New York State requires anyone driving a vehicle weighing over 26,000 pounds, vehicles accommodating 15 or more passengers, including buses, and any vehicle used to transport materials that are hazardous to first obtain a Commercial Driver’s License (CDL) if they are being used for commercial or business purposes.
For truck and other professional drivers, a commercial driver’s license is the utmost necessity; it is what allows them to make a living. That is why it is imperative that a professional driver is to act very swiftly should their commercial driver’s license by at risk of a suspension. It is obvious that if you do not have your CDL you will not be able to perform the main duties of your job, and your job may therefore also be at risk.
What May Cause a Commercial Driver to Incur Penalties or a License Suspension?
There are many different reasons as to why a professional driver may face fines, traffic charges, or even license suspension. Such factors include:
- Alcohol or drug-related offenses
- Carrying cargo weighing more than the limit
- Driving without insurance
- Failure to stop at weigh stations
- Habitual traffic violations
- Logbook violations
- Safety regulation violations
- Speeding
- Traffic violations while driving a personal vehicle
Conviction of “Serious Traffic Violations”
If a commercial driver has been convicted of two “serious traffic violations” on separate occasions, within a period of three years, while operating a commercial vehicle, he or she may lose their license for up to 60 days. Furthermore, if a commercial driver has been convicted of three serious traffic violations within a period of three years, that suspension will be increased to 120 days.
It is important to note that these license suspensions are applicable regardless of where the violations take place – inside or outside of New York State. These “serious traffic violations” for commercial drivers include:
- Driving a commercial vehicle without a CDL
- Speeding by a minimum of 15 miles over the limit
- Tailgating
- Traffic violations involving fatalities
- Unsafe lane changes
Elevated Offenses
A commercial driver can even lose their license for one year (or three years if transporting hazardous materials at the time) if they commit one of the following severe offenses:
Driving a commercial vehicle with a blood alcohol level of .04% or higher
Committing a felony with the use of a vehicle
Leaving the scene of an accident
Refusing to blood alcohol testing
Operating a commercial vehicle with a CDL that is either suspended or revoked
MontanaroLaw, P.C. Can Help Those Who Are Facing Suspension or Revocation of their CDL
Since the suspension or revocation of a CDL can have a major effect on your ability to make a living, it is extremely important that you consult with an experienced and knowledgeable commercial ticket attorney who will provide you with aggressive representation in order to protect your license and your livelihood.
At MontanaroLaw, P.C., our skilled attorneys have the experience with assisting commercial drivers dealing with potential points on their licenses, fines, and penalties. If you are facing potential suspension or revocation of your CDL, MontanaroLaw, P.C. can help. To learn more or to schedule a free consultation, visit us online or call us at 855-697-5299 today!
Posted in: Suspended License