Whether you work for a trucking company, moving operation, or delivery service, your commercial driver’s license (CDL) is necessary for your job. Earning your CDL in New York isn’t easy. You must pass a written test to receive your commercial learner permit and pay an application fee. Then you need to complete practice hours with a CDL supervisor, and finally, pass a road test. Yet, after all these requirements you could lose your CDL in a flash following a Long Island traffic ticket.
As a Long Island traffic lawyer, I regularly speak with CDL holders that are surprised by the impact their traffic ticket or moving violation could have on their license and employment. Will you Long Island traffic ticket hinder or impede your CDL? These are five instances that should raise concern.
#1: Leaving the Scene of an Accident
Whether you are driving a commercial vehicle or your personal car when an accident occurs the worst thing you can do is flee the scene. In New York, leaving the scene of an accident, even if you aren’t at fault for the original accident is a moving violation. More specifically, leaving the scene is a moving violation punishable by suspension of your CDL.
Plus, it becomes far more difficult for a Long Island traffic lawyer to build your defense to a separate moving violation or traffic ticket, if you didn’t stay at the scene and speak to the police.
#2: Excessive Speeding in Any State
What happens if you hold a CDL in New York, but receive a speeding ticket in another state? Typically, a single speeding ticket doesn’t result in a suspended license, whether issued in New York or elsewhere. You do want to pay careful attention to the number of points this ticket will add to your license, but a Long Island traffic lawyer encounters few, if any, drivers facing suspension for one or two speeding tickets.
However, there is a big exception. Excessive speed, usually going 15 miles per hour above the speed limit or more, is considered a serious traffic violation. The CDL rules in New York say a commercial driver can lose his or her CDL for 60 days if convicted of two or more serious traffic violations in any three-year period. Excessive speeding tickets are a serious traffic violation no matter what state issues the ticket, so speak with a Long Island traffic lawyer if you are facing a second violation.
#3: Unsafe Lane Changes and Tailgating
What are the other citations considered serious traffic violations in New York? Two of the most common are unsafe lane change and tailgating.
In my role as a Long Island traffic lawyer, I discuss the specifics of traffic tickets and moving violations with CDL holders each and every week. More often than not, commercial drivers have an excuse or good argument for committing an unsafe lane change or tailgating. Want to work with a lawyer willing to hear your side of the story before it’s too late? Let’s talk today.
#4: Refusing to Undergo a Blood Alcohol Test
Simply by driving on the roads in New York, you’ve agreed to undergo a chemical test to determine sobriety or intoxication. Of course, there are some caveats. Law enforcement must have reasonable cause to request the blood alcohol test and can’t impede your rights. However, if procedure was properly followed you must submit to the blood-alcohol test requested.
Refusal to take a blood-alcohol test in New York carries its own steep consequences, including the loss of your CDL for an entire year.
#5: Using a Commercial Vehicle to Commit a Felony
Our practice at Jeffrey Bettan, Attorney at Law includes representation for traffic tickets, moving violations, and criminal defense. In instances when a CDL holder is accused of using a commercial vehicle to commit a felony is one time when all of this knowledge coincides. As both a Long Island traffic lawyer and Long Island criminal defense lawyer, our practice can represent you in all charges.
In some instances, the conviction of committing or aiding a felony is intertwined with the administrative proceedings to revoke your CDL, but not always. Our team can take your case either way!
To schedule an initial consultation with top Long Island traffic lawyer, Jeffrey Bettan, call our Nassau County office at (516)-642-6636.