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CDL License Penalties
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In New York a Commercial Driver's License is needed to drive several types of vehicles, such as one with a gross weight over 26,000 pounds, or to transport hazardous materials. New York truck convictions for overweight load, equipment violations, and/or moving violations such as speeding can have serious consequences on a person's Commercial Driver License (CDL). The New York State DMV will pull your CDL for 60 days if you are convicted of two "serious traffic violations" within a 3-year period involving a commercial motor vehicle. You will lose your CDL for 120 days if you are convicted of 3 serious traffic violations within a 3-year period involving a commercial motor vehicle. If you are licensed for a CDL in NY State the serious violation conviction that can get you suspended can occur anywhere, not just in New York City of New York State. Furthermore, it is a violation to fail to report to the NYS DMV any traffic conviction that occurred outside of New York State.
The serious traffic violations that will result in a suspension of your CDL privileges when operating a commercial vehicle are speeding at least 15 MPH over the limit, lane change violations, reckless driving (which in NY is a misdemeanor crime and not an infraction), tailgating, an accident in which there was a fatality and the CDL driver received a traffic conviction, and operating a commercial vehicle w/out a CDL. In addition, a CDL holder accrues a serious violation against his privileges when convicted of leaving the scene of an accident and felonies involving a motor vehicle whether driving a commercial or non-commercial vehicle.
Alcohol and drug convictions arising out of use of either a non-commercial or commercial vehicle results in a 1 year loss of CDL privileges for a 1st offense, and if convicted of a second offense CDL privileges are lost for life. Driving a commercial vehicle while under suspended or revoked is a mandatory 1 year suspension.
When the conviction is DWI or DUI, a 1 year loss of CDL privileges will result if the blood alcohol level was .04 or above. Further, a conviction of "common law" DUI, i.e., even if your BAC was less than .04% but you were nonetheless convicted, will likewise result in a 1 year loss of CDL. Moreover, if a CDL holder refuses a blood alcohol test the CDL will be suspended for 1 year. And if convicted of an alcohol or drug related offense while engaged in the transportation of hazardous materials the CDL will be suspended for a minimum of 3 years. Upon a second alcohol or drug related driving conviction the penalty is loss of lifetime CDL privileges.
Commercial motor vehicle equipment violations often result in the vehicle being placed out of service until repaired. A CDL holder can lose his privileges upon out of service violations for successive periods of 90 days, 1 year, or 3 years depending on how close together in time the violations occurred and what the specific violation was. Things that effect the safe operation of a the commercial vehicle, such as breaks and steering, are violations that could result in loss of CDL privileges.
At our law firm we strive to get the charges reduced or dismissed so that you can stay on the road. We give a money back guarantee to reduce or eliminate the points, charge 1 low flat fee, and make it so that you never have to come off the road to go to court.
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