Are There Any Defenses for CDL Violations?

 Posted on July 16, 2024 in Traffic Violations

Commercial Driver’s License (CDL) holders in Illinois face unique challenges when it comes to traffic violations. The consequences of a CDL violation can be severe, potentially jeopardizing your license and your livelihood. However, there are potential defenses available that may help you retain your CDL and protect your career. An Illinois lawyer can help you explore any options you may have.

Potential Defenses to Get Your CDL Back

One of the most effective defenses is challenging the traffic stop. If the officer did not have probable cause to initiate the stop, any evidence gathered may be inadmissible in court. Similarly, if the officer failed to follow proper protocol during the stop, it could significantly weaken the case against you.

Contesting the evidence is another crucial strategy. Breathalyzers and radar guns require regular calibration, and the results may be deemed unreliable if the equipment is faulty. Law enforcement officers must also conduct field sobriety tests according to specific guidelines. Any deviation from these guidelines could invalidate the results, potentially leading to a dismissal of charges.

In rare cases, a necessity defense may be applicable. This involves arguing that the violation was necessary to prevent greater harm. For instance, if you swerved to avoid a collision, this could be considered a justifiable reason for violating a traffic law.

Illinois CDL Regulations

Illinois adheres to the Federal Motor Carrier Safety Administration (FMCSA) regulations regarding CDL violations. CDL holders must understand these regulations thoroughly. A first offense for major violations, like DUI or hit-and-run, can lead to a one-year CDL disqualification. A second major violation can lead to a lifetime CDL disqualification.

Similar penalties are imposed for serious traffic violations. For example, speeding 15 mph or more over the limit can result in a 60-day disqualification if you receive two such violations within a three-year period. These stringent regulations reinforce the importance of maintaining a clean driving record for CDL holders.

The Critical Role of Legal Representation

Defending against CDL violations requires a comprehensive understanding of traffic law and FMCSA regulations. An attorney can provide invaluable assistance in navigating these complex legal waters and analyze the circumstances of your case to reveal possible defenses that you might not be aware of.

Legal representation can also be crucial in negotiations with prosecutors. In some cases, an attorney may be able to negotiate reduced charges or penalties, potentially saving your CDL and your career. If your case goes to court, having a knowledgeable advocate to represent you in court proceedings and administrative hearings can significantly affect the outcome.

An attorney can help you understand the long-term implications of a conviction on your CDL and career. This understanding is crucial in making informed decisions about proceeding with your case. Remember, the stakes are high when it comes to CDL violations. A conviction can have far-reaching consequences beyond just fines or license suspension. It can impact your ability to earn a living and provide for your family for years.

Contact a Will County, IL Traffic Violation Lawyer

Do not face these challenges alone. Our law firm specializes in defending CDL holders against traffic violations in Illinois. A Grundy County, IL traffic violation attorney understands the complexities of CDL regulations and the potential defenses available to you. Call Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 to start with a free consultation.