20 Tips Speeding Tickets in Commercial Vehicle | Law Office of James Medows

20 Jun 20 Tips Speeding Tickets in Commercial Vehicle

20 Tips Speeding Tickets in Commercial Vehicle

ny-defense.com has got extensive experience when it comes to assisting commercial drivers throughout New York City and New York State. This article will look to take a look at what commercial drivers are, and how speeding tickets and other traffic violations can affect their work.

Can anyone drive a commercial vehicle?

No. As discussions over at ny-defense.com point out, only those who hold a Commercial Driver’s License (CDL) can drive a commercial vehicle for work. As can be expected, CDLs are more difficult to obtain since commercial drivers require more advanced skills than the average driver.

Those with a CDL are held to a higher standard

It is also worth pointing out that those with a commercial driver’s license (CDL) are held to a higher standard than the average driver because of the nature of the job they do. This means that there are certain restrictions unique to CDL drivers that must be adhered to or otherwise may lead to the suspension or revocation of one’s CDL license.

Who requires a CDL?

According to ny-defense.com, anyone who drives a commercial motor vehicle in the state of New York requires a CDL license. Therefore, if you want to explore a career as a commercial driver, you need to get yourself a CDL license.

Two scenarios when a commercial driver may get a speeding ticket

It is worth noting that a commercial driver faces the scenarios of getting a speeding ticket when they are driving a commercial vehicle or a personal vehicle. Both of these speeding tickets can affect commercial driving privileges.

How will they know that I’m a commercial driver when I’m driving a personal vehicle?

When you get pulled over for speeding by a traffic officer, you will be asked to produce your driver’s license. This is how the officer will find out that you are a CDL holder as the Commercial Motor Vehicle Safety Act of 1986 makes it illegal to have more than a single driver’s license of any kind. This means that you must surrender your old license for your CDL. Therefore, regardless of whether you are driving a commercial vehicle or a personal vehicle when you get pulled over, the violation will affect your CDL.

What if I don’t surrender my old license?

You may be tempted to hold on to your old license when you get your CDL to try and circumnavigate the law in case you get pulled over for speeding when driving a personal vehicle. However, as ny-defense.com points out, you should avoid this at all costs since if you are found to have more than one license, you can receive a fine of $5,000 and even jail time.

The effect traffic violations can have on New York CDLs

Two serious traffic violations within 36 months (not arising from the same incident) lead to an automatic 60-day license suspension for commercial drivers. Also, drivers lose their CDLs for 120 days if they receive three serious traffic violations within three years.

Do these penalties apply to out-of-state violations?

Yes. The penalties described in the previous point apply to CDL violations inside and outside the state of New York. CDL holders are required to notify the New York Department of Motor Vehicle within 30 days of receiving an out-of-state violation.

What speeding violation is considered a serious traffic violation in New York?

Among the list of qualified sanctions that are deemed to be “serious” under New York statutes is driving 15 mph or more over the posted speed limit. Other “serious” violations include operating commercial vehicles without CDL, reckless driving, tailgating, changing lanes in an unsafe or erratic manner, or committing a traffic violation that is directly related to a fatality as outlined at ny-defense.com.

Speeding tickets in a non-CMV

If you are a CDL holder and you obtain a speeding ticket while operating a personal (non-CMV) vehicle, then the ticket will not result in a federally mandated CDL revocation. However, it is worth pointing out that some states have added their own CDL-related penalties for speeding violations in personal vehicles.

Exceptions to the rule governing tickets in a non-CMV

As already stated, the loss of a CDL is only for convictions to moving violations while operating a commercial motor vehicle as opposed to a personal vehicle. However, there are exceptions to this rule, and they include convictions like leaving the scene of an accident, alcohol and drug violations involving your personal vehicle, and felonies involving a motor vehicle.

Will revocations of personal driving privileges also lead to revocation of commercial driving privileges?

Yes. As articulated over at ny-defense.com, it is important to note that any traffic violation that results in the revocation of personal driving privileges will also revoke commercial driving privileges, something to note as a CDL holder.

Criminal record

Many CDL violations are in fact considered to be crimes rather than just simple traffic infractions, given the nature of the job CDL holders do. This means that you could end up with a permanent criminal record and you could even go to jail for a speeding ticket as a CDL holder.

Severe violations

As pointed out by ny-defense.com, the most severe penalties carry a three-year suspension of the DCL. These sanctions include violating any of the most severe violations listed earlier while transporting a hazardous chemical or other materials.

A lifetime suspension

A lifetime suspension results from a second offense of the scenario painted out in the previous point, something for CDL holders who transport hazardous chemicals to note. A lifetime suspension can also result when a CDL holder commits a felony involving a controlled substance while using the commercial vehicle.

How long do speeding violations stay on my record?

Federal law requires that serious traffic violations count as priors on a person’s record for three years. Having said that, it is important to note that individual states determine how long traffic offenses stay on a driver’s record.

Speeding tickets issued to a corporation

Many trucking tickets are issued in the name of the company, not the driver, which is another thing worth noting as a CDL holder. Therefore, you should be prepared to have an attorney on behalf of the corporation to represent the corporation in a criminal court. If you need assistance with such tickets, the excellent ny-defense.com would be happy to help.

CDL Holder Convictions

Commercial drivers need to be particularly careful when they have been charged with a speeding violation because:

More severe convictions

Convictions for commercial drivers can carry more severe penalties than the same violations for non-commercial drivers because commercial drivers are considered to have an extra responsibility to traffic safety. As per ny-defense.com, it is, therefore, easier for a commercial driver to lose CDL privileges than a non-commercial personal license holder.

Lack of the usual safety nets

Commercial drivers don’t have the same safety net that non-commercial drivers do in the event privileges are suspended. If a non-commercial driver loses his/her privilege to drive, he/she is eligible for a restricted-use license to get to and from work. This is a safety net that a commercial driver won’t have available to him/her.

You don’t need to lose your driving privileges to suffer negative consequences

Finally, even traffic tickets that do not result in a loss of the privilege to drive a commercial vehicle can be extremely harmful. Many commercial vehicles are covered by an employer insurance policy, resulting in drivers losing their jobs as a result of being told that they would be too expensive to insure by their employers after a conviction.

If you have received a CDL speeding ticket in New York, then it can have very severe consequences on your livelihood and life, which is why it is in your best interest to consult with a knowledgeable and experienced New York traffic ticket attorney like the top-rated ny-defense.com.