20 Jun 20 Tips: Lawyer for Points Commercial Vehicle
20 Tips: Lawyer for Points Commercial Vehicle
For professional drivers, your commercial driver’s license (CDL) is vital to your livelihood. Any interruption in your ability to drive for your employer may leave you permanently without a job, which means you will be unable to support your family or yourself. With the help of ny-defense.com, this article will look to discuss what the points system for commercial vehicles is all about and how a lawyer can help.
What is the commercial driver’s license points system?
Most states have a commercial driver’s license (CDL) points system under which commercial vehicle drivers are tracked based on accumulated driving offenses. The points system is a way to identify and take action against high-risk drivers.
Driving privileges are more important for CDL holders
While driving privileges are important to all drivers, they are crucial for commercial truck drivers because it is their livelihood and career that is on the line. If you are facing a traffic ticket or traffic citation that may result in points against your CDL based on the points system, you should seek the assistance of an experienced and qualified CDL lawyer like ny-defense.com.
Important factors to remember when it comes to your points
You must be convicted
It is important to note that you must be convicted of the traffic violation before points are added to your driving record. This means that simply being issued with a ticket doesn’t immediately lead to points being assessed to your record, hence why it is important to fight your ticket.
Note the date
Also, you should remember that your point total is calculated based on the date of the violation, not the date of the conviction. This is something many rookie commercial drivers fail to take into account and it comes to bite them later on.
How your point total is calculated
In New York, as pointed out by ny-defense.com, the points violations that all occurred within the last 18 months are added to calculate your point total. Therefore, your total points are the number of points you have accrued within the last 18 months and not those that come with a single traffic conviction.
These are some of the factors to consider when it comes to your points.
Commercial drivers license points system in New York
The points associated with the statute that handles traffic violations in commercial vehicles are the same for regular speeding tickets. For speeding, the points are:
1-10 mph over the speed limit – 3 points
11-20 mph over the speed limit – 4 points
21-30 mph over the speed limit – 6 points
31-40 mph over the speed limit – 8 points
Over 40 mph over the speed limit – 11 points
How many points can lead to a suspension?
CDL holders are subjected to the same point system as other drivers in New York as already mentioned. This means that if you accumulate 11 points within 18 months, then this can result in a suspension of a New York license.
What about out-of-state drivers?
As highlighted by ny-defense.com, drivers whose license is issued in another state can have their right to drive in New York suspended should they be convicted of 11 points-worth of traffic violations in 18 months.
Serious traffic violations
Regardless of points, a CDL holder can have his/her commercial license (not the personal license) suspended upon conviction of two or more serious traffic violations within 3 years.
How does the suspension work?
Getting two serious driving offenses three years results in a 60-day suspension. Getting three serious driving offenses in three years results in a 120-day suspension. The convictions, however, must be the result of two/three separate incidents and not from the same stop as covered at ny-defense.com.
What do these serious traffic violations include?
These “serious traffic violations” include:
Excessive speed – over 15 mph above the posted speed limit
Improper or erratic lane change
Following too closely (tailgating)
A violation incurred in connection with a fatal accident
Driving a CMV without first obtaining a commercial driver’s license
Driving a CMV without a commercial driver’s license in possession
Driving a CMV without proper class and/or endorsements
Driver Responsibility Assessment
You should also remember that if you accrue six or more points in 18 months, you must pay a driver responsibility assessment (DRA) fee for three years as a CDL holder as elaborated upon over at ny-defense.com.
Consequences of simply paying your ticket
Points and DRA
Simply paying the fine for a traffic ticket as a CDL holder can add points to your driving record, which can lead to a license suspension if you accrue a certain number of points within a set period, as well as DRA fees.
Permanent criminal record
Criminal traffic violation convictions such as DWI among others covered over at ny-defense.com can be misdemeanors or felonies and can result in a permanent criminal record and serious penalties including the loss of your CDL, sometimes permanently.
Loss of employment
Some employers run a zero-tolerance policy on traffic violations, and getting convicted with one, even if you don’t end up losing your CDL, can result in you getting fired. If your CDL does get suspended, your employer may also decide to fire you as you will be unable to work as a result of the suspension.
Damage to your career prospects
Having such violations and points on your record can also damage your career prospects when you are looking for work. As revealed at ny-defense.com, employers will conduct background checks and will refuse to hire CDL holders with such convictions on their records.
Increased insurance premiums
If you accumulate too many points on your record, your auto insurance provider will start viewing you as a huge risk and will increase insurance premiums exponentially as a result. This could even end up costing you your job if your employer decides that you and your premiums are too much of a hassle.
How a commercial vehicle points lawyer can help
Help keep points out of your record
Experienced CDL lawyers like ny-defense.com will work hard to fight your traffic ticket and ensure that you don’t end up having points added to your record. This includes plea bargaining with the prosecution where possible to reduce your charge to one where no points are assessed.
Help get a dismissal
CDL lawyers also know what defenses work in terms of getting you a dismissal and will explore all options available to see if your traffic ticket can be dismissed entirely. While getting a dismissal is never easy, the best chance of getting one is by hiring a lawyer.
Experienced legal help
More importantly, a lawyer will give you the experienced legal help you need to protect your CDL and, by so doing, your livelihood and career. Traffic ticket convictions and points on your record are a lot more damaging to you as a CDL holder as compared to a regular driver, and you shouldn’t take any chances.
If you are facing the prospect of getting convicted of a traffic ticket and having points added to your record, then don’t hesitate to reach out to ny-defense.com for help.