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IL CDL defense lawyerDrivers of commercial vehicles are generally held to a higher standard than most motorists due to the fact that the vehicles they operate are so large and are often used to transport dangerous cargo. For instance, those who drive commercial vehicles must obtain a special license (Commercial Driver’s License), satisfy specific training requirements, and comply with both federal and state regulations. Further, drivers who fail to abide by these rules risk losing their CDL driving privileges either temporarily or permanently, depending on the type of moving violation that they commit. It is possible, however, for drivers to have their CDLs reinstated, so if you were recently convicted of a major or serious moving violation, you should speak with an experienced DuPage County CDL violations defense lawyer who can advise you.

Serious Moving Violations

Commercial vehicle drivers who are convicted of a serious violation will not necessarily have their licenses revoked immediately, although second and third violations will result in disqualification for at least 60 and 120 days respectively. The most common serious violations include:

  • Speeding 15 miles per hour or more above the legal limit
  • Driving recklessly
  • Violating a state or municipal law in connection with a fatal traffic accident
  • Having multiple driver’s licenses
  • Making improper or erratic lane changes or following too closely
  • Driving a commercial vehicle without obtaining a CDL
  • Using a prohibited electronic device while operating a vehicle
  • Texting while driving

A commercial driver who was not driving a commercial vehicle at the time of a violation could still face revocation of his or her CDL, but only if the act would also result in a suspension of the driver’s non-commercial driving privileges.

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IL CDL violation lawyerCommercial truck driving is one of America’s largest and most critical industries. Commercial truck driving is a crucial part of our lives but does come with some inherent risks. Due to the sheer size of commercial trucks, they are more difficult to operate and collisions tend to be increasingly destructive. It should come as no surprise that more than 4,000 people died in commercial trucking accidents throughout 2018 alone. Because of this, law enforcement officials are cracking down on commercial truck driving negligence. If you have been cited for a CDL violation, it is time to seek out a knowledgeable defense attorney.

Most Common Forms of Truck Driver Negligence

When a truck driver is cited for a CDL violation, it is critically important to act quickly. In the United States, the most common CDL violations include drinking and driving, speeding, recklessly passing other vehicles, and other forms of reckless driving. It is also important to note that some violations that can result in a CDL violation may not be the fault of the driver. In some instances, a company will improperly load or care for a vehicle leaving the driver with an overloaded or improperly maintained vehicle. Regardless of the reason behind your CDL violation, hiring an attorney you can trust is critically important.

How an Attorney Can Help

If you are charged with a CDL violation, you can face significant fines and suspension or revocation of your CDL. With such a massive impact on your livelihood, you need to hire an experienced attorney to help you fight against the CDL violation. If the violation was the fault of the company, your attorney will work diligently to prove that you had no knowledge of the negligence displayed by your employer. Violations such as driving under the influence and aggravated speeding can also be challenged in court through a number of defense strategies.

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IL defense attorneyEvery year thousands of Illinoisans suffer severe injuries in motor vehicle collisions. Unfortunately, many of these collisions are caused by the negligent actions of a driver. Because of this, law enforcement officials throughout the state are constantly on the lookout for signs of negligent or careless driving. In the state of Illinois, a reckless driving charge can come with serious legal ramifications. If you have been charged with reckless driving, it is time to speak with a knowledgeable legal professional.

What Is Reckless Driving?

Illinois’ reckless driving law is defined under the Illinois Vehicle Code, in statute 625 ILCS 5/11-503. The statute states that reckless driving is the act of willfully disregarding the safety of other travelers. The most common examples of reckless driving in the state of Illinois, including driving over 35 mph over the legal speed limit, recklessly swerving from lane to lane without signaling, and using an incline to become airborne on a roadway. The consequences of a violation of this magnitude should not be understated.

The Legal Consequences

In the state of Illinois, the safety of all travelers is taken incredibly seriously, thus it should come as no surprise that the legal ramifications of a reckless driving conviction can be severe. If convicted a driver will face Class A Misdemeanor charges, possible fines, points against your license, and potentially massive increases on your insurance premiums. It should be noted that if a person is seriously injured due to a driver’s reckless driving, the charges will be elevated from a Misdemeanor to Class 4 Felony charges. While a reckless driving charge will not lead to an immediate license suspension, your license can be suspended if you have two previous violations on your record.

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IL defense lawyerBeing a commercial truck driver can come with some serious potential complications and risks. Commercial truck drivers are asked to drive day and night, through inclement weather, in vehicles that can weigh up to 30 times as much as standard motor vehicle collisions. Recognizing the inherent risks of commercial truck driving, it should come as no surprise that law enforcement officials are on the lookout for drivers violating commercial trucking laws. Unfortunately, many truck drivers are pressured by their employers to violate these mandates. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional.

Experiencing Employer Pressure and Negligence in the Trucking Industry

While many CDL violations, such as driving under the influence of drugs or alcohol and reckless driving, are directly the fault of the driver, many other violations can be caused by employer negligence or recklessness. Unfortunately, it is not uncommon for commercial trucking companies to pressure their employees into acting negligently, in order to expedite the shipping process. One common example of this is companies asking their drivers to falsify their driving logs in order to drive for more consecutive hours than is legally allowed. Falsifying an electronic driving device can potentially result in a CDL suspension or permanent revocation, as well as possible jail time.

In other instances, employers will overload a vehicle’s cargo. If you are aware of the overweight vehicle and were pressured to avoid weigh-in stations, you should alert your attorney right away. If you were unaware that the vehicle was overweight, your attorney can work to prove that you were not acting in a negligent manner. Other examples of employer negligence include pressuring a driver to drive on high-grade roads that would violate grade restrictions and providing a driver with an improperly maintained vehicle.

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IL defense lawyerEvery single day, hundreds of Illinoisans are ticketed for violating the state’s speed limits. With the sheer number of speeding tickets handed out by law enforcement officials each and every day, many people believe that a speeding violation is not a big deal. In all reality, a speeding violation can result in points against you on your license, and in some cases an automatic suspension or even a criminal charge. If you have received a speeding ticket, it is time to seek out an attorney that will fight for you.

The Impact of a Speeding Ticket

In the state of Illinois, even the most minor of speeding tickets will result in points against your driving record. If you are ticketed for driving less than 10 miles per hour over the speed limit, you will still receive five points against your driving record. As your speeds rise, so does the severity of the ticket. If you receive an aggravated speeding ticket (driving at speeds 26 miles per hour or higher than the legal speed limit), you will be facing misdemeanor charges, possible fines, and potential jail time.

Regardless of the seriousness of the violation, an accumulation of three more traffic violation convictions will result in a driver’s license suspension. The length of the suspension will be dictated by the number of points against the driver’s driving record. For instance, those with over 100 points on their driving record will face a one-year license suspension. It should also be noted that points against your license can almost immediately result in significant rises to your insurance rates

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Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

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