New Jersey CDL License Suspension Lawyer - Commercial Drivers License Suspension Attorney

CDL License Suspension

CDL Disqualifications:

 

Disqualifications apply to CDL holders and persons required to have a CDL:

Using a CMV or non CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance will result in a disqualification for life, without the possibility of reinstatement.

Disqualification for major offenses. The first violation for a Major violation, in a CMV or a non-CMV, results in a 1-year disqualification or a 3-year disqualification if transporting hazardous materials required to be placarded. The second violation for a Major, in a CMV or a non-CMV, results in a lifetime disqualification. The driver may be eligible for reinstatement under certain conditions after 10 years.

Disqualification for serious traffic violations. The first violation for a serious violation does not result in a disqualification. A second serious violation within 3 years, results in a 60 day disqualification, and a third serious violation within 3 years, results in a 120 day disqualification. Serious disqualifications must be served consecutively. All serious violations in a CMV are included. Serious violations in a non-CMV must not be included, unless it results in the revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges.

 

CALL TODAY FOR A FREE INITIAL CONSULTATION

NEW JERSEY LICENSE SUSPENSION LAWYER

 

STEVEN P. LOMBARDI, ESQ. 

 

973-921-2860

 

Blood Alcohol Standards (BAC) Standards for Commercial Driver's License holders:

 

The FMCSA has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations. Most States have established a BAC level of .08% as the level at or above which a person operating a non-commercial motor vehicle is deemed to be driving under the influence of alochol.

Employer Notifications:

Within 30 days of a conviction for any traffic violation, except parking, a driver must notify his/her employer, regardless of the nature of the violation or the type of vehicle which was driven at the time.

If a driver's license is suspended, revoked, canceled, or if he/she is disqualified from driving, his/her employer must be notified. The notification must be made by the end of the next business day following receipt of the notice of the suspension, revocation, cancellation, lost privilege or disqualification.

Employers may not knowingly use a driver who has more than one license or whose license is suspended, revoked or canceled, or is disqualified from driving. Violation of this requirement may result in civil or criminal penalties.

Notification of previous employment:

All employers shall request and all person's applying for employment as a commercial motor vehicle operator shall provide, employment history information for the 10 years preceding the date the application is submitted. The request shall be made at the time of application for employment.

 

Major Violations while operating a motor vehicle

1.             Being under the influence of alcohol as prescribed by State law.

2.             Being under the influence of a controlled substance. 

3.             Having an alcohol concentration of 0.04 or greater while operating a CMV

4.             Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations.

5.             Leaving the scene of an accident. 

6.             Using the vehicle to commit a felony other than a felony described in number 9 of this table.

7.             Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. 

8.             Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. 

9.             Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.

 

Serious Violations while operating a motor vehicle

 

1. Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit. 

 

2. Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property. 

 

3. Making improper or erratic traffic lane changes.

 

4. Following the vehicle ahead too closely.

 

5. Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.

 

6. Driving a CMV without obtaining a CDL.

 

7. Driving a CMV without a CDL in the driver's possession.

 

8. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

 

OTHER SUSPENSIONS OF CDL LICENSES

 

60 Days Disqualification

 

Two serious traffic convictions within three years if person is a CDL holder or if person is operating a CMV. Note: The three-year period will be based on violation date rather than conviction date. Serious traffic convictions include reckless driving, speeding 15 mph or more above the posted speed limit, improper or erratic lane changes, following too closely, any moving violation relating to a fatal crash, driving a CMV without obtaining a CDL, driving a CMV without CDL in possession, and driving a CMV without proper class of CDL or endorsement/restrictions. One railroad-highway grade crossing violation while person is operating a CMV.

 

90 Days Disqualification

 

First traffic conviction for violating an out-of-service order while person is operating a CMV.

 

120 Days Disqualification

 

Three or more serious traffic convictions within three years if person is a CDL holder or if person is operating a CMV. Note: The three-year period will be based on violation date rather than conviction date. Serious traffic convictions include reckless driving, speeding 15 mph or more above the speed limit, improper or erratic lane changes, following too closely, and any moving violation relating to a fatal crash. Serious traffic convictions also include driving a CMV without obtaining a CDL, driving a CMV without CDL in possession, and driving a CMV without proper class of CDL or endorsement/restrictions. Second railroad/highway grade crossing violation while person is operating a CMV.

 

180 Days Disqualification

 

First traffic conviction for operating a CMV while under an out-of-service order. First traffic conviction for transporting hazardous materials while under an out-of-service order. First traffic conviction for transporting 15 passengers or more while under an out-of-service order. 1 Year Disqualification Driving a CMV with a BAC of 0.04% or higher. Driving while under the influence of alcohol or drugs if the person is a CDL holder or if person is operating a CMV. Refusing blood and/or breath test if the person is a CDL holder or if person is operating a CMV. Failing to stop at the scene of an accident if the accident causes injury or death. Using a CMV to commit a felony. Driving a CMV with a revoked, suspended, canceled, or disqualified privilege. Causing a fatality through the negligent or criminal operation of a CMV (includes the crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide). Making a false statement on any application for a CDL. Third or subsequent railroad-highway grade crossing violation within three years while operating a CMV.

 

2 Year Disqualification

 

Second traffic conviction within ten years for driving a CMV while out-of-service.

 

3 Year Disqualification

 

First conviction for any one of the top seven violations listed under one-year disqualification while transporting hazardous materials. Third or subsequent conviction within ten years for violating out-of-service orders while operating a CMV. Second or subsequent conviction within ten years for violating an out-of-service order while operating a CMV and transporting hazardous materials or transporting 15 passengers or more. Lifetime Disqualification Second conviction for any one of the top seven violations listed under one-year disqualification. Permanent Disqualification First conviction for using a motor vehicle in the manufacture or illegal distribution of drugs. Imminent Hazard Disqualification (not to exceed one year) Determination by the Federal Motor Carrier Safety Administration that a person's driving constitutes an imminent hazard.

 

 

CDL DISQUALIFICATION FOR DWI OFFENSES