Could My CDL be Revoked if I got a Traffic Ticket in New York: 20 Facts | Law Office of James Medows

20 Jun Could My CDL be Revoked if I got a Traffic Ticket in New York: 20 Facts

Could My CDL be Revoked if I got a Traffic Ticket in New York: 20 Facts

As a commercial driver, you have an important job that requires a specialized license. Your CDL is essentially your certification to do your work, and you know that you will be unable to do your job without it as covered at ny-defense.com. This is why it is important to know if your CDL could be revoked if you got a traffic ticket in New York, a question this article will attempt to answer.

Revocation

A revocation of a driver’s license means that driving privileges are withdrawn by the issuing authority, subject to possible reinstatement if the driver license holder “cures” the problem that caused the revocation. A revoked driver’s license means your license has been fully canceled and cannot be reinstated. To get a license again, you will have to request approval from your state’s DMV, pay any driver civil penalties you owe, and go through your state’s licensing process as described at ny-defense.com.

Suspension

A suspension of a driver’s license means that driving privileges are removed for a specific period, such as 60 days. After the expiration of the period, the driver’s license is immediately eligible for reinstatement.

Serious traffic violations put your CDL at risk

Commercial drivers depend on keeping their CDL to earn a living and keep their jobs. Commercial drivers risk losing their license for 60 days if they are convicted of two “serious traffic violations” within 3 years while operating a commercial vehicle.

Will I lose my CDL for the first offense?

No. It is important to note that the convictions must be the result of two separate incidents as covered at ny-defense.com. If the two violations happen at the same time, the 60-day suspension will not be applied. Therefore, you are unlikely to lose your CDL after the first offense of a serious traffic violation.

Instances where a longer suspension may be issued

You should also remember that if a commercial driver is convicted of 3 serious traffic violations during 3 years, then the suspension of their CDL will be increased to 120 days.

Which violations are considered serious traffic violations?

The following offenses are examples of those considered “serious traffic violations” according to ny-defense.com:

Speeding 15+ mph over the limit

Tailgating

Unsafe lane changes

Driving a commercial vehicle without a CDL

Traffic violations involving a fatal traffic accident

Traffic offenses that will lead to one losing their CDL for longer

Certain offenses will result in losing one’s CDL for an entire year, or 3 years when transporting hazardous materials. These offenses include:

Driving a commercial vehicle with a blood-alcohol level of 0.4% or higher (half the usual legal limit)

Refusal to undergo blood-alcohol testing

Leaving the scene of an accident

Operating a commercial vehicle with a revoked, suspended, or canceled CDL

Committing a felony involving the use of a vehicle

What if I’m driving a personal vehicle?

As the excellent ny-defense.com points out, Commercial Driver’s License holders are subject to special rules and restrictions while operating a commercial motor vehicle. However, these rules and restrictions usually don’t apply when a CDL holder is driving a non-commercial, personal vehicle.

Speeding in a non-commercial vehicle

Excessive speeding in a CMV is a “serious traffic violation” as already mentioned, and can lead to CDL revocation or suspension. However, this designation applies only to speeding while operating commercial motor vehicles. A speeding ticket in a non-commercial vehicle is generally not considered a serious violation and won’t result in a federally mandated CDL revocation.

Exceptions when driving personal vehicles

While the general rule is that traffic offenses committed while driving one’s personal vehicles don’t affect a CDL, there are a few notable exceptions to that rule. Convictions for leaving the scene of an accident, violations related to alcohol and drugs, and felonies involving a motor vehicle will result in a one-year suspension of a CDL for a first-time offense and a lifetime CDL ban for a second offense.

Accumulation of points

Additionally, as articulated at ny-defense.com, many states, including New York, use a license demerit point system. In these states, many traffic violations (committed in either a CMV or personal vehicle) will result in the DMV assessing points against the driver’s record. Too many accumulated points will result in the suspension of both commercial and personal driving privileges.

Permanent CDL disqualification

While a second major offense such as DUI, refusing a chemical test, leaving the scene of an accident, and others mentioned earlier, will result in lifetime disqualification, you may be allowed reinstatement after 10 years. However, using a CMV for human trafficking or controlled substance distributions will result in a permanent lifetime CDL disqualification, without the possibility of reinstatement.

How many points are needed before a CDL is suspended in New York?

In New York, your license will be suspended if you receive 11 points within 18 months. With a CDL, you also face suspensions if you receive two or more serious violations within three years as already mentioned.

Will a speeding ticket lead to suspension or revocation?

If you receive a speeding ticket for going at least 15 mph over the speed limit, the State of New York considers it a serious violation. If you receive two or more serious violations within three years, then your license will likely be suspended.

Is it an automatic suspension if I get a DUI?

Any DUI can lead to a one-year suspension of a CDL as already mentioned. However, as pointed out by ny-defense.com, if you are driving your personal vehicle when the DUI occurs, your suspension will only last for 90 days.

Understand the legal BAC limits as a CDL driver

In 2009, the New York State Assembly, as discussed at ny-defense.com, updated the DWI offenses that are specific to driving a commercial vehicle. Vehicle and Traffic Law section 1192(5) and 1192(6) make it an offense to drive a commercial vehicle with a specific blood alcohol content (BAC). CDL holders need to be aware that the legal BAC limits for these two offenses are less than the legal BAC limits for conventional DWI offenses.

CDL holders are held to a higher standard than other drivers when it comes to BAC

CDL holders in New York are held to a higher standard than other drivers on the road, because CDL holders may be charged with a violation for having a BAC of .04 to.06, while non-CDL holders may be charged with a violation for having a BAC of .05 to .07.

It is a misdemeanor to operate a commercial vehicle with a BAC of .06 to .08

Vehicle and Traffic Law section 1192(6) makes it a misdemeanor to operate a commercial vehicle with a BAC of .06 to .08. This means that, unlike non-CDL holders, who are not subject to criminal charges when driving with a BAC under .08, a CDL holder may now be charged with a crime, and subjected to the penalties that follow, for driving with a BAC under .08 according to ny-defense.com.

There is no statute of limitation for DWI related offenses for CDL holders

Unlike a regular driver’s license, which is affected by prior DWI-related offenses that occurred within 10 years of a current charge or conviction, a CDL is affected by any prior DWI-related offenses, no matter how long ago it was committed.

No hardship of conditional privileges available for CDLs

Finally, normally a person who possesses a regular driver’s license, and is charged with or convicted of a DWI related offense, will be given hardship driving privileges, and/or a conditional license, allowing them to drive for purposes of attending work, school, going to medical appointments or caring for a family member. This is not the case with CDL as, unfortunately, New York doesn’t allow any hardship or conditional driving privileges in regards to driving a commercial vehicle. A CDL holder will still be eligible for these privileges in regards to driving a regular vehicle, but won’t have the privileges to drive a commercial vehicle until the resolution of their case, and the end of the sentence imposed.

If you are facing the threat of the revocation, suspension, and cancelation of your New York CDL, then don’t hesitate to reach out to ny-defense.com for assistance.