CDL Moving Violations in Illinois

 Posted on October 30,2020 in Traffic Violations

Drivers 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.

Major Moving Violations

Major violations are considered more severe than serious violations and so result in the automatic revocation of a driver’s CDL for at least a year. A second major violation, on the other hand, results in a lifetime disqualification, although in certain cases, it is possible to obtain reinstatement. The most commonly committed major violations include:

• Refusing to submit to or complete a Blood Alcohol Concentration (BAC) test
• Operating a commercial vehicle with a BAC of at least .04
• Being under the influence of a controlled substance or alcohol while operating a commercial vehicle
• Using a commercial vehicle to commit a felony
• Using a commercial vehicle to manufacture, distribute, or dispense a controlled substance
• Unlawfully leaving the scene of an accident
• Driving a commercial vehicle with a revoked, suspended, or canceled CDL
• Causing a fatality through the negligent operation of a commercial vehicle

A driver whose CDL has been disqualified for more than ten years could be eligible for the reinstatement of his or her licenses even after committing a major violation, but only if he or she can satisfy certain eligibility requirements.

Set Up a Consultation with a DuPage County CDL Violations Defense Lawyer

If you have been accused of committing a serious or major CDL violation, please reach out to experienced Naperville CDL violations defense attorney Patricia Magana at the Law Office of Patricia Magana, LLC for help. You can reach a member of our legal team by calling 630-448-2001 or via online message.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf