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Offenses that Can Result in the Loss of Your Illinois CDL

 Posted on October 29,2018 in Traffic Violations

DuPage County CDL violation lawyerIndividuals who hold a commercial driver’s license (CDL) are often held to a higher standard on the road - and for good reason. Most of the time, commercial motor vehicles (CMVs) are very large and can do a lot more damage to property and other vehicles when they are involved in a collision. This is why there are certain actions that can result in the disqualification of a CDL. Some of these actions are illegal no matter what type of license that a driver holds, but many are also specific to CMVs. 

Losing a CDL can affect you differently than losing your personal driver’s license. If you have made a career out of operating a CMV, your job and finances could suffer greatly if you are disqualified from holding a CDL. The Federal Motor Carrier Safety Administration (FMCSA) has developed guidelines for how CDL violations are categorized and how they are punished.

Major Offenses

Certain offenses are more serious than others, and major offenses typically have the most serious penalties, with first time offenders receiving a one-year disqualification. Major offenses include:

  • Operating a motor vehicle while under the influence of alcohol or intoxicating drugs.
  • DUI with a BAC of .04 or more while operating a CMV.
  • Refusing to take a chemical BAC test.
  • Leaving the scene of an auto accident.
  • Using a CMV or other vehicle to commit a felony.
  • Causing death to another because of negligent or criminal operation of a CMV.
  • Driving a CMV with a disqualified CDL.

Serious Traffic Violations

Committing a serious traffic violation typically results in a 60-day disqualification of a CDL. Serious violations include offenses such as:

  • Excessive speeding.
  • Reckless driving.
  • Changing lanes in an Improper or erratic manner.
  • Following too closely (tailgating).
  • Driving a CMV without a CDL, or without a CDL in the driver’s physical possession.
  • Driving a CMV with improper classes or endorsements on the CDL.
  • Using a cell phone or electronic device while driving.

Railroad-Highway Grade Crossing Offenses

Any offense involving taking improper actions during a railroad crossing results in a CDL disqualification for no less than 60 days for a first offense. Railroad-highway grade crossing offenses include:

  • Failing to slow down to check if the tracks are clear before crossing.
  • Failing to stop before reaching the crossing if the tracks are not clear.
  • Failing to stop before driving onto the crossing.
  • Failing to wait until sufficient space is available to prevent stopping on the tracks.
  • Failing to obey a traffic control device.

Are You Facing a CDL Disqualification?

If you are charged with any of these offenses, you could potentially be looking at increased insurance rates, an inability to work, or, in serious cases, a CDL disqualification for life. Before any of that happens to you, you should get in touch with a Will County CDL violations lawyer. The Law Office of Patricia Magana, LLC can help you receive the most favorable outcome and keep you on the road. Call our office at 630-448-2001 to set up a free consultation. Se Habla Español.






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