Why You Need an Experienced CDL Attorney
If you have a CDL (Commercial Driver’s License) then driving is your job. Whether you drive an 18-wheeler, a bus, a limo, or a delivery truck, if you lose that license you’re out of work.
As a holder of a CDL you’re held to a higher standard than other motorists. For example, the blood alcohol content limit for an OVI/DUI (drunk driving) offense for a CDL driver is half of that for a driver of a passenger vehicle.
Traffic violations can put your job at risk. Your license can be suspended from 60 days to one year. Your vehicle can be immobilized and your license plates can be impounded. Your insurance rates can skyrocket.
In some cases, you can be disqualified from driving for life.
You can even go to jail.
It might seem unfair, but you can lose your CDL even if you were convicted of a serious traffic violation when you weren’t driving a commercial vehicle.
You might think that there’s nothing you can do about a traffic citation other than hope for the best. That’s not true. By educating yourself and hiring an attorney with years of experience in trucking law, you can fight for your rights.
Whether you are an out-of-state driver and are charged with a traffic violation in Columbus, Ohio, or you’re an Ohio CDL driver and are charged with a traffic violation within the state, you should contact a CDL attorney to help with your case.
Types of CDL Traffic Violations
Some of the most common traffic violations CDL drivers receive in central Ohio include:
- Hazardous materials violations
- Reckless operation/ reckless driving
- Driving with a suspended license
- Leaving the scene / hit and run
- Texting while driving
- Using a cell phone while driving
- Operating a Vehicle Under the Influence (OVI)
- Traffic control device
- Failure to control
- Assured clear distance ahead
- Vehicular homicide
- Vehicular manslaughter
- Failure to comply with police order / fleeing and eluding
If You’re an Ohio Trucker….
If you hold an Ohio CDL and you’re convicted of a traffic violation within the state, the court will notify the Bureau of Motor Vehicles (BMV). The BMV will then assess points and any disqualification period against you based on the nature of your conviction.
If you’re convicted of a traffic offense in another state, you’re required by law to report that conviction to the Ohio BMV within 10 days. Failure to do so is a crime — a first-degree misdemeanor.
Don’t assume that the Ohio BMV won’t find out about your out-of-state ticket. The odds are, they will – and your failure to report it can get you into even more serious trouble.
If You’re an Out-of-State Trucker…
If you hold a CDL for another state, and you’re convicted of a traffic offense in Ohio, the Ohio BMV will report this to the driver licensing authority in the state where you’re licensed.
That’s why it’s important to fight your Ohio ticket.
Especially if you live far away, it may be a major hassle to appear in an Ohio court. However, an Ohio CDL lawyer may be able to fight your case for you, without the need for you to appear.
How a CDL Attorney Can Help You
An experienced Ohio trucker attorney may be able to get the charges against you reduced or dismissed.
Some cash-strapped municipalities view truckers as ATMs. Handing out tickets can be more about generating revenue than about enhancing safety. If you’re a safe driver and you’ve been unfairly targeted by such a speed trap or a similar scheme, a CDL lawyer can help you preserve your good reputation.
You might think that if you were really speeding, or really committed some other traffic offense, you’re out of luck. Not so. The law protects your rights even if you actually committed the offense.
It’s important for everyone’s protection that law enforcement officers “play by the rules.” If they don’t do their jobs right that can help you keep your job. You may be able to get off without any blemish on your driving record.
For example, your trucking attorney may be able to show that:
- The equipment used to measure your speed wasn’t properly calibrated.
- The officer who cited you wasn’t properly trained in how to use a radar gun.
- The lab that tested your blood alcohol sample was unreliable.
- The officer who cited you for speeding was only guessing at your speed.
To Learn More…
Truckers and trucking companies are governed by both the Federal Motor Carrier Safety Regulations (FMCSR) and the Ohio Revised Code (ORC).
To learn more about the state and federal laws that apply to truckers in Ohio, you can consult the Ohio Truck Drivers Guide Book available here.
Yemc Law Offices – A Trusted Resource for CDL Drivers
For over 20 years Yemc Law Offices have helped CDL drivers with their Central Ohio traffic violations. Whether it’s a speeding ticket or an OVI charge, we help you understand the charge and advise you on the best way to resolve it. We help you keep your CDL so you can keep your job.
Contact Us Today
We understand the needs of CDL drivers. We know your livelihood depends on your ability to drive. Whether you’ve been charged with a DUI/OVI, reckless operation or a Hazmat violation, we can help. Contact us today and we’ll give you a free case evaluation.