Commercial Driver’s License & Trucking Violations
Losing your job can be a terrifying prospect for anyone. That is why, when our livelihoods are threatened, it is important that we do everything in our power to help ensure that they remain intact. That means that if you must have a commercial driver’s license (CDL) in order to work and find yourself facing possible suspension or even revocation of said license, it is important that you find an experienced criminal defense lawyer who can help you understand the issues at hand and work with you to find the best possible solution.
At Funk & Wendlinger, LLC, in Schererville, we understand how important your job is to you. We also understand that certain violations can put your license in serious jeopardy. That is why we are ready to work hard to ensure that you are able to retain your license and return to your job. We will do everything in our power to give you the best representation possible in your case, so that you can move on with your life and put the stress and uncertainty behind you.
Why might my CDL be suspended or revoked?
The Federal Motor Carrier Safety Administration (FMCSA) issued a rule that involves disqualification regulations that apply to CDL holders. Keep in mind that because CDL holders are often driving big trucks that can do a lot of damage, the restrictions protecting CDL licenses are taken very seriously. With that in mind, there are both major traffic offenses that can see your licenses suspended or revoked, as well as offenses that pertain only to specific kinds of vehicles.
These are some of the offenses that can cause your CDL to become in jeopardy:
- Driving while under the influence, specifically of alcohol, according to state law
- Refusing to submit to testing regarding the possibility of driving while under the influence
- Driving while under the influence of some other kind of controlled substance
- Failing to remain at the scene of a vehicular accident that includes a commercial motor vehicle
- Committing a felony using a vehicle
- Committing a felony that involves the distribution, manufacture, or dispensing of controlled substances using a vehicle
- Careless driving
- Reckless Driving
The above information means that, among other things, being found guilty of a DUI or DWI can lead to the suspension or revocation of your CDL. It is incredibly important that if you find yourself facing these charges, you hire an experienced attorney who understands how to defend you against the allegations. Funk & Wendlinger, LLC, has the experience and knowledge to help represent your best interests.
In addition to the above, there are certain offenses that apply only to the use of a CMV:
- Driving with a blood alcohol level of more than .04 percent
- Continuing to drive with a suspended, revoked or canceled CDL. Additionally, persisting to drive a CMV after being disqualified
- Negligently operating a CMV in such a manner that it leads to a fatality
Do I need a lawyer?
When your livelihood is at stake, you absolutely need a lawyer! You should also keep in mind that every infraction for which you are convicted, you earn more points on your license. Eventually, the cost of paying to insure you might be so high that potential employers pass on the chance to hire you given the cost. This is another reason why it is so important to act quickly and proactively when facing legal issues like those described above.
When you hire an experienced attorney, it is often possible to resolve some of the above issues without points being issued to your record. That helps avoid some of the costs associated with higher points. Keep in mind that, in Indiana, deferred prosecution is not an option for those who hold CDLs. The best option to pursue is the conditional discharge, and at Funk & Wendlinger, LLC, we work hard so that you can receive this particular outcome.
What kind of attorney do I need?
When facing these kinds of driving violations, you need an attorney who is experienced with CDL issues and understands how the system works. At Funk & Wendlinger, LLC, in Schererville, we have plenty of experience helping CDL holders keep their licenses and avoid adding more points onto their records. It is important to act quickly, however, so give us a call today at 219-865-0002 or fill out our online form and see how we can help.