Holding a Commercial Driver License (CDL) is necessary to operate a truck or other commercial vehicle in New York. But becoming a holder requires education, training, and an awareness of the unique responsibilities that CDL drivers have. If you fail to carry out these duties by committing traffic offenses, you may jeopardize your ability to continue carrying a CDL. This, in turn, may cost you your career, not to mention legal fees and court costs. The law firm of NY Traffic Ticket Lawyers examines the most common CDL traffic violations and how you can defend against them.
Common New York CDL Traffic Violations
CDL drivers are held to a higher duty of care compared to licensed drivers of standard passenger automobiles. This is because of the size, weight, and difficulty of driving trucks and large vehicles. Many of these vehicles carry dangerous substances or such heavy loads that serious injuries and even fatalities are highly likely to result from an accident.
For this reason, several different types of CDL violations can lead to fines, penalties, suspension, and even revocation of a license. Examples include:
- Speeding: Speed dramatically increases the chances of a commercial vehicle causing major injuries and death. Multiple tickets can spell trouble for your CDL.
- Reckless driving: This is defined as operating the truck in such a way that it shows disregard for others’ safety. It’s unacceptable for anyone to recklessly drive, let alone CDL holders.
- Driving under the influence: While regular drivers have a BAC limit of 0.08%, CDL drivers are held to a stricter 0.04% limit. Driving under the influence also includes the influence of drugs, whether legal or not.
- Logbook violations: CDL drivers must keep accurate and diligent logbook records concerning their hours of service. Evidence of inaccurate or improper logbook recordkeeping is serious.
- Unsafe lane changes: Large trucks should always move safely on the roads or a serious accident could occur. Failure to signal or cutting off other drivers are two examples of unsafe maneuvers.
- Driving with an invalid CDL: Driving with an expired, suspended, or otherwise invalid CDL or proper endorsements is a significant violation. Numerous legal consequences and vehicle impoundment may result.
- Overloaded vehicles: Since heavy weights are what make large trucks so dangerous, vehicles should never be overloaded. Exceeding the legal weight limit is a common violation.
- Failure to inspect: Commercial drivers must inspect their vehicles before taking a trip so they can identify and fix safety problems. Many accidents could have been prevented by taking this simple, required step.
Strategies For Defending Against a CDL Ticket
A CDL traffic ticket lawyer may employ a number of different strategies to defend you, depending on the circumstances of your case and your driving record. These may include:
- Disputing the evidence: If the evidence against you is tainted, was obtained illegally, or is otherwise questionable, we can take steps to exclude it from court or undermine its reliability.
- Requesting that charges be dismissed: Prosecutors often tack on charges that are simply aimed at getting whatever they can get from court. Many of these are weak, and we can ask the prosecutor or judge to throw them out.
- Negotiating a plea bargain: You may be able to work out a deal whereby you plead guilty to less serious offenses. A plea bargain could save your CDL and avoid more severe punishments.
How Our Law Firm Can Help You
At NY Traffic Ticket Lawyers, we know that a lot is riding on the outcome of your CDL ticket case. When you retain us, we get to work reviewing the charges against you, assessing their strengths and weaknesses, and then devising a personalized plan to defend your best interests and minimize the impact of your ticket on your CDL. Get started by calling our office today.
