Philadelphia Lawyer for CDL Moving Violations
A Commercial Driver's License - referred to as a CDL - is a requirement for occupations involving the use of certain vehicles. A violation reflected on the CDL of a driver may have gravely damaging repercussions. Many employers maintain surveillance over the status of their drivers as it directly influences their costs and profits. An employer will find that a driver with points on their license costs significantly more to insure than a driver with a clean license. It is even possible to lose CDL privileges altogether, making it impossible to maintain a job where a CDL is a prerequisite. If you are a CDL holder and have received a ticket, you need to do everything you can to protect your license. Call the Law Offices of Greg Prosmushkin, P.C. today. You need an attorney who will fight for you - and your job.
The Significance of Citations on CDL's
The gravity of a ticket for a CDL driver is typically far more than that upon a non-CDL holder. Tickets which may result in simply points and a small fine may cause a CDL holder to be suspended for a period of time. For example, two improper passing tickets which may amount to 6 points and fines for a non-CDL holder would result in an automatic 60 day suspension for a CDL holder - in addition to the points on their record and fines.
In Pennsylvania, offenses for CDL holders are divided into three groups: serious traffic offenses, railroad-highway grade crossing offenses, and major offenses. An accumulation of serious offense tickets will result in a suspension while only one offense will result in a suspension for railroad-highway grade crossing offenses and major offenses.
This breakdown is specific to Pennsylvania CDL holders. As such, some people are of the mistaken impression that if they are an out-of-state CDL holder that a ticket in Pennsylvania will not affect their out-of-state license. While it is true that the breakdown in the former paragraph may not apply, it is extremely likely, though, that their home state will impose their own sanctions for the offense.
The following are some of the ticketed offenses which will impact your CDL status:
• Improper passing on the right (3304)
• Improper passing on the left (3305)
• Improper passing on a hill (3306(1)(1))
• Improper passing at a railroad crossing or intersection (3306(a)(2))
• Improper passing at a bridge or tunnel (3306(1)(3))
• Driving roadways laned for traffic (3309)
• Following too closely (3310)
• Failure to yield in construction and maintenance areas (3326)
• Exceeding maximum speed limit 15 mph or more (3362)
• Exceeding special speed limit for trucks on downgrades (3365(c))
• Reckless driving (3736)
• Failure to obey signal indicating approach of a train (3341(a))
• Failure to comply with crossing gate or barrier (3341(b))
• Crossing RR when safe to do so (3342(a))
• Failure to stop at railroad crossings (3342(b))
• Failure to negotiate RR crossing (3343(a))
• Accidents involving death or personal injury (3742)
• Accidents involving damages to attended vehicles or property (3743)
• Accidents involving damages to unattended vehicles or property (3745)
• Driving a commercial motor vehicle without a valid CDL (1606(a))
• Refusal to submit to chemical testing (1613)
• Offenses specific to commercial motor vehicles (CMV) and/or CDL holders, such as: maintaining a false/inaccurate log book, not current log, over hours violations, fatigued driver, driving while out of service, overweight violations, unsafe equipment, non-English speaking driver
• Any misdemeanor or felony offense in which a CMV was used involving the manufacture, distribution, or dispensing of a controlled substance
• The commission of a misdemeanor or felony offense in which a court determines a CMV was essentially involved
• Any alcohol or drug related offense
Why Do I Need a Lawyer?
Do not make the mistake of not appreciating the potential severity of these tickets. The reality is that if you are a CDL holder and you are found guilty that your job is in very real jeopardy. You need to fight these tickets and win. Retaining the right traffic counsel to assist you is paramount. Your job may be at stake. Take this situation seriously and call a serious attorney. Call the Law Offices of Greg Promushkin, P.C. today to schedule an entirely free consultation.
This content was written on behalf of Greg Prosmushkin.