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NY Traffic Tickets With Commercial Driver License (CDL)

Truck-drivers
Truck drivers (CDL license holders) can lose their license by receiving more then 3 serious traffic violation in a 3 year period.

A Commercial Driver License (CDL) is required by New York State to drive a vehicle weighing over 26,000 pounds, vehicles accommodating 15 or more passengers, including buses, and any vehicle used to transport hazardous material.

A CDL is only necessary when the above types of vehicles are used for a commercial or business purpose, and not a personal purpose.  For example, that is why a CDL is not required in order to drive a big U-Haul truck loaded with your personal belongings.

CDL Suspensions Put Your Job at Risk

Persons employed as commercial drivers depend on keeping their CDL in order to earn a livelihood and keep their job.  Commercial drivers risk losing their license for 60 days if they are convicted of two “serious traffic violations” within 3 a year period, while operating a commercial vehicle.  It is important to note that the convictions must be the result of two separate incidents. If the two violations happen at the same time, the 60-day suspension will not be applied. If a commercial driver is convicted of 3 serious traffic violations during a 3-year period, the result is that the suspension will be increased to 120 days.

Commercial driving frequently involves crossing state lines, and it is imperative that CDL holders realize that the above license suspensions apply whether the violations occur out-of-state as well as within New York State.

Which Violations are considered a serious traffic violation?

CDL holders are held to a stricter standard than drivers with regular licenses. Offenses that are usually considered run of the mill traffic tickets for regular drivers are classified as “serious traffic violations” for commercial drivers.

The following offenses are examples of those considered serious traffic violations:

  • Tailgating
  • Speeding by 15 miles or above
  • Unsafe lane changes
  • Traffic violations involving a fatal traffic accident
  • driving a commercial vehicle without a CDL

Certain offense will result in losing your CDL for an entire year, or 3 years in when transporting hazardous materials. These offenses include:

  • Driving a commercial vehicle with a blood alcohol level of .04% or higher (half the usual legal limit)
  • refusal to undergo blood alcohol testing
  • leaving the scene of an accident
  • operating a commercial vehicle with a revoked, suspended, or canceled CDL.
  • committing a felony involving the use of a vehicle

Although the general rule is that traffic offenses committed while driving your personal vehicles do not affect your CDL, there are a few notable exceptions to that rule.  Convictions for leaving the scene of an accident, violations related to alcohol and drug and felonies involving a motor vehicle will result in a one year suspension of your CDL for a first offense and lifetime CDL ban for a second offense, not mention the applicable points on your personal drivers license.

Commercial drivers who have been ticketed are strongly advised not to risk suspension or revocation of your CDL by seeking the representation of a competent attorney to advocate for your rights.

Attorney Adam H. Rosenblum is an experienced and skilled traffic violations attorney and provides expert and aggressive representation to commercial driver facing points on their driver’s license and the associated fines and surcharges.

6 thoughts on “NY Traffic Tickets With Commercial Driver License (CDL)”

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  1. Back in the time almost 3 years ago i was charged for speeding 41 miles above from the speed limit that was 50, i didn’t speak English and i decided to pay a lawyer and the judge found me guilty,is there anyway to appeal the ticket or is too late

    • Juan – while I would need more details to give you a definitive answer, the likely answer would be no. You are likely well past any appeal deadlines. Additionally, you were found guilty after retaining counsel – which is very different than pleading guilty before a trial.

  2. It was recommended that I resign my CDL, instead of DMV taking my CDL. Reasons being… All within one yrs. time…
    One -actual vehicle to vehicle collision. No ticket given.
    One-“dusting” of a fender, which other vehicle was parked in front of a No Parking sign. No ticket given.
    One-dented drivers door on other vehicle. 100% NOT RESPONSIBLE.(Owner said it made a HUGE sound. 15 students didn’t hear a thing AND windows were down.) No ticket given.
    One-Drivers mirror broke on another districts bus. No ticket given. My question is, What happens after yr. is up? Do I just go to DMV and have it reinstated OR do I have to take the written and road test all over again?

  3. I received a cell ticket in Brooklyn. Then a cell/speeding(73 in 50) in Staten Island. Total of 16 points. I will take a defensive driver course which I believe takes off 4 points. I am pursuing a career with the nyc dept. of sanitation. Already passed my medical/physical etc. I just have to get my CDL license. All of my offenses occurred in my car with my regular NY license. Should I get my CDL? Will the judge be more likely to suspend my license if I have a CDL?



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