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Posted on in Traffic Violations

IL CDL attorneyA commercial driver’s license (CDL) is not just your license to drive. It is a way to earn an income to support yourself and your family. As a commercial driver, you must follow all of the same traffic laws as other drivers, but you are also regulated by other state and federal laws. It is not surprising then, to have many questions when you are accused of violating these laws. If you carry a CDL, below are some of the most frequently asked questions about CDL violations and the answers to them.

Is Court Supervision Available for CDL Violations?

When non-commercial drivers face traffic violations, court supervision is often a better alternative than a conviction. However, CDL holders should never undergo court supervision. The Illinois Secretary of State treats court supervision for CDL drivers as though it was a conviction, so it will not help you avoid suspension of your CDL or disqualification. Even if you were in your own vehicle at the time of the offense, court supervision will still appear on your public driving record.

When is a CDL Suspended or Disqualified?

Illinois law states that your CDL may be suspended or disqualified when you commit two serious traffic violations in a three-year period or three violations in a three-year period if the convictions for the offense would result in your non-CMV privileges being suspended. If you commit two serious violations within three years, your CMV is disqualified for two months. Three violations within three years will disqualify your license for four months.

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

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