Commercial Driver Traffic Violation Attorney in Buffalo, New York

If your livelihood depends upon holding a Commercial Driver’s License (CDL), a traffic violation could potentially jeopardize your career. It’s important to enlist the help of an attorney if something goes wrong.

If you’re facing a commercial traffic violation in New York, reach out to Michael Kuzma Attorney at Law, serving clients throughout the United States and Canada who have been ticketed in New York State. I have been practicing law for over twenty years, and I pride myself on my one-on-one, personalized service as well as my focus in the area of traffic law. Set up a consultation with me to get started.

What are the Requirements for a CDL?

In New York, a CDL allows the holder to operate a commercial vehicle weighing over 26,000 pounds (gross weight). CDLs can also be licensed to qualifying drivers of vehicles carrying hazardous materials or more than 15 passengers. You must be 18 years of age or over and have a New York Class D license before you can apply for a CDL.   

Common Commercial Driver Traffic Violations

There are many types of violations that can result in penalties or loss of your CDL. With any kind of violation, it’s important to reach out to an attorney: 

Serious Traffic Offenses

In New York, a “serious” offense can include: 

• Driving 15 mph or more over the speed limit 

• Reckless driving 

• Tailgating 

• Driving a commercial vehicle while talking on a cell phone  

• Causing a fatal accident due to a traffic violation 

Major Traffic Offenses

“Major” traffic offenses are more significant than “serious” traffic offenses and typically carry greater penalties. They can include: 

• DWI (Driving While Intoxicated) 

• Refusing a chemical test 

• Leaving the scene of an accident (hit and run) 

• Using a commercial vehicle to commit a felony 

• Driving a commercial vehicle with a CPL that has been revoked 

• Recklessly causing a fatality

Railroad Crossing Violations

Drivers of commercial motor vehicles must follow all rules at railroad crossings. You can be penalized if you do not stop, leave enough room, or follow signals at a railroad crossing. 

Out-Of-Service Orders (OSOs)

If a police officer discovers that your vehicle has been operating for too long without proper maintenance or that there are other issues affecting your ability to operate the vehicle, you may be issued an “out-of-service order.” This means that you cannot drive your commercial motor vehicle until the issues are fixed, and violating the OSO carries penalties including license revocation. 

What Can Happen If You Get A Commercial Traffic Violation?

Revocation of License  

First, your license could be revoked, meaning that your drivers’ license will be canceled and you must reapply for a new one once the period of revocation is over. Different violations carry different revocation penalties. For example, if you commit two “serious traffic violations” while operating your commercial vehicle in New York over three years, your commercial driver’s license (CDL) may be revoked for 60 days. You could see your CDL revoked for 120 days for three violations in a three-year period. Further, a “major traffic violation” could result in a one-year revocation; the revocation may increase to three years if your commercial vehicle was transporting hazardous materials.  

Fines and Jail Time 

Some penalties carry fines. For example, a second offense involving a railroad crossing violation can result in a $500 fine and 45 days in jail. Getting a DWI while driving a passenger vehicle can result in a $1000 fine and one year of jail time as well as a CDL revocation. 

Loss of Job

Since many of the above violations result in a revocation of your CDL, you will be unable to work driving a commercial vehicle before the revocation period ends. In addition, you could face steep fines that can become difficult to pay without income. Possible jail time will also cause employment issues, from loss of your current job to difficulty finding work or obtaining a CDL in the future.

Fighting a CDL Violation

In order to fight a CDL violation, it is important to enlist the help of a traffic law attorney. Your attorney can look over your options and see if you have a good defense. For example, you might have been convicted of a DWI during an illegal traffic stop, or a police officer may have determined that you were speeding by using faulty equipment. Your attorney will be able to cross-examine police officers and ensure that you receive due process and that your voice is heard.