Worried about losing your CDL? Fear not, you have landed on the right place, if you are looking for a CDL Lawyer to help ensure you don’t lose your commercial driver’s license, contact us right away! Our Criminal Defense Lawyers have over 20 years of combined experience serving the state of Florida and can help with any violations that are threating you to lose your CDL.
Losing your CDL could mean losing your career and livelihood, we don’t want that to happen! Let us help you. Accumulation of points in your driving record could put your “commercial driver’s license” in jeopardy.
Disqualification Criteria from Operating a motor vehicle for serious offenses:
- An individual who commits offenses occurring within a 3-year period and is convicted of two of the following serious traffic violations while operating a commercial motor vehicle may face a disqualification from driving commercial vehicles for up to 60 days, in addition to any other applicable penalties. Please know that if you commit any of the traffic offense below while operating a non-commercial vehicle and you are convicted of two within a 3-year period, they could also lead to a 60-day suspension
- If you are convicted of 3 serious offenses during a 3-year period, the CDL suspension period increases to 120 days. Again, if these offenses occur while driving a non-commercial vehicle, the same rules apply
Serious traffic offenses include:
Lack of Insurance
- Driving a commercial vehicle that is not properly insured
- Driving 15 miles per hour over the speed limit
Reckless driving charge
- Running a red light or stop sign
- Fleeing a law enforcement office in a motor vehicle
Careless driving charge
- Not driving in a prudent manner
- Not having regard for the width, grade, curves, corners, etc.
- Endangering others or property
Other moving violations
- Leaving the scene of an accident
- Causing a fatality through negligence
- Improperly passing or changing lanes
- Following too closely
- Driving a commercial vehicle without proper license
Disqualification Criteria from Operating a motor vehicle for extremely serious offenses:
- Any person who is convicted of any of the offenses below while operating a commercial vehicle will be disqualified from operating a commercial motor vehicle for one year, in addition be responsible for any other penalties imposed by the court
- Any person who is convicted of any of the offenses below while operating a non-commercial motor vehicle will be disqualified from operating a commercial motor vehicle for up to one year, in addition to any other penalties
- Any person who is convicted of using a commercial or non-commercial motor vehicle to distribute, manufacture or dispense any controlled substances will have their commercial driving privileges permanently revoked
Extremely serious traffic violations:
- Drunk driving (DUI), or Driving under the influence of drugs or other substances
- Driving a motor vehicle while the person in under the influence of alcohol or controlled substances
- Driving a commercial vehicle with a BAC of 0.04% or higher
- Leaving the scene of a crush involving the motor vehicle driven by the accused
- Using a motor vehicle to commit a felony
- Driving a commercial motor vehicle while in possession of a controlled substance
- Refusing to submit to a test to determine alcohol concentration while driving
- Driving a commercial vehicle while your license is suspended, revoked, or canceled, or while your license is disqualified
- Causing a fatality while operating a motor vehicle due to negligence
Please note that if you transport hazardous materials and you are convicted of any of the above, your suspension will be of three years, this of course would be in addition to any other fines or penalties established by the court.
If you are convicted of two extremely serious violations whether operating a commercial motor vehicle or not, your commercial driving privileges will be permanently revoked.
You should know that in the State of Florida it is extremely important to hire an attorney if faced with any of the violations above; the Florida courts hold CDL drivers to higher standards than they do regular drivers, the reason is those operating moving vehicles exceeding 20 tons in weight pose a greater danger to others on the road if they are not following driving rules and regulations.
In addition to the state’s road rules, CDL holders also need to abide by the Federal Regulations for Driving Commercial Trucks. As a CDL holder you know these rules are detailed and failing to follow them could be costly. Some of these regulations include:
- Hours of service regulations: Which are put in place to eliminate drowsiness in truck drivers that could lead to crushes
- Property carrying drivers
- 11-hour driving limit: May drive a max of 11 hours after 10 consecutive hours off duty
- 14-hour limit: May not drive the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time doesn’t extend the 14th hour period
- 30-minute driving break: Drivers must take a 30 min break when they drive for a cumulative 8 hours
- 60/70-Hour Limit: May not drive after 60/70 hours on duty in 7/8 consecutive days. The driving period can be restarted after at least 34 hours of consecutive hours off duty
- Sleeper berth provision: Drivers may split the required 10-hour off-duty period, if 7 consecutive hours are spent in the sleeper berth, and at least two consecutive off-duty hours are spent in the sleeping berth of somewhere else. All sleeping berth resting periods must add up to 10 hours. When these two periods are used together, they don’t count against the maximum 14-hour driving window.
- Adverse driving conditions: Drivers can extend the 11-hour maximum driving window and 14-hour limit by up to 2 hours when they encounter adverse driving conditions
- Short-haul exception: A driver is exempt from the requirements of FMCSA’s §395.8 and §395.11 if the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours
- Passenger-Carrying Drivers
- 10-hour driving limit: Driver may drive a maximum of 10 hours after 0 consecutive hours off duty
- 15-hout limit: May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time isn’t counted toward the 15-hour period
- 60/70-hour limit: May not drive after 60/70 hours on duty in 7/8 consecutive days
- Sleeper berth provision: Drivers must take at least 8 hours in the sleeper berth and are allowed to split the sleeper berth time in two periods, but neither can be less than two hours. All sleeper berth time must add up to 10 hours
- Adverse driving conditions: Drivers are allowed to extend the 10-hour maximum driving time and 15-hour on duty limit by up to 2 hours when adverse driving conditions are encountered
- Short-Haul Exception: A driver is exempt from the requirements of FMSCA’s §395.8 and §395.11 if the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver doesn’t exceed a maximum duty period of 14 hours
Please note there are other stipulations when violating “out-of-service” orders that could be better explained when speaking with one of our experienced CDL Lawyers. Give us a call today to get started on your case, we will listen to your side of the story, gather all the details, and craft a defense strategy suited to your situation. In addition to Orlando, we also have locations in: Kissimmee, Sanford, Melbourne, Daytona Beach, Ocala, Lakeland, Tampa, Fort Myers, Sarasota, Miami, Jacksonville. Give us a call today for your Free Consultation, we have payment plans available.
*Additional Orlando Florida/Orange County Legal Resources