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CDL Violation

Our Practice Area
KUCHINSKI LAW GROUP

CDL Violation in Illinois

A Commercial Driver's License (CDL) is granted by the State of Illinois to an individual in compliance with the requirements of the federal Commercial Motor Vehicle Safety Act of 1986, which permits the individual to operate a class of commercial motor vehicle, according to the Illinois General Assembly (625 ILCS 5/6). Since commercial drivers are essential to Illinois's economy and transportation system, the importance of CDL laws in the state cannot be emphasized.

According to recent data from the Illinois Department of Transportation road safety and economic stability are significantly impacted by events involving commercial vehicles. There are approximately 53,560 CDL truck drivers in the Chicago-Naperville-Arlington metropolitan area according to the U.S. Bureau of Labor Statistics (May 2023), therefore upholding stringent adherence to rules is crucial for public safety.

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What is CDL Defense?

CDL defense refers to advocacy and legal counsel designed especially for commercial drivers who are involved in accidents, traffic infractions, or regulatory issues. Unlike typical traffic charges, CDL tickets can have immediate and long-term consequences for a driver's ability to maintain employment and earn a living. The defense process includes administrative hearings with state and federal transportation authorities as well as traffic court trials.

Expert CDL defense lawyers strive to protect drivers in all kinds of circumstances. When a commercial driver is issued a ticket or faces charges, the defense attorney's responsibility begins with a thorough investigation of the circumstances surrounding the incident. Examining evidence like dash cam footage, logbooks, witness accounts, and police records is part of this process. Defense tactics sometimes include contesting the validity of traffic stops, raising doubts about the reliability of testing equipment, making sure the right protocols were followed during inspections, and negotiating with prosecutors to lower charges or penalties.

The objectives are minimizing the effect on the driver's record and preserving their ability to work in the transportation sector. Professional drivers need CDL traffic ticket lawyer for several reasons. Most importantly, it protects their primary source of income. Commercial drivers need a valid CDL, and losing one, even for a short time, can lead to severe financial issues and an instant loss of employment. Multiple infractions might make it difficult to find future work in the trucking sector, as many insurance firms and truck driving companies have stringent standards about drivers' records.

Common CDL Violations and Penalties

Regular drivers are not held to the same standards as commercial drivers, and even slight infractions can have a major impact on a truck driving career. Here are some of the most common CDL violations and their potential penalties:

  1. Speeding:

Commercial vehicle speeding attracts serious fines, especially when it exceeds the speed limit by 15 mph. A 60-day CDL disqualification is usually imposed for first offenses, and bans of 120 days or even a year may be imposed for further infractions within three years. Carriers have to deal with rising insurance premiums and possible contract termination.

  1. Following Too Closely (Tailgating)

Tailgating or following too closely is a dangerous driving habit popular among CDL drivers. The braking distance needed by large commercial vehicles is much greater than that of passenger cars, and tailgating impairs the driver's reaction to sudden stops or obstructions. This violation endangers not only the CDL driver's safety but also that of other motorists. Following too closely might result in penalties, points on the driver's record, and possibly higher insurance costs.

  1. Hours-of-Service (HOS) Violations

Drivers who exceed the maximum driving time limitations or neglect to keep correct logbooks violate the Hours of Service. Currently, drivers are permitted to drive for 11 hours out of a 14-hour workday, with 10 hours off duty in between. Infractions may lead to:

  • First offense: Penalties between $1,000 and $5,000.
  • Second offense: When occurred within three years, doubled penalties and a potential suspension of 60 days.
  • Third offense: Possible criminal prosecution and license cancellation.

There are further penalties for Electronic Logging Device (ELD) infractions, such as manipulating devices or keeping fraudulent records. Carriers may be subject to out-of-service orders and fines of up to $10,000 from the Federal Motor Carrier Safety Administration (FMCSA) for each offense.

  1. Equipment Violations

Vehicle maintenance violations cover a wide range of offenses, from minor equipment problems to significant safety concerns. Common issues include:

Brake system defects carry some of the severe sanctions, with first-time offenders facing fines of up to $2,500. Multiple infractions may lead to carrier audits and vehicle impoundment. Penalties for tire breaches, such as inadequate tread depth or incorrect inflation, usually range from $500 to $2,000 per incident.

  1. Driving Under the Influence (DUI)

Driving under the influence (DUI) is considered one of the most serious CDL offenses. Commercial drivers in Illinois face a one-year suspension for their first violation with a Blood Alcohol Content (BAC) of 0.04% or greater, which is much lower than the 0.08% level for regular drivers. A second infraction results in a lifelong ban from commercial driving.

Commercial drivers need to be mindful of these infractions and take all the appropriate safety measures to stay clear of them. A successful career in truck driving requires maintaining a spotless driving record.

Protecting Your CDL and Career

Understanding the dangers, executing preventive measures, and maintaining professional standards are all part of protecting your CDL, which keeps you employed and insurable in the transportation sector. Many carriers have stringent policies that regardless of a driver's prior performance or work history, automatically terminate them after major infractions.

Thorough pre-and post-trip inspections are your first line of protection against noncompliance. Keep thorough records of every inspection, highlighting any little concerns that might become major ones. Maintain detailed records of all repairs and maintenance actions, since they can be extremely useful during compliance assessments or following incidents. Never feel compelled to drive over the speed limit or fake log entries. ELDs generate permanent data that may be used against you in violation. Rather, be transparent and honest with dispatchers regarding reasonable delivery schedules and necessary breaks.

How Kuchinski Law Group Can Help

The Kuchinski Law Group specializes in a number of legal areas, including CDL defense and traffic law. This law is complicated and includes both state-specific laws and federal regulations (FMCSRs). Sergei Kuchinski has a full understanding of these complex legal systems, allowing us to effectively discuss the complexity of each case. He is aware of pertinent court rulings and legal precedents that may affect a CDL case. Our CDL traffic ticket lawyer creates effective defenses and can make persuasive arguments on behalf of our clients. Drivers can improve their chances of battling infractions and preserving their livelihoods by working with Kuchinski Law Group. The attorneys' knowledge, commitment, and proficiency with CDL ticket law can impact the outcome of the case.

Contact Us for a Consultation

If you're a commercial driver dealing with a traffic violation or another legal issue that could affect your CDL, don't wait until it's too late. We at Kuchinski Law Group are committed to defending the rights of commercial drivers and are aware of the complexities of CDL tickets.

Contact us at (312) 765-7365 today for a confidential consultation. We'll review your case, explain your options, and help you understand how we can protect your CDL and your future.

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What Our Clients Say

  • I couldn't be any happier with Sergei Kuchinski. Sergei is nothing short of amazing. He is professional, understanding, and emphatic. He really take your case with extreme care. He goes through every detail and consistently keep you in the loop of every step and know of what to come next, and give you the best advice on what to do. I highly recommend him.

    Vasyl Churilov
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    Also had a great outcome!

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  • Very professional group of individuals, was always able to get in touch with someone to work out whatever problems or questions that I had towards my Court case, I didnt felt as if I was just paying money to someone that didn’t care and that’s a plus for me ,  Thank you Sergei 🙏

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    Gediminas Grasys
  • Not a lawyer but a miracle worker 10/10

    Simon Sehter

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