If you drive a commercial motor vehicle (CMV) in Illinois, you must follow strict traffic laws and safety regulations. Commercial drivers have a higher risk of losing their driver’s license because of too many traffic violations on their records. Because of this, they must take extra care when driving on the roads in both their commercial motor vehicle and personal vehicle.
The law is tough on CDL holders that commit traffic offenses, and you risk losing your commercial driving privileges plus your source of income if convicted. Luckily, most non-moving violations will not go on your CDL driving record in Illinois and will not cause you to lose your license. However, if you have been cited for a traffic violation, we recommend discussing it with an experienced traffic attorney to assess the risks.
Hirsch Law Group has been helping Illinois citizens for over 20 years with traffic violations and criminal cases. Our lawyers understand the risks of getting cited for a traffic violation if you are a commercial driver. We want to do everything we can to prevent you from losing your driving privileges and facing harsh penalties.
At Hirsch Law Group, we care about your future. By hiring us as your legal representatives, you can rest assured that your best interests will be protected at all stages of the case. We care about truck drivers, bus drivers, and all commercial drivers in Illinois and want to do everything in our power to protect you.
Call our law firm today for a free consultation at 815-880-1134.
What is a Non-Moving Violation in Illinois?
Traffic violations in Illinois are categorized as moving or non-moving violations. A moving violation is a traffic violation that happens when the vehicle is in motion. For example, the law regards a speeding ticket or reckless driving as a moving violation.
In comparison, a non-moving violation is a traffic offense that happens when the vehicle is not in motion. Most non-moving violations involve safety violations, such as a missing license plate, expired vehicle registration or inspection, or overweight truck violations.
They also include parking violations, such as parking in a disabled space without a valid permit, parking in a no-parking zone, or parking too close to a fire hydrant. You may also receive a traffic ticket for a non-moving violation while driving your vehicle, such as being pulled over for a broken taillight.
Consequences of a Non-Moving Violation on a CDL in Illinois
The consequences of non-moving traffic violations vary depending on the type of traffic ticket you received and your driving history. However, the penalties for these violations are less severe than the penalties for moving violations. For committing a non-moving violation, commercial drivers will usually have to pay fines ranging from $25 to $2000.
In most cases, non-moving traffic offenses will not affect your insurance premiums. Most insurance companies do not ask to view minor traffic tickets. However, if you have built up several traffic tickets, such as parking tickets or safety violations, your insurance company could increase the premium.
Will a Traffic Ticket Go on My CDL Record?
Previously, a CDL driver could risk losing their license by receiving too many traffic offenses, including non-moving violations. However, Illinois law has changed in recent years to provide that a non-moving violation will not go on a CDL driving record. The only traffic violations that appear on your commercial driver’s license are moving violations.
This means that traffic tickets for expired vehicle registration, faulty equipment, and parking violations will not appear on your driver’s record. However, this does not mean that you should ignore non-moving traffic violations. CDL drivers are held to a much higher standard than those with regular driving privileges, and they risk getting in trouble with their employers for having too many tickets.
Do Moving Violations Go on a CDL Driving Record in Illinois?
Although non-moving violations will not appear on your commercial driver’s license (CDL) record, moving violations will. Illinois law follows a points system for drivers convicted of moving traffic violations. If you commit multiple traffic violations within a certain time period, you risk having your license suspended. The length of the suspension depends on the number of points you have.
If you drive a commercial motor vehicle, you still receive penalty points. However, the laws apply differently in relation to license suspension. CDL drivers that commit multiple serious traffic violations within a three-year period or commit one major violation will have their license suspended. The length of the suspension varies depending on the type of traffic violation and your previous record.
Consequences of a Moving Violation in Illinois
The consequences of a moving traffic violation for a CDL holder can be severe. A CDL driver can be cited for a moving violation while driving a commercial vehicle or their personal vehicle. The moving violation will still affect your CDL and could lead to a suspended or revoked license.
