In Illinois, CDL drivers are held to a higher standard than other drivers.  Any conviction for a moving violation, even while operating your personal vehicle, can have serious consequences for your commercial drivers license.   Accumulating 2 or more moving violations within a three year period can disqualify your CDL.  In order to keep these violations off your record, you will need to get the charge dismissed or have the charge amended to a non-moving violation.  Hiring an experienced attorney is the best way to keep these violations off your record.  My office has successfully helped CDL drivers keep moving violations off their record by representing them at trial or negotiating a plea bargain with the State’s Attorney’s Office.

If you need an experienced CDL Lawyer in Rockford, IL call today to set up your FREE INITIAL CONSULTATION (779) 500-0167

PENALTIES FOR MOVING VIOLATIONS

For ordinary drivers, dispositions like Court Supervision are a great way to keep traffic convictions off their record.  If you are a CDL holder, Court Supervision will not be able to keep a moving violation from disqualifying your CDL.  If a CDL driver commits 2 “Serious Traffic Violations” within a 3 year period, their CDL will be disqualified for a period of 60 days.  If you commit 3 violations within the 3 year period then your CDL will be disqualified for 120 days.  Some examples of serious traffic violations include the following:

• speeding 15 mph over the limit
• Reckless driving
• Improper lane use
• Texting while driving
• Following too closely.

Additionally, any charge involving railroad crossings has the potential to disqualify your CDL on the first offense.

DUI WITH A CDL

A DUI can have serious consequences for persons with a commercial driver’s license.  For ordinary drivers, dispositions like Court Supervision are available to keep DUI convictions off their record and prevent their license from becoming revoked.  This disposition, however, is unavailable for CDL drivers.  While a CDL holder may receive Court Supervision for their DUI, this will not prevent their CDL from being disqualified.  For a first offense DUI a CDL holder will have their license disqualified for a period one year.  If the driver was hauling hazardous materials, then the disqualification would be for 3 years.  A second violation, regardless of the circumstances, will result in a lifetime disqualification.

A CDL driver does not have to be convicted of a DUI to be disqualified from operating Commercial Motor Vehicles (CMV).  Since Illinois is an “implied consent” state, any driver on the public roadway is required to submit to a breathalyzer when asked.  If the driver refuses chemical testing, their license will be subject to a Statutory Summary Suspension (SSS).  In addition to the SSS, a CDL holder will have their license disqualified for any of the following:

• The driver refuses to submit to a breathalyzer,
• The driver has a BAC over .08 while operating their personal vehicle
• The driver has a BAC over .04 while operating a CMV.

Just because you have been charged with DUI does not mean you must be convicted.  I have successfully helped CDL drivers keep their license from being disqualified even after being charged with DUI.

In Illinois, a conviction for Driving Under the Influence, even on your first offense, will lead to a revocation of your driving privileges.  This means you will not be able to legally drive until you have a hearing in front of a reinstatement officer at the Secretary of State’s office.  If you have had more than one offense for DUI, you may be required to conduct a formal hearing before your diving privileges are reinstated.  You may also be eligible for a driving permit prior to full reinstatement of your license in order to get you back on the road as soon as possible.  If your license is revoked for DUI or any other reason, you want an experienced attorney on your side to help guide you through the process of reinstating your license and applying for a driving permit.

DUI SUSPENSION

Since Illinois is an implied consent state, if you refuse to submit to a breathalyzer while operating a vehicle on a public highway, your driver’s license will be automatically suspended in addition to any other penalties you may face for Driving Under the Influence.  You are entitled to challenge the suspension of your license through an hearing while your DUI case is pending. This is why its important to consult with an attorney immediately after being charged, in order to try and preserve your driving privileges while fighting your DUI.

If you retain my office to handle your DUI case, we will immediately file a petition with the Circuit Court to try and rescind the suspension on your license.  Upon filing the petition, the State must give you a hearing within 30 days.  At the hearing, the Defense is allowed to submit legal proof to the court to have the suspension rescinded.   If the Defense is successful at this hearing, the suspension will be rescinded and you can continue to drive pending the outcome of your DUI case. If the suspension is upheld for any reason you may be still be eligible for a driving permit.

DUI REVOCATION

A DUI conviction will lead to a revocation of your license, in addition to any suspension you may have incurred by refusing to submit to chemical testing or operating a vehicle with a blood alcohol concentration over the legal limit.  When your license is revoked, you will not be able to legally drive until you have an administrative hearing with the Secretary of State.   Prior to full reinstatement, you may be able to obtain a restricted driving permit, which is a hardship license that allows you to drive under limited circumstances, such as commuting to and from work and driving your children to school.     If your license was revoked for traffic offenses or a first time DUI with no injuries, then you may be able to get your license back at an informal hearing.  These are available at Driver Services facilities in Rockford and throughout the state.  If you have been convicted of a second or subsequent DUI or were charged with DUI where there was a crash involving great bodily harm or death, then you will most likely require a formal hearing held in Springfield.

TRAFFIC REVOCATION

In Illinois, If you are over 21 years of age and are convicted of 3 moving violations within a 12 month period, then the Secretary of State will Suspend or Revoke your license.  The length of suspension or revocation will be determined by the number of points that were accumulated across the 3 violations.  Each moving violation is assigned a point value and the more serious violations receive higher values.   Some common point values are listed below:

5 points – Speeding 1-10 mph above the limit
15 points – Speeding 11-14 mph above the limit
20 points – Speeding 15-25 mph above the limit
20 points – Disregarding a traffic control device
50 points – Speeding more than 25 mph above the limit
55 points – reckless driving

Once you accumulate 3 traffic violations within one year, the Secretary of State uses the following point schedule to determine whether your license will be suspended or revoked and for what period of time.

15 to 44 points – 2 months
45 to 74 points – 3 months
90 to 99 points – 9 month
100 to 109 points – 1 year
110 points or more – Revocation

Certain offenses can result in an immediate suspension or revocation, such as driving without insurance, driving under the influence, failure to maintain SR-22 insurance when required or minor drinking. Whatever the reason that you lost your driving privileges, my office may be able to help regain your driving privileges.