Commercial Driver’s License Violations in Richmond
If you are a commercial truck driver in Virginia, you likely cannot afford to lose your commercial driver’s license (CDL), even for a short period. Truck drivers cannot operate a commercial vehicle without a CDL. The strict rules drivers must follow can make keeping your CDL a challenge. A commercial driver violation could cost you your livelihood and additional penalties, depending on the specific violation.
Virginia commercial driver violations lawyer Samantha Upton knows how tough the trucking industry is and how a violation can impact a driver’s life. Samantha has handled thousands of criminal and traffic cases and has helped many commercial drivers who have been cited for a violation. Samantha has the skill and resources to help you get a violation dismissed, minimize the potential penalties for a violation, and keep the charges off your driving record.
Contact Upton Law, PLLC, today for a free case review.
Common Types of Commercial Driver Violation Cases
Upton Law, PLLC, is prepared to help if you’ve been ticketed for any of the following traffic violations:
- Speeding – Like any other motorist, commercial drivers must follow posted speed limits. Too many speeding violations can lead to the loss of a driver’s CDL.
- Driving without CDL in possession – Commercial truck drivers must have their CDLs on them while they operate their vehicles. Doing so without a CDL in your possession can lead to the loss of your license.
- Railroad violations – A collision between a train and a commercial truck can have catastrophic consequences, which is why truck drivers can go over railroad crossings only if they know the truck has sufficient undercarriage clearance. A truck driver who breaks railroad crossing rules could face a driver violation.
- DUI – Truck drivers can be cited for driving with any amount of alcohol or drugs in their system if their driving performance is affected. Driving with a blood alcohol concentration (BAC) level of 0.04 percent or higher is grounds for an automatic violation.
- Reckless driving – Commercial truck drivers may be cited for reckless driving behaviors like weaving through traffic, making unsafe lane changes or merges, aggressive passing maneuvers, and following too closely, for example.
- Lane violations – On many roads, trucks are restricted to driving in certain lanes. Being caught driving outside of these specified lanes is a violation that could lead to CDL revocation.
- Weight violations – As a safety measure, trucks are required to follow certain weight guidelines, which vary depending on the specific configuration of the truck. Truck drivers caught carrying loads that exceed weight regulations can be cited for a violation.
- Logbook violations – Truck drivers must keep logs of their travel schedule, how often they stop, the truck’s maintenance history, and other information. A driver whose official logbook does not accurately reflect this information for whatever reason could face serious consequences.
What Are the Penalties for Commercial Traffic Violations?
According to the Virginia DMV, some of the potential penalties for commercial driver violations include:
- Driving without a valid CDL – 60-day disqualification of your license for two violations in a three-year period, 120-day disqualification for three or more violations in a three-year period
- Driving without the correct CDL endorsements for the type of vehicle or cargo – 60-day disqualification of your license for two violations in a three-year period, 120-day disqualification for three or more violations in a three-year period
- Violating an out-of-service order – 180-day disqualification for a first conviction, three-year disqualification for any subsequent convictions
- DUI – CDL disqualification for 60 days to life, depending on the circumstances of the offense
- Railroad crossing violation – 60-day disqualification for a first offense, 120-day disqualification for a second offense in three years, and one-year disqualification for a third offense in three years
How Traffic Violations Affect Your CDL Qualifications
Depending on the specific violation you are cited for, you could lose your CDL for a period ranging from 60 days to the rest of your life. During this disqualification period, you will be unable to legally operate a commercial vehicle, and operating a commercial vehicle without a valid CDL could get you into bigger trouble.
Accumulating Points on a Commercial Driving Record
Traffic violations in Virginia add demerit points to your DMV record, regardless of whether you are driving a commercial or private vehicle. Depending on the specific offense you are convicted of, you could see three points, four points, or six points added to your record. If you accumulate 18 demerit points in 12 months or 24 points in 24 months, your driver’s license will be suspended.
How a CDL Violations Lawyer Can Fight to Keep Your Record Clean
Some commercial drivers simply pay the fine if they are cited for a traffic violation, which can seriously affect their jobs. A CDL violations lawyer can help you avoid costly penalties by:
- Showing you are not guilty of the violation or suppressing illegally obtained evidence to have the violation dismissed
- Negotiating a plea agreement to keep the violations off your driving record
- Working with prosecutors to minimize the number of points on your driving record and other potential penalties, such as fines
- Requesting a trial if you choose to fight the allegations in court
Contact Samantha Upton Now for a Free Consultation
Don’t put your career and your livelihood in jeopardy by simply paying the fine or otherwise accepting guilt. Contact Upton Law, PLLC, today to speak with a Virginia commercial driver violations lawyer about your case.