Commercial Drivers Licenses & DWI Law

 

For most drivers getting a traffic ticket isn't a big deal. They sign the back, pay a fine and it's over with. But, if you have a CDL and drive for a living, particularly if you drive for a trucking company, the consequences of a simple speeding ticket can be dramatic. A single speeding ticket can take a driver off the road! In addition, commercial drivers don't just face the usual traffic violations that most drivers do. They also face a whole multitude of violations contained in New York State's Transportation Law (TL). These vary from different overweight violations (depending upon the road you're on the limits are different), to having the right permits for the cab or trailer. The scariest part of this is that most TL violations are the responsibility of the vehicle owner...BUT, the tickets are written to the driver!  Some violations of TL are actually crimes. For example, a log book violation is a misdemeanor offense in NYS. Even something as arcane as the Environment Conservation Law can bite a CDL holder. A fuel tank leak can lead to a driver being charged with a misdemeanor for depositing a "noisesome substance" on a public highway.

 

For CDL holders a traffic violation conviction, even when driving their private car can have the same effect on employment as a conviction while driving for work. If a driver wanted to just plead guilty, all too often the fine is only the beginning of a costly experience. If the ticket was for a "moving violation" such as speeding, failure to obey a traffic signal or sign, failing to maintain lane, etc., the guilty plea is reported to the NYS Department of Motor Vehicles where it becomes part of a driver's record. Each violation has a statutorily prescribed "point" value that stays on a driver's record for 18 months. Speeding tickets have a minimum "point" value of 3 and a potential maximum of 11. If a driver's point total reaches 11 or more points a mandatory mandatory 31 days suspension (for first time suspensions) will be imposed unless the driver asks for a "license suspension hearing".

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Law Offices of Glenn W. Magnell
Aggressive, Professional, Affordable Legal Defense
162 Main Street, Goshen, NY 10924
Phone: 845-294-0585
National College of DUI Defense
In trouble with the law?  We're here to help.  Call us now for a free phone consultation: 845-294-0585

Phone: 845-294-0585

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Email: gmagnell@stormkinglaw.com

Copyright 2013 - Law Offices of Glenn W. Magnell

Please note: Information on this website is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.

 NOTICE: In compliance with the New York State Attorney's Code of Professional Conduct this website and all information contained within should be considered ATTORNEY ADVERTISING.
Glenn W. Magnell
Law Offices of Glenn Magnell
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Unlike most attorneys I came to the practice of law as a second career. Prior to becoming an attorney I spent 20 years as a business executive, eventually running a large subsidiary of a Fortune 500 company. While those years in private business were challenging and rewarding, there came time that I wanted to do something different and more directly related to assisting other people. So, I left the business world, went to law school, passed the New York State bar exam and became a practicing attorney.  You can read my full bio here and meet our staff here.

 

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