L. Keith Martinson - Defending Traffic Tickets since 1986 -
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DRIVING WHILE LICENSE INVALID / SUSPENDED
A person who is operating a motor vehicle while their license is under suspension, revocaton, denial, or cancellation is subject to an additional license suspension for the same period of time as the original suspension.
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DRIVER LICENSE RESTRICTION VIOLATION
A person who has been convicted of 2 or more violations of a driver license restriction or endorsement is subject to driver license suspension.
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Under the Federal Motor Carrier Safety Improvement Act of 1999, your CDL is subject to DISQUALIFICATION upon ONE CONVICTION for any of the following "Major Violations" - even if you are driving a private passenger vehicle:
1. Probable cause for operating a commercial motor vehicle with a blood alcohol concentration at or above .04
2. Probable cause for operating a motor vehicle with a blood alcohol concentration at or above .08
3. Operating a commercial motor vehicle while your blood alcohol concentration is .04 or higher
4. Operating a motor vehicle under the influence of alcohol
5. Operating a motor vehicle under the influence of a controlled substance
6. Refusal to take an alcohol test
7. Leaving the scene of an accident
8. Using a motor vehicle to commit a felony (not a traffic offense)
9. Causing a fatality through negligent operation of a commercial motor vehicle
10. Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's license is revoked, suspended, disqualified, canceled, denied, barred, or withdrawn
11. Using a vehicle in the commission of a felony involving controlled substances
ONE CONVICTION OF ANY OF THE ABOVE, WHETHER IN A COMMERCIAL MOTOR VEHICLE OR A PRIVATE PASSENGER VEHICLE, WILL RESULT IN YOUR CDL BEING DISQUALIFIED FOR ONE YEAR.
YOUR CDL WILL BE DISQUALIFIED FOR THREE YEARS IF THE FIRST MAJOR VIOLATION OCCURS WHILE OPERATING A COMMERCIAL MOTOR VEHICLE THAT IS PLACARDED FOR HAZARDOUS MATERIALS.
IF CONVICTED OF A SECOND MAJOR VIOLATION IN A PRIVATE PASSENGER VEHICLE OR A COMMERCIAL MOTOR VEHICLE, YOUR CDL WILL BE DISQUALIFIED FOR LIFE.
YOUR CDL WILL BE DISQUALIFIED FOR LIFE IF YOU ARE CONVICTED OF USING A COMMERCIAL MOTOR VEHICLE TO COMMIT A FELONY INVOLVING CONTROLLED SUBSTANCES.
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VIOLATING OUT-OF-SERVICE ORDERS
If you are convicted of violating an out-of-service order in a commercial motor vehicle, your CDL will be disqualified for no less than 90 days nor more than 1 year for a first offense. Your CDL will be disqualified for no less than 1 year nor more than 5 years for a second offense within any 10-year period.
If you are convicted of violating an out-of-service order while transporting hazardous materials in a commercial motor vehicle, your CDL will be disqualified for no less than 180 days nor more than 2 years for the first offense. Your CDL will be disqualifed for no less than 3 years nor more than 5 years for a second offense while transporting hazardous materials within any 10-year period.
Your CDL will be disqualified for no less than 3 years nor more than 5 years for three or more offenses within any 10-year period.
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RAILROAD-HIGHWAY GRADE CROSSING VIOLATIONS
Railroad-Highway Grade Crossing violations include violation of a federal, state or local law or regulation pertaining to the following 6 offenses:
1. For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear.
2. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.
3. For drivers who are always required to stop, failing to stop before driving onto the crossing.
4. For all drivers failing to have sufficient space to drive completely through the crossing without stopping.
5. For all drivers failing to obey a traffic control device or the directions of an enforcement official at a crossing.
6. For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.
If convicted of a Railroad-Highway Grade Crossing violation in a commercial motor vehicle, your CDL will be disqualified for no less than 60 days for the first offense. Your CDL will be disqualified for no less than 120 days for a second offense within any 3-year period. Your CDL will be disqualified for no less than 1 year for a third offense within any 3-year period.
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