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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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IL traffic lawyerIf you have been arrested for a serious crime, it is important to understand the way in which a conviction could ultimately impact your life. Not only do most convictions come with significant fines, potential loss of driving privileges, and even possible jail-time, but the longer-term ramifications of a conviction should not be understated. Having even a misdemeanor charge on your criminal record can drastically alter your ability to find employment, get loan approval, and secure housing opportunities. If you and your family are suffering due to the lingering ramifications of a criminal conviction, it is time to speak with a skilled attorney regarding the possibility of obtaining expungement or having your criminal records sealed.

What Is Expungement?

Due to the fact that criminal records are public knowledge, a prior arrest can hamper the well-being of yourself and your family. A college admissions board, a potential landlord, or a loan expert could all gain access to your criminal record and let your prior court proceedings impact their decision-making process. Because of this, many people seek to have charges erased from their criminal record or sealed from public view, this process is known as expungement.

It should be noted, that expungement is not always possible. In order to be eligible for expungement, one must have completed court supervision or probation period. Unfortunately, even in some cases in which issues with the initial conviction lead to an acquittal or no charges being filed there can still be a mark placed on your criminal record, fortunately, those clients are likely eligible for expungement. If you work with your attorney to challenge the initial conviction in your case and successfully appeal, you still may need to have the charges expunged from your record. It should be noted, that some crimes, including driving under the influence or committing sexual crimes towards a minor, are not eligible for expungement.

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

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