Commercial Driver’s License (CDL) Moving Violations

Last updated on June 29, 2021

At Driver Defense Team, our Illinois commercial driver’s license traffic attorneys are skilled, experienced advocates for our clients. If you are a CDL operator and you have been cited for a moving violation or a serious traffic offense, we work to protect your rights and save your license. For a no-fee, fully private case evaluation with an experienced CDL lawyer, please contact us today.

Illinois Law: Commercial Drivers Held to Higher Standard

As noted by the Office of the Illinois Secretary of State, drivers must satisfy a number of different requirements to obtain a Commercial Driver’s License. Simply put, driving a Commercial Motor Vehicle requires a higher level of knowledge, experience, skills, and physical abilities than that required to drive ordinary vehicles. Holding a CDL means that you are held to a higher standard than other drivers in the eyes of the law. If you are cited for a violation, there could be serious consequences.

Serious Traffic Violations in a Personal Vehicle Can Affect Your Commercial Driver’s License

Commercial drivers in Illinois must understand that certain traffic violations can affect your CDL even if you are driving your personal or Non-CMV. These types of violations are called “Serious Violations.” It is crucial that you understand the difference between Serious and Non-Serious violations.

Notably, Illinois has adopted the Federal Motor Carrier Safety Administration (FMCSA) regulations in regards to Serious Violations for commercial operators (49 C.F.R § 383.51). Additionally, Illinois has a provision in its law that states the Secretary of State (SOS) may determine any violation relating to motor vehicle traffic control to be serious. The SOS considers forty-four additional traffic violations to be Serious Traffic Violations. These forty-four violations are contained in the Illinois Administrative Code (92 Ill. Admin. Code 1040.20). This means that in Illinois there are fifty-two different violations that are considered Serious Traffic Violations.

Why You Can Rely on Our Chicago CDL Lawyers

CDL cases are complicated. If you have been accused of committing a serious traffic violation, even if in your personal vehicle, it is imperative that you consult with an experienced attorney. Paying a ticket or pleading guilty could affect your commercial license. At Driver Defense Team, our team of lawyers is in the courtroom every single day advocating for clients. We understand how the process works. Among other things, our Chicago CDL traffic defense lawyers are prepared to:

• Conduct a comprehensive assessment of your case;
• Explain the implications of the ticket/charge and your rights and options;
• Investigate the matter, gathering relevant evidence; and
• Take aggressive action to protect your rights and save your license.

Commercial Driver’s Licenses: Frequently Asked Questions (FAQs)

What is considered a “serious violation” under the FMCSA?

The FMCSA identifies ten violations that are considered Serious Traffic Violations:

1. Speeding excessively, involving any speed of 15 m.p.h. or more above the posted speed limit;
2. Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;
3. Making improper or erratic traffic lane changes;
4. Following the vehicle ahead too closely;
5. Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident;
6. Driving a CMV without obtaining a CDL;
7. Driving a CMV without a CDL in the driver’s possession;
8. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported;
9. Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV; and
10. Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.

Will My Commercial Driving Privileges Be Suspended?

It is possible. Under Illinois law, a Commercial Driver’s License can be suspended if an operator commits at least two Serious Violations within three years. If you have been accused of a second major traffic violation in the last three years, you need to call an experienced Chicago CDL defense attorney. Your attorney will take action to protect your rights and your job.

Should I Request Court Supervision?

No! Although court supervision is a sensible option for some drivers in Illinois, it is a mistake for a CDL operator. As a general matter, Illinois treats court supervision as a conviction when it comes to commercial drivers. Put another way, court supervision could potentially result in your CDL being disqualified. Do not request court supervision without speaking to a CDL ticket attorney.

Can I Remove A Prior Traffic Ticket from My Record?

For some drivers, this is an opinion. At Driver Defense Team, our Chicago CDL lawyers will review every option to preserve your license. Depending on the specific circumstances of the case, it may be possible to get a previous traffic ticket vacated. For more information, please do not hesitate to call our law office.

Contact Our Illinois CDL Defense Lawyers Today

At Driver Defense Team, our Chicago CDL ticket lawyers are skilled, aggressive advocates for our clients. If you have a Commercial Drivers License and you are charged with a Serious Traffic Violation in Illinois, it is important to take it seriously. The implications resulting from receiving even a single conviction can have lasting effects. To schedule a free, completely confidential case evaluation, please contact our legal team now. With office locations in Stone Park and Chicago, we represent commercial drivers in Cook County and DuPage County.