CDL Drivers With NY Traffic Tickets

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Receiving a New York traffic ticket if you are CDL license-holder such as a truck driver is much more serious than if you are the holder of a regular New York driver’s license.  As will be explained, the penalties for holders of a commercial driver’s license (CDL) are broader and more severe.  Simple traffic tickets can terminate your livelihood for significant period of time.

 

4 Points of Difference

Four points of difference between NY traffic tickets issued to a holder of a CDL and a holder of regular NY driver’s license:

  1. If you are convicted of two “serious traffic violations” involving a commercial vehicle within a three-year period, you will lose your CDL for 60 days.  If you are convicted of three “serious traffic violations” in three years, then you lose your CDL for 120 days.  The convictions of the “serious traffic offenses must not arise from the same incident.  Following is a list of “serious traffic violations”:
  • Speeding 15 or more above the posted limit
  • Reckless driving
  • Improper or unsafe lane changes
  • Tailgating
  • Traffic offenses committed in connection with a fatal traffic accident
  • Operating a commercial motor vehicle without a CDL
  • Many trucking-related tickets for NY truck drivers carry criminal penalties.  A criminal record results in large fines, license suspension and higher auto insurance rates.
  • If you are not working and receive a ticket while driving a private vehicle, your Commercial Driver’s License (CDL) may still be affected by the ticket.  As will be discussed later, the risk of revocation or suspension of a CDL is very serious.
  • If you receive a ticket while driving a truck and fail to answer it, the default judgment fine is large and can exceed $1,000.

The most significant difference between CDL and regular driver’s license is in revocation of driving privileges.  It is important to note that when your license is revoked, in order to restore it, you must start from step one of the driver license application process as if you were a new driver, whereas when your license is suspended, you can restore your previously held license after the suspension period.

Your CDL will be revoked for a minimum of one year if the driver commits a major traffic offense (MTO).  Here is a list of possible MTOs:

  • Leaving the scene of an accident.
  • Refusal to submit to a breathalyzer test.
  • Conviction of driving while impaired because of alcohol or drugs.
  • Felony conviction involving the use of an auto or truck.

Permanent Revocation of your Commercial Driving Privileges will occur if the driver commits one of the MTOs previously stated and the driver previously did one of the following:

  • Refused a breathalyzer
  • Convicted of an MTO while driving another car
  • Convicted of leaving the scene of an accident.
  • Convicted of a drug or alcohol related offense.
  • Convicted of a felony involving the use of an automobile.

For a holder of a CDL, your livelihood is dependent on your driving privileges.  Therefore, if you are a truck driver who has been issued a NY traffic ticket, it is extremely important to hire an aggressive New York traffic lawyer who can help you lessen the severity of the charges.  Call 888-883-5529 to speak with an attorney at The Rosenblum Law Firm.