Penalties for CDL Holders Who are Charged with Cell Phone Use While Driving
In today’s world, there is so much more that exists that can distract a driver than ever before. While distractions like outside objects, such as billboards and crash sites, and internal distractions, such as the radio and other passengers, have been around for decades, there are now unique distractions that have become a very large problem over the past two decades. According to the Centers for Disease Control and Prevention (CDC), more than 30,000 people are killed and an estimated 425,000 people are injured in car accidents involving a distracted driver each year. Because of these numbers, many states have implemented strict laws about driving with hand-held devices. Anyone cited for violating these laws should contact a traffic ticket attorney right away.
Cell Phone Use
Cell phones and other hand-held devices have been the subject of much of the conversation around distracted driving. Most states have adopted strict laws in an attempt to curb the dangerous and deadly habit of using your cell phone while driving. When it comes to people who hold a commercial driver’s license (CDL), the rules are even more strict and the penalties more severe.
Texting and Driving
Most states have laws in place that state a person driving a commercial motor vehicle (CMV) is not permitted to text while they are driving. If a CDL driver is caught violating this rule, they could receive a high number of points on their driving record. If they receive multiple violations within a certain time period, their CDL driver’s license can be suspended or revoked.
Using a Hand-Held Cell Phone While Driving
Many states have now passed laws that state that drivers are not permitted to use a hand-held cell phone while they are driving a commercial motor vehicle, nor can a motor carrier require its drivers to use a hand-held cell phone while driving. Drivers are only permitted to use a hand-held cell phone while they are driving if they must do so to communicate with law enforcement officials or emergency services. Violations can also result in multiple points added to your driving record.
Other Penalties
Depending on the state you are in, a violation of either rule may be considered a “serious traffic violation,” which means convictions can put your commercial driver’s license at risk. For example, in some states, if you are convicted of two serious traffic violations within three years, you will face a two-month CDL disqualification. If you are convicted of three serious traffic violations within three years, you will face a four-month CDL disqualification.
Additionally, you can face civil penalties from the Federal Motor Carrier Safety Administration for violations. You could face a fine of up to $2,750 if you are convicted of using a hand-held cell phone while you are driving a CMV.
Contact a Traffic Violations Law Firm Today
To find out what legal options there are to fight a traffic violation you have been issued, call an experienced attorney, like a New Jersey traffic ticket attorney from a law firm like Rispoli & Borneo P.C.
Common Questions About Major Traffic Violations That Can Result In CDL Disqualification
Commercial drivers face higher standards while driving, and some traffic violations can lead to losing a commercial driver’s license (CDL). Whether it happens while operating a commercial vehicle or even a personal one, some offenses carry serious consequences. Because professional drivers rely on their licenses for work, it’s important to understand which violations can lead to disqualification. Speaking with a New Jersey traffic ticket attorney early on can help protect both your record and your livelihood.
What Traffic Violations Can Cause A CDL To Be Disqualified?
Some of the most serious offenses that can disqualify a CDL include driving under the influence, leaving the scene of an accident, using a commercial vehicle to commit a felony, and refusing a chemical test. In many cases, disqualification happens after a single offense. Other violations like excessive speeding or following too closely may not lead to disqualification immediately but can have consequences if repeated. These rules apply whether you’re driving a commercial or personal vehicle at the time of the incident.
Can A Dui Disqualify Me From Holding A CDL?
Yes, a single DUI can result in a one-year disqualification of your CDL, even if it occurred in your own car. If the DUI happened while transporting hazardous materials, that disqualification can extend to three years. A second offense can lead to a lifetime disqualification. The penalties are severe because of the higher responsibility placed on commercial drivers, and the legal limit for alcohol is also lower when operating a commercial vehicle. If you’re facing DUI charges and hold a CDL, speaking with a New Jersey traffic ticket attorney is critical.
How Long Is A CDL Disqualification After A Major Violation?
The length of disqualification depends on the type of violation and whether it’s a first-time offense. A first major offense usually leads to a one-year suspension, though that can increase to three years if hazardous materials are involved. A second major violation often means losing your CDL for life. In some situations, reinstatement might be possible, but it depends on the offense and how much time has passed. Even temporary suspensions can impact your ability to stay employed as a commercial driver.
What Is Considered A Major Traffic Violation For Commercial Drivers?
Our traffic lawyer will share that major violations go beyond simple traffic infractions. They include driving under the influence of alcohol or drugs, using a vehicle in the commission of a felony, refusing a drug or alcohol test, and leaving the scene of an accident. These violations are classified differently from serious violations like excessive speeding or reckless driving. Any major violation should be taken seriously, especially since the consequences can include losing your livelihood.
Does Reckless Driving Impact My CDL?
Yes, reckless driving is considered a serious offense and can result in CDL disqualification, especially if there are multiple violations. Reckless driving includes things like aggressive lane changes, ignoring traffic signals, or showing a disregard for safety on the road. If a commercial driver is convicted of reckless driving more than once within a three-year period, the result is often a disqualification. This is one reason why working with our traffic defense attorney can be helpful when defending against these charges.
Protecting Your CDL Starts With Knowing Your Rights
A CDL suspension can put your job at risk, making it important to take action right away if you’re facing a major traffic charge. A good legal strategy determined by a traffic court lawyer can make a difference when it comes to reducing charges or minimizing penalties. The consequences are serious, but there are options if you take steps early. If you’re facing a serious violation and need help with your case, speaking with a New Jersey traffic ticket attorney may be the best move you make. Since 1994, the team at Rispoli & Borneo P.C. has helped to protect our clients’ driving future. Call today to schedule a complimentary consultation with our firm.