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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 defense lawyerMotorists tend to associate driver’s license suspensions and revocations with drunk driving offenses, and it does seem logical that such a harsh penalty would result from a serious traffic violation. However, the Illinois Secretary of State (IL-SOS) provides for many other ways you might lose your driving privileges. Generally, when you get a traffic citation, points are added to your driving record. If you reach a certain level, IL-SOS will suspend your driver’s license for a number of months that corresponds to the total points you accumulated.

Still, this basic description overlooks some of the very important details involved when moving or non-moving violations impact your driving privileges. You can obtain these specifics by consulting with an Aurora, IL traffic tickets attorney, but it is worthwhile to be aware of how traffic tickets can lead to a driver’s license suspension.

Traffic Violations and Illinois’ Points System

To protect the public and discourage repeat traffic offenses, Illinois law provides for sanctions beyond the fine you might receive for a citation. Therefore, every time you are ticketed, a designated number of points is added to your driving record maintained by IL-SOS. The more serious the infraction, the higher the number of points. For example:

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IL DUI lawyerIf you were arrested on drunk driving charges for the first time in Illinois, it is essential to get up to speed right away on what to expect through the proceedings. Initially, you should understand that state laws are quite expansive on when a person is considered to be driving under the influence: Illinois’ DUI statute covers situations when a driver is legally drunk, impaired by the consumption of drugs, or a combination of the two. In addition, now that marijuana is legal for recreational purposes, the law was recently updated to include motorists who test positive for THC within two hours of driving.

However, beyond these basic concepts, there is probably a lot you do not know about a first offense for drunk driving. You can trust the details to an experienced Naperville first DUI defense lawyer, but there are a few things you may not yet know about the situation you are facing.

Your Blood Alcohol Content (BAC) Is Not the Only Factor

As Illinois law applies to drunk driving, as separate from the presence of controlled substances, there are actually multiple ways you can be charged with DUI:

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IL defense lawyerThe Illinois Secretary of State’s office recently released its 2021 DUI Fact Book and, though the figures from last year have yet to be tallied, there are some surprising statistics on drunk driving offenses in 2019. More than 26,200 people were arrested for DUI, 90 percent of whom lost their driving privileges as a result of an administrative suspension or revocation. Plus, many others were convicted for drunk driving through the criminal process. Though the details vary, penalties include a jail term of up to one year, fines, and others.

Another interesting statistic revealed by the Fact Book is that 86 percent of all individuals arrested for drunk driving are first-time offenders. Therefore, there is a good chance that you never had reason to retain legal counsel – and may not believe that it is even necessary. If you are on the fence about hiring an experienced DUI defense attorney, these four reasons should convince you.

In-Depth Knowledge of Illinois DUI Laws

You know drunk driving is illegal, but you probably do not have a meticulous, comprehensive knowledge of the statutes, case precedent, and court procedural rules. Plus, it is essential to grasp the relevant legal concepts for both the criminal case and the administrative process regarding your driver’s license.

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IL DUI lawyerThere are many reasons a person might have their driver’s license suspended or revoked in Illinois, such as for DUI, accumulating points on your driving record, or being cited for specific traffic offenses. Because losing your driving privileges is an administrative matter, your case will proceed according to a very specific process: A formal or informal administrative hearing before the Illinois Secretary of State. The two proceedings are distinct and apply in different situations, the nature of which depends upon the traffic violation, your driving record, and many other factors.

The details involved with either type of proceeding are extremely complex, yet they can have very profound implications for your driver’s license. Therefore, it is wise to trust a Secretary of State hearings lawyer to represent you and protect your interests. You can also read on for some basics in comparing formal and informal administrative hearings in Illinois.

Informal SOS Hearings in Illinois

As the term suggests, the rules governing this type of administrative hearing are quite relaxed. You do not need to make an appointment, so you can walk into your nearest Driver Services facility and request an informal hearing. This proceeding is only available for first-time DUI and minor traffic offenses that resulted in a suspended or revoked license. Depending upon your specific circumstances, the informal hearing may result in:

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