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IL defense lawyerIn Illinois, commercial drivers are held to a higher standard than most motorists. Similarly, commercial driver’s license (CDL) holders are also subject to more severe penalties when charged with a traffic violation, or when accused of driving under the influence. These penalties are notoriously harsh, so if you were recently arrested for driving under the influence in Illinois, it is important to speak with an Aurora CDL violations defense lawyer about your legal options as soon as possible.

Suspension of CDL Privileges

DUI cases in Illinois can be broken down into two separate phases: the Statutory Summary Suspension of a person’s license and the criminal proceedings for driving under the influence. Either one of these stages of a DUI case can impact a person’s CDL driving privileges. For instance, the Secretary of State imposes a minimum one-year disqualification of all CDL driving privileges if a driver submits to and fails a BAC test, or refuses testing altogether. The same penalty can be imposed on those who are actually found guilty of, or who plead guilty to, a criminal DUI charge, regardless of whether the judge convicted the defendant or ordered court supervision.

This is because an order of court supervision, which prevents license consequences for those with regular driving privileges, still results in a one-year disqualification for CDL holders. In fact, if a person receives a second DUI that results in a Statutory Summary Suspension or a finding of guilt, he or she will be disqualified from holding a CDL for life.

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Posted on in DUI

IL CDL defense lawyerDriving a commercial vehicle is a difficult endeavor and requires specialized training and licensing. Furthermore, once granted a Commercial Driver’s License (CDL), those who drive commercial vehicles are also held to a higher standard than other motorists, so what would amount to a relatively minor traffic violation for a regular driver, could represent a serious offense for a CDL holder. The penalties for violating a CDL provision also tend to be severe, so if you drive a commercial vehicle and your CDL has been suspended, you should call a dedicated Will County CDL violations defense lawyer who can help protect your legal interests.

Legal BAC Limits

Under Illinois law, a driver is considered to have been driving under the influence if he or she has a blood alcohol concentration (BAC) of .08 percent or more. The illegal BAC limit for CDL holders, however, is much lower, at .04 percent. Any commercial drivers who are found to have any alcohol in their system whatsoever, no matter how small the amount, will automatically be placed out of service for at least a day.

The Illinois Secretary of State imposes a penalty of a one-year disqualification of a driver’s CDL privileges if:

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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 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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Posted on in Traffic Violations

Il defense lawyerCommercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.

Employer Oversight Resulting in a Violation

There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.

The Federal Motor Carrier Safety Administration (FMCSA) enforces trucking rules and regulations written in Title 49 of Code of Federal Regulations. Many of these regulations have little to do with the driver’s operation of the vehicle, and rather the company’s procedure. For instance, commercial truck drivers are only allowed to operate a vehicle for 14 consecutive hours, and a maximum of 11 hours per day. In many cases, a driver that is sanctioned for violating their hours limit is only doing so due to pressures set by their employer. Similarly, a driver can be sanctioned for driving an overweight truck, but either was misinformed on the weight of the cargo or was pressured by their employer to load additional cargo onto the truck. If a truck’s cargo is improperly or unsafely loaded, the driver could face consequences. In many cases though, the truck driver may have not been present during the time of loading.

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