Miami CDL Violation Defense Attorney

Lawyer Helping Commercial Drivers Defend Against Traffic Violations in Miami, Florida

For commercial drivers, traffic violations can result in consequences that will be more severe than those that may apply to drivers with standard licenses. Even minor infractions that would result in simple tickets for regular drivers could potentially lead to the disqualification of a commercial driver's license (CDL), the loss of employment, and the end of a person's driving career. The stakes are incredibly high in these cases, because commercial drivers depend on their licenses to earn their livings, support their families, and maintain their careers in the trucking and transportation industries.

At Stroleny Law: Criminal Defense Attorney, we can help commercial drivers take steps to protect their careers. Our lawyer understands the unique challenges that CDL holders face, the regulations that govern commercial driving, and the defense strategies that may be used to address traffic violations. He will fight to help commercial drivers maintain their licenses and livelihoods.

Understanding CDL Disqualification

The suspension or revocation of a person's commercial driving privileges can be temporary, lasting for months or years, or it may be permanent in some situations. Disqualifications may only apply to a person's commercial driving privileges in some cases, and they may be able to maintain a regular driver's license. However, some violations result in the complete suspension of a person's driving privileges, affecting their ability to drive for work or personal purposes.

Violations That Can Result in CDL Disqualification

Florida Statutes § 322.61 outlines the different offenses that can result in the disqualification of a CDL. Some of these violations are considered to be "serious traffic violations" that will result in a temporary CDL disqualification. They include:

• Texting while driving or using a handheld cell phone
• Following too closely behind other vehicles (tailgating)
• Improper lane changes
• Speeding by at least 15 miles per hour
• Reckless driving
• Any traffic violation that led to an accident resulting in someone's death
• Driving a commercial vehicle without a valid CDL

If a commercial driver is convicted of two of these serious violations within a three-year period, their CDL will be disqualified for 60 days. Three violations within three years will result in a CDL disqualification lasting 120 days.

Some other traffic offenses may result in a CDL disqualification after a single offense. These include:

• DUI committed while driving a commercial vehicle or personal vehicle
• Leaving the scene of an accident (hit and run)
• Causing an accident resulting in someone's death through the negligent operation of a commercial vehicle
• Using any motor vehicle to commit a felony offense

When a commercial driver is convicted of one of these offenses, their CDL will be disqualified for one year. If they allegedly committed an offense while driving a commercial vehicle that was transporting hazardous substances, they may face a three-year CDL disqualification. When a person is convicted of two violations, their CDL will be permanently disqualified. A person may also face permanent CDL disqualification if they are charged with using a commercial vehicle or other vehicle to commit a felony drug crime, such as distributing controlled substances.

The Career Impact of the Loss of a CDL

Following the disqualification of a CDL, a commercial driver may lose their job. Trucking companies cannot employ drivers who do not have valid commercial licenses, and most employment contracts contain provisions stating that a person will be automatically terminated upon the loss of their CDL.

Finding new employment can be extremely difficult or impossible during disqualification periods. Even after reinstatement, many employers will refuse to hire drivers with recent disqualifications.

Financial problems can affect commercial drivers and their families when traffic violations threaten a person's CDL. The loss of income during a disqualification period can lead to hardship, including an inability to pay rent or mortgage payments, the potential loss of a vehicle when car payments cannot be made, the accumulation of debt, and difficulty paying for groceries or other needs. When a commercial driver is the primary earner for their family, their loss of income can affect their spouse and children.

Career changes may be required when a CDL disqualification is lengthy or permanent. A person who has built a career in commercial driving may need to pursue employment in an entirely different field. Retraining may be needed, and they may need to accept lower wages.

A person's insurance rates can increase dramatically even after a CDL disqualification is lifted. Insurance companies may view a person as a high-risk operator, and they may charge substantially higher premiums. Some carriers may refuse coverage entirely for drivers with certain types of violations.

Defense Strategies to Protect a CDL

Due to the higher standards that apply to CDL holders, violations that may not have a serious impact on a regular driver could destroy a person's commercial driving career. A speeding ticket that may cost a regular driver a small fine and lead to a minor insurance increase could result in a CDL disqualification when combined with other violations.

Fighting every ticket and violation is essential for a CDL holder, because any conviction can contribute to a potential disqualification. Our lawyer can take steps to contest traffic tickets and protect against the penalties that could affect a commercial driver. In some cases, he may negotiate to reduce charges to an offense that would not result in a disqualification. He may take steps to reduce speeding charges, to pursue charges for careless driving rather than reckless driving, or to prevent a conviction for a serious traffic violation.

When defending against speeding tickets, our attorney may challenge the accuracy of speed detection equipment or an officer's observations. He can obtain calibration records for radar and laser devices, examine whether an officer followed the proper procedures, and identify issues that could have affected speed readings. Successfully challenging speed measurements can mean the difference between a conviction for a serious speeding violation or a minor speeding ticket.

Our lawyer may work to resolve cases through deferred dispositions or diversion programs, which can keep violations off a person's driving record. He will advocate for pretrial programs or other alternative outcomes that may result in dismissed charges. He can also file administrative challenges to disqualification orders and provide representation in administrative hearings, helping to defend against a CDL disqualification.

Contact Our Miami, FL CDL Defense Lawyer

For a commercial driver, a CDL is necessary to maintain a career. Violations that threaten your commercial driving privileges will require immediate attention. At Stroleny Law: Criminal Defense Attorney, we understand the unique challenges you face as a CDL holder. Our lawyer can help you take steps to protect your license and avoid serious penalties. Contact our Miami CDL violation defense attorney at 305-615-1285 to set up a free consultation today. He will review the violations you are facing, explain the consequences that could affect your commercial driving privileges, and begin fighting to protect your career.