Commercial Driver’s License (CDL) defense

ILLINOIS TRAFFIC VIOLATIONS FOR COMMERCIAL DRIVER’S LICENSE HOLDERS – PEORIA LAWYERS WHO PROTECT YOUR INTERESTS, LIVELIHOOD, AND SAFETY RATING

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Possessing a Commercial Driver’s License (CDL) is a valuable resource you should vigorously protect.  While most CDL holders drive safely, at times, a driver may speed over the limit, and that is when it’s too late – you’re pulled over.


If you possess a CDL and are cited with a traffic violation and plead guilty, you may directly affect your professional prospects.  Further, if you represent yourself and resolve the case with the prosecutor as a non-conviction (court supervision in Illinois), the violation could still be considered a “serious violation” and your CDL may be disqualified for a specific period of time.
unknowingly drift into an adjacent lane, or carry overweight loads.  When police cite the driver with a ticket, that ticket could be a SERIOUS VIOLATION that can and will likely affect your driving record, MVR, and safety rating.  Many CDL holders have difficulty finding employment with one petty speeding ticket that is on their driving record.

At Hall, Rustom & Fritz LLC, it is our goal to provide our clients with the highest quality legal advice available while remaining professional throughout the entirety of our clients’ cases.  In Illinois, many CDL holders lose the ability to drive due to CDL disqualifications.  This will affect your ability to provide for yourself, your family, and it may affect your ability to maintain employment.

It is our duty to answer our clients’ questions in a timely manner, make our clients’ court appearances quicker and less stressful, and advise our clients as to the law to the best of our ability.

RESPONSIVE, CAPABLE AND ATTENTIVE LEGAL ADVICE.  PEORIA LAWYERS WHO CARE ABOUT THE RESULTS WE OBTAIN FOR OUR CLIENTS.  WE MAKE OUR CASES PERSONAL.

 

If you are ticketed for one of the offenses listed below in Illinois, you should speak to an experienced traffic attorney that knows how to properly advise you through the process while protecting your CDL.

 

If you are driving your commercial vehicle and you are ticketed for serious violations and you receive court supervision or a conviction in court:

  1. Your CDL will be disqualified for 2 months if you receive 2 serious violations arising from separate incidents in a THREE year period.
  2. Your CDL will be disqualified for not less than 4 months if you receive 3 serious violations arising from separate incidents in a THREE year period.
  3. The federal rules governing your commercial driver’s license do not differentiate between court supervision dispositions and convictions.  Thus, if you are given court supervision in Illinois for a serious traffic violation, it is the same as being reported as a conviction!

If you are driving in a non-commercial vehicle (your personal vehicle), your CDL could still be affected, depending on the offense you are ticketed for:

  1. You can be disqualified from driving a commercial vehicle for a period of not less than 2 months if you are convicted of 2 serious traffic violations committed in a NON-Commercial Vehicle (e.g. your personal vehicle), while holding a CDL, arising from separate incidents, occurring within a THREE year period (if the convictions would result in the suspension or revocation of your non-CDL privileges).  (This means that if you receive 2 serious violations that would suspend your regular driving privileges, you are looking at a 2 month disqualification of your CDL).  (REMEMBER:  Two “SV” in 3 = 2 months D.) (Two serious violations in 3 years will give you a 2 month Disqualification).
  2. You can be disqualified from driving a commercial vehicle for a period of not less than 4 months if you are convicted of 3 or more serious traffic violations committed in a NON-Commercial Vehicle (e.g. your personal vehicle), while holding a CDL, arising from separate incidents, occurring within a THREE year period (if the convictions would result in the suspension or revocation of your non-CDL privileges).  (This means that if you receive 3 or more serious violations that would suspend your regular driving privileges, you are looking at a 4 month disqualification of your CDL).
  3. Drivers are NOT ELIGIBLE for restoration of CDL privileges during any period of disqualification.

If you are cited with DUI and you receive court supervision or a conviction for it, the following CDL penalties will occur:

  1. Your CDL will be disqualified for 1 year for your first DUI.
  2. Your CDL will be disqualified for 3 years, if, during the preceding 3 years, you received a disqualifying offense (other serious violations).
  3. Your CDL will be disqualified for LIFE for a second conviction (2nd DUI), or any combination of those offenses arising from 2 or more separate incidents.

Further, if you are pulled over for DUI, your CDL will be disqualified for 1 year if you test over .04 on the BAC test (if you were driving a commercial vehicle).  If you test over .08 in a non-commercial (personal) vehicle, your CDL will be disqualified for 1 year.

The Illinois Secretary of State considers the below listed offenses as CDL serious traffic violations (92 Illinois Administrative Code 1040) and are in addition to the offenses listed as serious traffic violations in the Illinois Motor Vehicle Code, 625 ILCS 5/6-500.26 (A), of the Uniform Commercial Driver’s License Act (UCDLA).

