For some people, driving professionally can blossom into a rewarding career. A person who hopes to obtain their commercial driver’s license, or CDL, must meet strict qualifications. Not everyone meets the requirements to become a commercial driver. Truck drivers and others who drive for a living are held to a much higher standard than everyone else on the road. The State needs to ensure that only the most skilled and responsible drivers are on the road for extensive periods, which is why it can be challenging to meet the necessary standards.
Many factors can play into disqualification from obtaining or keeping a CDL. A commercial driver must abide by all the rules set by the Federal Motor Carrier Safety Administration. These rules are much more extensive than those learned when receiving your first non-commercial driver’s license. Committing just one traffic violation in a commercial motor vehicle (CMV) could be enough to disqualify a driver from keeping his CDL or applying for one.
It’s important to thoroughly understand all the rules and regulations of being a commercial driver; otherwise, a simple mistake could cost you your livelihood. If you’re currently facing a CDL suspension, you’re urged to seek skilled legal counsel to protect your license. An experienced traffic attorney could benefit your case.
Top Violations That May Lead to the Loss of a CDL
Getting a traffic ticket in a commercial vehicle is much more serious than receiving a citation in a personal vehicle. Commercial drivers have considerably less leniency when it comes to disregarding the rules of the road. So, which violations can lead to the loss of a CDL? Examples include the below traffic offenses:
- Excessive speeding
- Having a BAC of 0.04% or higher
- Using one or more controlled substances or driving under the influence of controlled substances
- Leaving the scene of an accident
- Committing a felony with the CMV
- Using the CMV to manufacture or distribute controlled substances
Any of the above violations could lead to the loss of a commercial driver’s license. Under the FMCSA, there are also CDL-specific violations.
CDL-Only Violations that Could Void Your Commercial Driver’s License
You could lose your CDL under CMV-only violations such as:
- Having a BAC of 0.04% or higher (for the average driver, the legal BAC limit is 0.08%)
- Causing a fatality in an accident involving the CMV. A commercial driver who is believed to have caused a fatality due to the negligent operation of their CMV will immediately lose their CDL.
- Driving a CMV with a canceled, revoked, or suspended CDL. Such a driver will be disqualified.
Additionally, serious traffic violations other than the ones listed here could also lead to disqualification. Drivers of commercial vehicles may suffer violations or disqualification of their CDLs for dangerous driving behaviors such as:
- Following another vehicle too closely
- Driving at 15 or more miles per hour over the speed limit
- Reckless driving
- Any traffic violation connected to a fatal accident
- Driving a CDL without
- Obtaining a CDL
- Carrying a CDL
- The proper CDL classification or endorsement
- Erratic lane changes
Can Felons Obtain a Commercial Driver’s License?
People with a felony on their criminal records face an uphill battle when trying to acquire steady work. If you were convicted of a felony, it may still be possible to get your commercial driver’s license; it all depends on the conviction. Federal laws can prevent you from obtaining a CDL if you were convicted of:
- Arson
- Smuggling
- Kidnapping
- Intent to murder
- Bribery
- Extortion
- Manslaughter with a motor vehicle
- Driving with a BAC of 0.08% or higher
- Causing a fatality with a vehicle due to negligent or reckless driving
Anyone who uses a commercial motor vehicle to commit a felony will be banned from obtaining a CDL. Research Florida’s requirements for getting a CDL if you have a felony on your record, as these permissions vary by state.
Are CDL Disqualifications Permanent?
Often, CDL disqualifications aren’t permanent. A disqualification may last a few months and could be similar to having a license suspension. In many cases, it may be possible to restore your commercial driving privileges.
Common periods of disqualification are:
- 60 days: for two serious violations in separate incidents over a three-year period
- 120 days: for three serious violations in separate incidents over a three-year period
How a CDL Violations Lawyer Can Help Restore Your CDL Driving Privileges
If you’re a commercial driver facing the prospect of losing your Commercial Driver’s License (CDL) due to violations, working with an experienced CDL violations lawyer can help you protect your livelihood.
