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When Can Traffic Violations Lead to the Loss of a CDL?

 Posted on May 10, 2022 in Traffic Tickets

IL defense lawyerDrivers of commercial vehicles, including long-haul trucks, delivery vehicles, and other vehicles driven for work-related purposes, put significant time and effort into obtaining a commercial driver’s license (CDL). Since this type of license is a requirement for certain occupations, the loss of a CDL may affect a person’s ability to continue earning an income, and it could cause significant financial difficulties for them and their families. Because of this, drivers will need to be aware of CDL violations that could affect them, and they will want to respond promptly to traffic tickets or other issues that could affect their careers.

CDL Disqualifications for Traffic Offenses

Certain types of offenses are considered to be “major violations” that will result in the automatic disqualification of a CDL. DUI is one of the most common of these offenses. When driving a commercial vehicle, a person will be considered to be intoxicated if they have a blood alcohol content (BAC) of .04 percent or higher or if they are under the influence of controlled substances. However, a commercial driver may also lose their CDL if they are convicted of drunk or intoxicated driving in a non-commercial vehicle.

Other offenses that are considered major violations include leaving the scene of an accident while driving a commercial or non-commercial vehicle, committing a felony while operating a vehicle, or committing vehicular homicide while driving a commercial vehicle. In most cases, a person’s first major violation will result in the disqualification of their CDL for one year, and a second major violation will result in a lifetime disqualification. However, if a person uses a vehicle to commit felony drug crimes related to manufacturing or distributing controlled substances, they will face a lifetime disqualification for a first offense.

Other types of traffic-related offenses are considered to be “serious violations,” including:

  • Speeding at least 15 miles per hour above the speed limit
  • Reckless driving, which may include any cases in which a person operates a vehicle while exhibiting a willful and wanton disregard for the safety of others
  • Tailgating
  • Illegal lane changes
  • Violations related to disobeying traffic control devices, such as running red lights or stop signs, that are issued in connection with a fatal motor vehicle accident

The first time a person is convicted of a serious violation, their CDL will not be affected. However, a second serious violation that occurs within three years will result in a two-month CDL disqualification, and a four-month disqualification will apply for a third offense within three years of the first offense.

Contact Our Chicago CDL Violation Defense Attorneys

To learn how Luisi Legal Group can help you protect your commercial driver’s license, contact our Cook County traffic violation defense lawyers at 773-276-5541. We will work to help you defend against any violations that you may face, and we will help you take steps to protect against a CDL disqualification.

Sources:

https://www.fmcsa.dot.gov/registration/commercial-drivers-license/states#Disqualifications

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-514

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