Having and operating commercial motor vehicles (often abbreviated as CMV) requires an appropriate driver license, referred to as a commercial driver’s license or CDL. CDLs have specific endorsements and a few restrictions on how the motor vehicles can be operated. Failing to meet the specific rules might result in the loss of your CDL and we know how harsh that might be on many professionals. Depending on the type of criminal conviction of rule violation, your CDL might be revoked for different amounts of time.
Luckily for you, here at Ktenas Law, our attorneys are specialized in cases dealing with commercial driver’s licenses. We are proud to offer our clients the protection by a team of skillful, experienced, and highly professional lawyers. If you are in the unfortunate position of being a CDL operator who has been cited for a violation of a rule or a serious traffic offense, you should not despair! We are here to work for you and with you to protect your rights and save your license, therefore your job.
You can receive a completely free and confidential case evaluation with some of the best CDL lawyers in Ilinois, just contact us today!
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When Do You Need A CDL in Illinois?
If you are still unsure about when you need a CDL, you must know that Illinois requires a CDL for vehicles weighing more than 26,000 pounds or those vehicles designed to carry hazardous materials or more than 16 passengers. CMVs that operate for recreational, military, or emergency response are exempt from CDL requirements, as well as farmers, snowplow operators, and propane deliverers.
What Can Be Considered As A Serious Violation Under the FMCSA?
There are 10 violations considered Serious Traffic Violations FMCSA that you should be aware of if you want to avoid being fined or even worse being cited for any kind of violation. Here is a list of serious violations.
- Driving at excessive speed, involving speeds that are above 15 mph or the posted speed limit
- Driving recklessly including offenses to other vehicles in disregard of the law or the safety of other people or properties
- Making erratic or improper lane changes
- Being too close to the vehicle in front, which might cause an accident
- Violating any state or local law concerning motor vehicle traffic control with regards to fatal accidents
- Driving a commercial motor vehicle without having a valid CDL
- Driving a CMV without in the CDL in the driver’s possession
- Driving a CMV without the appropriate CDL or endorsement for the vehicle or the type of passengers and cargo transported
- Violating state or local laws on motor vehicle traffic control and texting while driving
- Using a hand-held mobile phone while driving a CMV
Why You Can Rely On Our Illinois Team of Attorneys?
The truth is that cases involving CDL are complicated. You might be accused of committing a serious traffic violation and even if you are certain you are not wrong, you must ensure you consult an experienced lawyer. Indeed, paying a fee or pleading guilty can affect your license and your job. Here at Ktenas, we can offer you the best protection in the courtroom and the best outcome for you. Our traffic defense lawyers in Illinois are highly experienced and familiar with how the process works. On top of other things, our team is ready to:
- Conduct an impressive assessment of your case
- Explain to you all the implications and different options you might have, even in terms of the ticket or charges and your rights
- Investigate the matter and gathering all the relevant evidence
- Take action to protect your rights and save your license
Can I Request Court Supervision?
A sentence of court supervision can be favorable for a standard driver in Illinois but it is not accepted for a CMV driver. For most traffic violations the state of Illinois is set to treat sentences of court supervision just like any conviction. In simpler words, that means that court supervision will not prevent you to get your CDL suspended or disqualified. On top of that, and maybe just as importantly, court supervision will not prevent you from having a ticket or an appearance of your violations on your public driving record.
Will My CDL Be Suspended?
In Illinois, a driver is considered disqualified from operating a commercial motor vehicle if the driver is found to commit two serious traffic violations (as described in a section above) within three years. Being guilty of two serious traffic violations leads to a minimum disqualification of two months while three violations within the same period result in a minimum of four months of disqualification.
Can I Remove A Traffic Ticket From My Record?
Many drivers need the ticket to be removed from their records to avoid severe negative consequences in terms of employment, insurance, and payments. The good news is that it is possible to remove a ticket from your record, but the success of the process will depend on some factors. For example, if you mailed in payment, failed to pay the ticket, or failed to appear in court, we might help you bring your case into court and we will try to resolve the ticket without a conviction.
If you appeared in court and failed to meet the required conditions, we may be able to request the judge to reinstate your court supervision. However, you’ll need to meed the original conditions for the process to be successful.
If you appeared in court and are not happy with the sentence, you have 30 days to appeal your sentence. Such a case will not be suitable for a Motion to Vacate if more than 30 days have passed, so keep that in mind!
If the motion is successful, our attorneys will get everything needed for the state of Illinois, and submit the papers to remover your conviction from your public driving record. Keep in mind that the county or even the courthouse were your tickets were assigned can have an impact on the probability of success of this strategy.
What are you waiting for? Our team at Ktenas Law can handle your CDL case and evaluate your situation to provide you with the most appropriate strategy. Don’t hesitate to contact us today to discuss your case and hear your options!