  •     625 ILCS 5/6-501 Violation of More Than One Driver’s License
  •     625 ILCS 5/6-507(a)(1) Driving Without a Commercial Driver’s License (CDL) in Possession
  •     625 ILCS 5/6-507 (b) Unlawful Operation of CMV
  •     625 ILCS 5/11-308 Disregarding Lane Control Signal
  •     625 ILCS 5/11-503 Reckless Driving
  •     625 ILCS 5/11-601(a) Speeding Too Fast for Conditions or Failure to Reduce Speed to Avoid an Accident
  •     625 ILCS 5/11-601(b)(5) 15-25 MPH Above Posted Speed Limit
  •     625 ILCS 5/11-601(b)(7) Over 25 MPH Above Posted Speed Limit
  •     625 ILCS 5/11-601(b) Over 29 MPH Above Posted Speed Limit
  •     625 ILCS 5/11-601.5 Driving 40 MPH or More in Excess of the Applicable Speed Limit:  Class “A” Misdemeanor
  •     625 ILCS 5/11-605 Exceeding the Maximum Speed Limit in a School Zone
  •     625 ILCS 5/11-605(a) Exceeding the Maximum Speed Limit in a School Zone
  •     625 ILCS 5/11-605(b) Exceeding the Maximum Speed Limit Through a Highway Construction or Maintenance Zone
  •     625 ILCS 5/11-701 Failure to Drive on Right Side of Roadway
  •     625 ILCS 5/11-702 Improper Passing Upon Meeting an Approaching Vehicle
  •     625 ILCS 5/11-703(a) Improper Passing on Left
  •     625 ILCS 5/11-703(b) Failure to Yield Right-of-Way to Vehicle Passing on the Left
  •     625 ILCS 5/11-704 Improper Passing on the Right
  •     625 ILCS 5/11-705 Improper Passing on the Left with Insufficient Visibility or Within 200 Feet of an Intersection
  •     625 ILCS 5/11-706 Driving on Left Side of Roadway Where Prohibited
  •     625 ILCS 5/11-707(b) Driving on Left Side of Roadway in a No-Passing Zone
  •     625 ILCS 5/11-707(d) Passing in Unincorporated Area Where There Exists a School Speed Zone as Defined in Section 11-605
  •     625 ILCS 5/11-708 Driving Wrong Way on One-Way Street or Highway or Around Traffic Island
  •     625 ILCS 5/11-709(a) Improper Traffic Lane Usage
  •     625 ILCS 5/11-709(b) Improper Center Lane Usage
  •     625 ILCS 5/11-709(c) Improper Traffic Lane Usage
  •     625 ILCS 5/11-709(d) Improper Traffic Lane Usage
  •     625 ILCS 5/11-709.1 Passing on Shoulder While Merging into Traffic
  •     625 ILCS 5/11-710 Following Too Closely
  •     625 ILCS 5/6-101 Operating a Motor Vehicle Without a Valid License or Permit
  •     625 ILCS 5/6-104(a) Violation of License Classification for First and Second Division Vehicles
  •     625 ILCS 5/6-104(b) Violation of Classification for Transporting Persons for Hire
  •     625 ILCS 5/6-104(c) Violation of Classification for Transporting Property for Hire
  •     625 ILCS 5/6-104(d) Violation of School Bus Permits
  •     625 ILCS 5/6-104(e) Violation of Religious Bus Driver Permits
  •     625 ILCS 5/6-104(f) Violation of Classification for Transportation of the Elderly
  •     625 ILCS 5/6-105 Violation of Instruction Permit
  •     625 ILCS 5/11-1002(d) Passing Vehicle Stopped for Pedestrian
  •     625 ILCS 5/11-1201(a) For drivers who are not always required to stop, failing to stop before reaching the railroad crossing, if tracks are not clear
  •     625 ILCS 5/11-1201(a-5) For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of approaching train
  •     625 ILCS 5/11-1201(d-1) For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance
  •     625 ILCS 5/11-1412.1 Driving Upon Sidewalk
  •     625 ILCS 5/11-1414(a) Passing School Bus Receiving or Discharging Children
  •     625 ILCS 5/11-1425(b) For all drivers, failing to have sufficient space to drive completely through the railroad crossing without stopping

 

unnamedLearn how to obtain your CDL in Illinois by visiting:

Commercial Driver’s License Study Guide

To learn more about Illinois laws regarding driver’s license suspensions & revocations, you can visit Hall, Rustom & Fritz LLC link here:

Driving on a Suspended or Revoked Driver’s License Illinois Administrative Code: Traffic Suspensions & Revocations

CALL THE LAWYERS AT HALL, RUSTOM & FRITZ LLC TO GET LEGAL REPRESENTATION IF YOU ARE ARRESTED FOR DUI IN ILLINOIS SO WE CAN PROTECT YOUR INTERESTS.

We’re here to help you in your time of need.  Contact us today and schedule a free case evaluation.  You will receive experienced, hard-working, no-nonsense, affordable Peoria area CDL lawyers for your case.

Hall, Rustom & Fritz LLC – Concentrating in protecting our CDL clients.

HALL, RUSTOM & FRITZ LLC, 432 N MAIN ST., EAST PEORIA, IL 61611

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.