Navigation of Legal Procedures
The process of contesting CDL violations or appealing for the reinstatement of a CDL can be intricate, involving specific legal steps that vary by jurisdiction. A skilled CDL violations lawyer knows the ins and outs of these procedures, ensuring all paperwork is filed properly and deadlines are met, thereby avoiding unnecessary delays or rejections.
Representation in Court
If your case goes to court, having a lawyer with focused knowledge and a strong legal strategy can significantly impact the outcome. Mr. Gabriel will present evidence, argue on your behalf, and strive to convince the court of your case, aiming for the dismissal of your charges, lessening the points on your driving record, or minimizing the damage of the charge.
Advising on Alternative Resolutions
In some cases, alternative resolutions, such as attending driving courses or performing community service, may be available to mitigate penalties or expedite the reinstatement of your CDL. A lawyer familiar with CDL regulations can advise on these options and work to include them as an alternative resolution to your case.
Guidance on Compliance and Prevention
Beyond addressing the immediate legal challenges, a CDL violations lawyer can also provide valuable advice on how to maintain compliance with CDL regulations moving forward. This includes guiding you through the steps to prevent future violations, which can safeguard your career over the long term.
Personalized Legal Strategy
Every CDL violation case is unique, with its own set of circumstances and complexities. A seasoned lawyer will develop a tailored legal strategy that takes into consideration the details of your violation, your employment needs, and any legal obstacles, maximizing your chances of a favorable outcome.
Emotional Support and Reassurance
Facing the loss of your CDL can be incredibly stressful. A lawyer not only acts as your legal advocate but also provides emotional support, offering reassurance through a challenging time and helping you stay focused on the steps necessary to reclaim your professional standing.
The support of a CDL violations lawyer can be instrumental in navigating the legal system, minimizing the consequences of violations, and ultimately helping you get your CDL back.
Reinstating a Disqualified CDL in Florida
In Florida, the process of reinstating a disqualified Commercial Driver’s License (CDL) involves several steps tailored to address the reasons behind the disqualification:
Serve the Disqualification Period
Before you can apply for reinstatement, you must serve the mandatory disqualification period, which varies depending on the violation. For example, serious offenses like DUI may result in longer disqualification periods compared to lesser violations.
Fulfill Any Court or DMV Requirements
Depending on the nature of your disqualification, you may be required to complete certain courses, such as a traffic law and substance abuse education course, or pay fines and fees associated with your violations.
For DUI-related offenses, you may need to undergo an evaluation and complete any recommended treatment programs.
Obtain an SR-22 or FR-44 Insurance Certificate
For certain offenses, especially those involving DUI or serious traffic violations, you’ll be required to obtain an SR-22 or FR-44 insurance certificate. This document proves that you carry liability insurance that meets the minimum coverage requirements set by Florida law.
Apply for Reinstatement
Once you’ve fulfilled all requirements, you can apply for reinstatement of your CDL. This typically involves visiting a Florida Department of Highway Safety and Motor Vehicles (FLHSMV) office, submitting the necessary documentation, including proof of insurance and any certificates from completed courses, and paying a reinstatement fee.
Retake Necessary Exams
In some cases, particularly if your CDL was suspended for an extended period, you may be required to retake the knowledge and skills tests before your CDL can be reinstated. Check with the FLHSMV to see if this step applies to your situation.
Maintain a Clean Driving Record
After reinstatement, it’s essential to maintain a clean driving record. Further violations can lead to more severe penalties and jeopardize your CDL status. Following traffic laws and regulations is essential to ensuring your commercial driving career’s longevity.
Protect Your CDL and Career with a Traffic Attorney in West Palm Beach
With the help of an attorney, it may be possible to avoid disqualification altogether. See what Criminal defense attorney Brian Gabriel at The Law Office of Gabriel & Gabriel can do for you. He has helped thousands of commercial drivers throughout Palm Beach County fight their traffic violations so they could continue to thrive.
Criminal defense attorney Brian P. Gabriel will handle your case using all the knowledge and skills developed over the span of his career. He has practiced law for more than 30 years. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.