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Has a serious or major violation put your CDL in jeopardy?

Perhaps you drive a truck for a living, and you have had a clean driving record until recently.

Unfortunately, you made a mistake that may cause you to lose your commercial driver’s license. What will happen now?

The road to disqualification

There are several major violations, any one of which could disqualify or prohibit you from driving a commercial vehicle:

  •         Failing to stop at the scene of an accident involving your commercial vehicle that causes injury or death
  •         Using a commercial vehicle to commit a felony
  •         Making a false statement on an application for a CDL
  •         Driving a commercial vehicle with a blood alcohol concentration level of 0.04 percent or above
  •         Refusing a blood or breath test as a commercial driver

For a first offense, you are looking at a one-year disqualification. If you become a repeat offender, the penalty is lifetime disqualification.

Other violations

The Department of Motor Vehicles can also disqualify you as a commercial driver if you face charges of a serious violation such as reckless driving, following another vehicle too closely, texting while driving, changing lanes erratically, speeding at a rate of 15 miles per hour or more above the posted speed limit or committing a moving violation related to a fatal crash. If the court convicts you of two such serious violations within a period of three years, you will receive a 60-day disqualification. For three or more within a period of three years, the penalty is a 120-day disqualification.

Next steps

Your clean driving record will help with the effort to mitigate the charges against you. With an advocate by your side, you may be able to avoid hefty fines and the addition of points to your record. However, the court may order you to participate in an alcohol or drug counseling program, attend driver’s training classes or provide community service. While you may have to requalify to regain your CDL, the goal is to keep it by making no further mistakes as a commercial driver.

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Boyce, Leahy & Francescon, Lawyers
9300 Grant Avenue, Suite 200
Manassas, VA 20110

Phone: 703-656-7349
Fax: 703-361-6666
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