CDL Violation

CDL DRIVERS ARE BEING TARGETED BY STATE TROOPERS IN MICHIGAN FOR NUMEROUS CDL VIOLATIONS.
NEW LAW: CDL DRIVERS ARE REQUIRED TO NOTIFY THEIR EMPLOYER, IN WRITING, OF ANY TRAFFIC VIOLATION OTHER THAN A PARKING TICKET WITHIN 30 DAYS OF THEIR CONVICTION.

GOOD NEWS IS: A CDL TRAFFIC TICKET LAWYER  CAN PREVENT YOU FROM GETTING “CONVICTED”, THUS PROTECTING YOUR RECORD AND PREVENTING ADVERSE EMPLOYMENT CONSEQUENCES.
CDL SUSPENSION FOR TRAFFIC OFFENSES (IF CONVICTED)

If you have a CDL and are convicted of certain major or serious traffic offenses (as defined by federal regulations, 49CFR §383.51) while operating either a CMV or noncommercial vehicle, your CDL will be subject to suspension or revocation. Your operator or chauffeur license may also be affected, depending on the traffic offense, and your privilege to operate a noncommercial vehicle may be restricted, suspended or revoked.Other traffic convictions that result in the suspension or revocation of your operator or chauffeur license when you were driving a noncommercial vehicle will also suspend or revoke your license to operate a CMV.

The following information explains the various traffic offenses, convictions for major and serious offenses, drug or alcohol-related offenses and railroad crossing offenses if those offenses were committed while operating a CMV.

Major Traffic Violations

  • Under the influence of alcohol.
  • Having an alcohol concentration of 0.04 or greater while operating a CMV.
  • Operating under the influence of a controlled substance.
  • Refusing to take an alcohol test.
  • Leaving the scene of an accident.
  • Using the vehicle to commit a felony.
  • Causing a fatality through the negligent operation of a CMV
  • Using the vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance.

Operating a CMV only while CMV privileges are suspended, revoked, cancelled or disqualified. If charged and convicted for any of the major traffic offenses listed above while driving any type of motor vehicle, your privileges to operate a CMV for a:
First conviction:
1-year suspension
3-year suspension if transporting hazardous materials when stopped;
Two convictions separate incidents 10-year revocation minimum.Conviction for:
Reckless Driving,
Negligent Homicide,
Fleeing/Eluding
Law Enforcement: 1-year suspension of CMV privileges;
Committing a felony involving the manufacture, distribution or dispensing of a controlled substance: CMV privileges revoked for life.
Serious Traffic Violations

– Speeding 15 mph or more over the posted limit.
– A traffic violation connected with a fatal accident.
– Following too closely.
– Reckless driving.
– Changing/using lanes erratically/improperly.
– Operating a CMV without a CDL.
– Operating a CMV without a CDL in the driver’s possession.
– Driving a CMV without proper class of CDL and/or endorsements.
– Improper or erratic lane changes.

If charged and convicted for any of the serious traffic violations while operating a CMV or are a CDL holder and operate a noncommercial vehicle, your privilege to operate a CMV will be suspended for:
2 convictions, separate incidents within 3 years: 60 days.
3 or more convictions, separate incidents within 3 years: 120 days suspension of your CMV privileges.
Also, depending on the severity of the traffic conviction, your noncommercial vehicle privileges may also be
suspended, which will include your privilege to operate a CMV.
If charged and convicted for a railroad crossing violation listed above, your CDL will be suspended for:

– First conviction: 60 days.
– Second conviction within three years: 120 days.
– Three or more convictions within three years, separate incidents: 1 year.

Points assessed for convictions
A major, serious or railroad crossing conviction will also be assessed for points and posted to your driving record.
If you accumulate a total of 12 or more points within a two-year period, Driver Assessment, by law, may require your appearance at a re-examination to assess your driving activities and to determine if a suspension or revocation of your driving privilege is required.
What about serious alcohol violations while operating a CMV?
Ordered out-of-service for 24 hours if you:

– Refuse to take a preliminary breath test (PBT).
– Consume alcohol within four hours prior to operating a CMV.
– Consume alcohol while operating a CMV; or
– Have a bodily alcohol content (BAC) of 0.015 grams or more per 100 milliliters of blood, per 210 liters of breath or                                                                         per 67 milliliters of urine.

Other alcohol violations: If you have consumed too much alcohol, you may be charged with:

– Operating while intoxicated.
– Operating with a high bodily alcohol content of 0.017.
– Operating while impaired by liquor.
– Operating with a BAC of 0.04 < 0.08 grams per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine.
– Operating while under the influence, while intoxicated or with a high bodily alcohol content causing serious injury or death.

Contact Glenn McCandliss for Free Consultation