Reckless Driving with a CDL in New York

You need a commercial driver’s license (CDL) to drive various types of commercial vehicles, especially semis, which must have a gross weight of over 26,000 pounds. Some trucks are designed specifically for transporting hazardous materials.

If you lose your CDL, you’ll face serious consequences regarding employment and transportation. These consequences include suspending your driver’s license, increasing points on your motor vehicle history, and having problems seeking employment.

The points can add up fast to your motor vehicle history report. For example, if you receive two serious infractions within three years, the DMV in New York State will suspend your CDL for 60 days.

Moreover, you can lose your CDL for 120 days if convicted of three serious traffic violations within the same time frame. If you’re arrested for a violation outside of New York and don’t report it to the DMV, it also counts as an infraction on your history.

Some traffic violations that result in a CDL suspension include speeding, lane change violations, tailgating, causing a fatal accident, and driving a commercial vehicle without a CDL.

If you face these charges, you should contact a reckless driving defense attorney in New York. Getting legal help is the best way to ensure you move forward more positively and experience better results.

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Specific Examples of Reckless Driving of a Semi-Truck

Reckless driving of a semi-truck or commercial motor vehicle (CMV) is a behavior that disregards other people’s safety or property. Below are specific examples:

• Driving 30 miles over the posted speed limit is considered reckless. This is especially true if you operate a truck in bad weather or heavy traffic. Speeding over this limit also adds six points to your driving record in New York state.
• As noted, following too closely or tailgating is also deemed reckless behavior.
• If you’re driving a semi and passing other vehicles aggressively, weaving in and out of traffic, or cutting motorists off, you’re also inviting trouble.
• Another example of reckless driving is making a sharp turn at an unsafe speed and not leaving enough room for another vehicle.
• Slamming on the brakes abruptly or stopping on the shoulder of the highway without warning are also reckless behaviors.

The underlying cause of reckless driving is often impairment. When you face charges for driving under the influence of drugs or alcohol in your vehicle or a commercial truck, you can lose your CDL privileges. If you’re convicted a second time, you’ll lose your CDL for life. Also, driving a commercial vehicle with a suspended or revoked CDL results in a one-year license suspension.

BAC Level

Even if your BAC is under the legal limit of .04 percent and you face a DWI charge, you’ll typically lose your CDL privileges for a year. Should you refuse a blood alcohol test, your CDL will automatically face suspension for the same period.

You might be pulled over for DWI or DUI while transporting hazardous materials. If so, your CDL will be suspended for at least three years or life if the conviction is a second offense.

CMV Equipment Violations

If you are guilty of equipment violations while driving a commercial motor vehicle, the vehicle is placed out of service until it’s repaired. In these cases, a CDL holder can lose their driving privileges for 90 days, one year, or even years, depending on the frequency of the violations and the specific infraction. Equipment problems that impact the safe operation of a CMV, such as the steering components or brakes, may lead to the loss of CDL privileges.

Reasons Why Legal Assistance Works in Your Favor

If you’ve been charged with reckless driving and hold a commercial driver’s license, it’s critical that you have legal help for several reasons:

• Severe consequences for drivers: Reckless is typically considered a serious traffic violation. However, the consequences for CDL holders can be more severe than for regular drivers. A CDL is linked to employment opportunities and personal driving privileges.
• Potential loss of livelihood: A reckless driving conviction can lead to the suspension or revocation of your CDL, which can mean losing your job and career as a commercial driver.
• Federal regulations: CDL holders are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, which can complicate things legally.
• Impact on future employment: Even if you don’t lose your license, a reckless driving conviction can make finding employment as a commercial driver difficult.
• Higher standards: CDL holders must meet higher standards on and off duty. What might be a minor infraction for a regular driver can become more serious for a CDL holder. Again, not being employed to drive can impact your lifestyle.
• A complicated legal process: Defending against a reckless driving charge can be complicated, especially with the additional considerations set aside for CDL holders.
• Possible reduction of charges: An experienced attorney can negotiate a reduction in charges or penalties, which can help preserve the use of your CDL and prevent the loss of your job.
• Understanding of specific CDL laws: A lawyer familiar with CDL regulations can provide a more effective defense tailored to your situation.
• Protection of rights: A reckless driving defense attorney will protect your rights throughout the legal process.
• Long-term consequences: The impact of a conviction can extend beyond immediate penalties, affecting insurance rates and, again, future job prospects.

Given the above factors, seeking legal help is critical in protecting your license, career, and future as a commercial driver.

Contact a Reckless Driving Lawyer Today If Your CDL Is at Stake

If you’ve been arrested for reckless driving and hold a CDL, now is the time to get legal help. Contact a New York criminal defense lawyer today to ensure your rights are preserved so you can move forward with more confidence.

Schedule a Free Initial Consultation Today!