CDL Violations Attorney in Lake County
Lawyer for Commercial Driver’s License Suspensions in Barrington Hills and Gurnee
If you hold a commercial driver’s license (CDL), you probably rely on it for your livelihood. Your CDL offers you the chance to earn a living operating local delivery trucks, over-the-road big rigs, and other large, commercial vehicles. Obtaining and maintaining a CDL is a privilege, however, and having your CDL suspended could have a dramatic impact on your life. At the Law Offices of Matthew R. Gebhardt, P.C., we are equipped to help those facing violations that could result in a CDL disqualification.
Understanding the Law Regarding CDLs
In the state of Illinois, the Office of the Secretary of State is responsible for all matters related to the licensing of drivers, including commercial driver’s licenses. CDL holders are generally held to a higher standard than “regular” drivers. While any driver could face the suspension of their license for repeated moving violations and other offenses, there are other, stricter regulations for those with a CDL, and some of them even apply if the CDL holder is operating a non-commercial vehicle.
There are four categories of offenses that could lead to the suspension or disqualification of a CDL, including:
- Major traffic offenses: A CDL holder who uses a commercial vehicle in the commission of a felony, causes a death by negligent operation of a commercial vehicle or operates a commercial vehicle with a disqualified, suspended, or revoked CDL could result in the disqualification of his or her CDL. Leaving the scene of an accident, driving with a blood-alcohol concentration (BAC) of 0.04 or higher or refusing a BAC test could also lead to a disqualification, even if the offense occurred in a private vehicle. For a first major offense, your CDL will be disqualified for one year (three years if transporting hazardous materials). A second violation could result in a lifetime disqualification;
- Serious violations: Illinois law identifies certain traffic offenses as serious either in a commercial or non-commercial, including excessive speeding, reckless driving, improper lane changes, following too closely, and causing a death while violating a traffic law. Operating a commercial vehicle without a CDL is also a serious traffic violation. A second serious violation in three years will result in a 60-day disqualification, and a third in three years will result in a disqualification for 120 days;
- Railroad crossing violations: Operators of commercial vehicles are required to follow strict rules at railroad crossings. Railroad Highway Grade Crossing (RRHGC) violations include failure to slow down and check that the tracks are clear, failure to stop as required, and more. The disqualification periods for RRHGC violation are at least 60 days for a first offense, at least 120 days for a second offense in three years, and a least one year for a third or subsequent offense in three years; and
- Out-of-service violations: If you or your commercial vehicle has been placed out of service for any reason, violating the out-of-service order will result in the disqualification of your CDL. Depending on the cargo being transported, the disqualification will last for up to two years for a first offense and five years for a second offense within 10 years. A third offense also results in a suspension of up to five years.
A CDL Lawyer You Can Trust in Lake County
Whether you are an Illinois CDL holder charged with a violation or you were ticketed while passing through Illinois, the Law Offices of Matthew R. Gebhardt, P.C. are equipped to help you protect your rights and your livelihood. Contact our office to discuss your case and your available options. Call 773-898-8745 or 847-239-4703 for a free consultation today.