Nassau County and Suffolk County CDL Ticket Attorney
Obtaining a commercial driver’s license (CDL ) is essential to earn a living driving a truck, bus, taxi or another commercial vehicle. Because commercial drivers require more advanced skills than the average driver, however, CDLs are more difficult to obtain. Commercial drivers are also subject to more stringent traffic and safety laws since the size and weight of a typical commercial truck or tractor-trailer pose a danger to other motorists. Being ticketed for a CDL violation in New York can have serious consequences, such as exorbitant fines, points added to the CDL and increased insurance premiums. Moreover, a serious CDL violation can result in a license suspension or revocation as well as a prison sentence.
At AutoTrafficTickets.com, our attorneys have extensive experience defending clients against a wide range of CDL violations in Nassau and Suffolk Counties and throughout the state of New York. We know that a citation or a criminal traffic violation can have a serious impact on your career and will work tirelessly to protect your rights.
CDL Ticket and Violations 101
The Department of Transportation (DOT) requires each state to establish a system for issuing commercial driver’s license. As such, commercial drivers in New York, and the companies that employ them, must abide by federal, state and local laws. A CDL is required to drive a Class A, Class B or Class C commercial motor vehicle:
Class A — A gross combination weight rating of 26,001 lbs. or more, or a trailer with a gross vehicle weight rating of more than 10,000 lbs
Class B — A single vehicle with a gross vehicle weight rating of 26,001 lbs. or more
Class C — A vehicle designed to carry 16 or more passengers, a bus, or any vehicle that requires hazardous material placards
Driving a commercial vehicle without a CDL is considered a misdemeanor, punishable by a civil penalty of $2,500. The penalties are enhanced in aggravated cases, including fines up to $5,000 and up to 1 year in jail.
Our attorneys routinely defend clients against common CDL violations such as:
- Size and weight restriction violations
- Grade restrictions
- Logbook violations
- Loading violations
- Maintenance and equipment violations
- Violations of federal, state and local trucking regulations
In addition, we represent commercial drivers who have been charged with a serious CDL ticket. As you may already know, a conviction for two serious traffic violations within a 36-month period will result in an automatic 60-day suspension of the CDL, while three violations will lead to a 120-day suspension.
Examples of serious traffic violation that could result in a CDL suspension in New York include:
- Speeding 15 mph or more over the posted limit
- Reckless driving
- Improper lane changes
- A traffic violation that is directly related to a fatality
It is important to note that the penalties apply to CDL violations inside or outside of the state as well as to interstate commercial drivers. Our attorneys have the knowledge and skills to represent clients in multiple jurisdictions and routinely collaborate with a respected network of attorneys who handle interstate CDL violations.
Other CDL violations — those that cause, or have the potential to cause, property damage, injuries, or fatalities, carry more severe penalties, including:
- Operating a commercial vehicle with a BAC of 0.04 percent or more
- Operating any vehicle (commercial or personal) while under the influence of a controlled substance
- Refusing a BAC test
- Leaving the scene of an accident
- Committing a felony involving the use of a commercial motor vehicle
- Operating a vehicle with a revoked, suspended or canceled CDL
Such violations may result in a one-year suspension of a commercial driver’s license while the most severe penalties carry a three-year CDL suspension — particularly for serious traffic violations that involve the transport of hazardous materials.
A second conviction for a serious offense, or committing a felony involving a controlled substance while using a commercial vehicle, may result in a lifetime CDL suspension. In addition to a suspension, revocation and fines, being convicted of a serious traffic violation may lead to jail time.
Long Island CDL Violations Attorney
If you are facing a CDL violation in New York, working with our highly skilled legal team is the best way to protect your livelihood. We have a proven track record of helping our clients mitigate fines, avoid increased insurance costs, and stay on the road — protecting their careers and businesses. We routinely defend commercial drivers from a wide range of traffic tickets and serious traffic violations and work with companies who are faced with penalties as well as regulatory sanctions.
Remember: never pay a commercial traffic ticket before speaking to an attorney. Pleading guilty to a CDL violation will have long-term implications for your livelihood. When your career and freedom are hanging in the balance, MontanaroLaw, P.C. is the wise choice for CDL violations. Call or text our office today at (516) 203-1700 to set up a consultation.