CDL Traffic Violations Attorney

Cook, Kane, Will County CDL Defense Lawyer

Illinois takes CDL traffic violations very seriously.  Traffic violations classified as "major CDL violations" will result in some form of disqualification.  CDL traffic violations classified as "serious violations" can cumulatively result in a disqualification.

Major Commercial Driver's License Violations in Illinois

If you are operating a commercial motor vehicle in Illinois with a commercial driver's license and commit a "major violation" your first conviction will result in a 1 year disqualification.  If your first major violation occurred while you were transporting hazardous materials, you may receive a disqualification of 3 years.  The second "major" violation results in a lifetime disqualification with the possibility of reinstatement, under certain circumstances, after 10 years. Major violations include:

• Refusing to submit to chemical testing.

• Any DUI-related conviction

• Leaving the scene of an accident while operating a CMV.

• Committing a felony with a CMV.

• Excessive speeding.

• Reckless driving. .

• Improper lane usage (changing lanes improperly or erratically)

• Being under the influence of a controlled substance.

• Causing a fatality through negligent operation of a CMV

Serious CDL Violations in Chicago Area and Throughout Illinois

A commercial driver can be disqualified from operating a commercial motor vehicle (CMV) if they receive 2 serious traffic violation convictions within a 3 year period.  The suspension period for the disqualification will last a minimum of 2 months. The first conviction of a "serious" violation does not result in a disqualification but subsequent convictions may result in a disqualification of 60 days up to 3 years. "Serious" traffic violations that have a cumulative effect on your CDL include:

• Excessive speeding

• Improper lane changes

• Following too closely

• Operating a CMV without a CDL

• Operating a CMV without having a CDL in the driver's possession

• Operating a CMV without the proper CDL

• Violating an Illinois law relating to motor vehicle traffic control connect with a fatal accident

While it seems to easy to sign the ticket and mail in a check, it is important to remember that by signing your ticket you are agreeing to have a guilty plea and a conviction entered into your commercial driver's license record.  A guilty plea for a citation written against your commercial driver's license may endanger both your CDL and your livelihood.
 

Railroad Crossing Violations & CDL Consequences in Illinois

Conviction of any of the following six offenses at a railroad-highway grade crossing (RRHGC) while operating your CMV (Commercial Motor Vehicle) will be grounds for disqualification:
 

• If your CMV is not required to stop, you still must slow down and check that the tracks are clear of an approaching train or railroad track equipment
• If your CMV is not required to always stop, failure to stop before reaching a crossing that is not clear
• If your CMV is required to stop, failure to stop before driving onto the crossing
• Failure to have sufficient space to drive completely through the crossing without stopping
• Failure to obey a traffic control device or directions of an enforcement officer
• Failure to successfully clear a crossing due to insufficient undercarriage clearance

Disqualification Period for Railroad Crossing Violations:

• First violation - not less than 60 days
• Second violation within a three year period - not less than 120 days
• Third (or subsequent) violation within a three year period - not less than 1 year

Protect Your CDL & Your Driving Privileges

Illinois has stringent requirements for operation of a CMV within the state.  If you have a CDL and you receive a traffic violation in Illinois, consulting an experienced Illinois traffic attorney to learn all of the possible ramifications can be invaluable.  Traffic Attorney Tim Henderson understands how important it is for you to keep your CDL in good standing and he will fight for you to minimize the consequences.  Having experience in Joliet, Skokie, Wheaton, Maywood and other cities in the Cook, DuPage, Will and Kane county area, he will provide the representation you need. His success is no accident.  Contact him today for a free consultation.