Serious Traffic Violations
Serious traffic violations for commercial truck drivers include most minor moving offenses. Although minor moving violations may not affect a regular driver’s license, they can have a serious impact on an Illinois commercial driver’s license.
If a CDL driver is convicted of two serious traffic violations within a three-year period, they will face automatic license suspension for 60 days. For three serious traffic violations within three years, the suspension period is at least 120 days. A serious traffic violation for CDL holders could include:
Using a cell phone in a commercial motor vehicle.
No CDL in possession while operating a commercial motor vehicle.
Breaking the speed limit.
Improper lane usage.
Driving a CMV without a valid license.
A driver can lose their CDL privileges from two speeding tickets within a three-year period. Considering that truck driver is often required to meet strict deadlines and must drive on the road all day, it is easy to foresee their license being suspended easily for two minor speeding tickets.
Major Traffic Violations
Major traffic violations are more severe than serious traffic violations under Illinois law. If a CDL driver is convicted of one major violation, they will face automatic license suspension for one year. If they are convicted of a second major violation, they face losing their CDL privileges permanently.
Some examples of major CDL violations include:
Driving under the influence of alcohol or drugs.
Refusing a blood alcohol content test.
Leaving the scene of a car accident.
Negligent driving results in a fatality.
Major traffic violations will be automatically added to your CDL public driving record if convicted. If it is a criminal offense, you will also face criminal penalties, such as jail time, fines, and a criminal record.
Is Court Supervision a Good Option For CDL Holders in Illinois?
Often, when a driver has no previous violations, a Judge may issue an order of court supervision. Court supervision allows a person to get their charges dropped, provided they comply with court requirements for a specified time period. With traffic ticket cases, this usually involves paying court costs, paying fines, and attending traffic school.
For regular drivers, court supervision is a favorable option, as it prevents the charges from going on their record, provided they meet the requirements. However, court supervision is not a good option for those who hold a commercial driver’s license (CDL). By accepting a court supervision order, you are pleading guilty to the charges and giving up your right to defend yourself.
If you plead guilty to a traffic violation, you may face automatic disqualification of your CDL and lose your driving privileges. As a result, you may be unable to continue employment and will face difficulties getting new employment. Before accepting a plea deal from a Judge, such as court supervision, we strongly encourage speaking with experienced defense attorneys. They will advise you on what is best for your case.
Do Non-Moving Violations Go on CDL Driving Records in Illinois?
Non-moving violations do not have a direct effect on your CDL record in Illinois. However, if you receive too many parking tickets or if your vehicle is owned by your trucking company, you could get into trouble with your employer. If you are convicted of two serious traffic violations or one major violation, you risk losing your driving privileges and getting a public driving record.
Trucking companies are much less likely to hire someone with violations on their record, and if you already have a job driving a commercial vehicle, you risk losing it by being cited for a moving violation. The best thing to do after receiving a traffic ticket is to contact an experienced CDL defense attorney. An attorney can assess the risks of the ticket and fight to protect you from losing your CDL license.
Can I Get a Traffic Violation Removed from My Driving Record in Illinois?
In Illinois, traffic violations do not get removed automatically from your records. Though there are some ways to get them removed from your records, via
Court supervision: It is a result of getting a traffic citation where you are essentially on probation. If you do not receive any additional violations, the citation does not go on your records.
Traffic safety school: Those who qualify for court supervision will have to complete a traffic safety school course.
Expungement: In some cases, you can get your records expunged, but the eligibility of this option varies.
Contact a CDL Violations Lawyers at Hirsch Law Group Today
The CDL violations lawyers at Hirsch Law Group have the experience and skills necessary to get the best possible outcome in your case. Our lawyers have been fighting for the rights of Illinois citizens for over 20 years, and we have an in-depth knowledge of traffic laws and regulations.
We have worked for many years as prosecutors, so we have significant experience working on both sides of the courtroom. We use this unique experience to your advantage in cases to build a convincing and rigorous defense strategy on your behalf. With awards from Enterprise.com and high ratings from AVVO, you know you are dealing with the best when you hire legal representation from Hirsch Law Group.