5/11-605.1
625 ILC 5/11-605.1(a-5)
625 ILCS 5/11-709(b)
625 ILCS 5/11-709(c)
625 ILCS 5/11-709(d)
625 ILCS 5/11-710
625 ILCS 5/12-610.1e
625 ILCS 5/12-610.2b
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:
625 ILCS 5/11-1201(a)
625 ILCS 5/11-1201(a-5)
625 ILCS 5/11-1201(d-1)
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
- 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
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.