PITTSBURGH CDL VIOLATIONS ATTORNEY
If you have a Commercial Driver's License (CDL), and you were cited with a traffic violation in the Pittsburgh or Western Pennsylvania area, contact the Zuckerman Law Firm today at 412-447-5580 for a free consultation. You do not want to risk losing your livelihood as a result of a traffic ticket.
CDL DISQUALIFICATIONS FOR TRAFFIC OFFENSES
If you are cited with a traffic offense as a CDL driver, you are facing potential penalties on both your Non-Commercial and Commercial Drivers License. To learn more about standard penalties for Non-Commercial Licenses, please visit our Traffic Ticket Penalties page.
A CDL disqualification is a short-term or permanent withdrawal of a person's privilege to operate a commercial motor vehicle. There are three classes of CDL violations in PA: Major Offenses, Serious Traffic Offenses, and Railroad-Highway Grade Crossing Offenses
MAJOR CDL OFFENSES
A single conviction for a major CDL offense will cause you to lose your CDL privileges. Major CDL offenses can be committed both in commercial and non-commercial vehicles. Here are a list of Major CDL offenses and corresponding penalties:
Vehicle Code Violations
- DUI (Section 3802): 1 year disqualification and 3-year disqualification for Hazmat for offense in commercial or non commercial vehicle
- Refusing to Submit to Chemical Testing (Section 1547): 1 year disqualification and 3-year disqualification for Hazmat for offense in commercial or non-commercial vehicle
- Leaving Scene of Accident (Sections 3743 and 3745): 1 year disqualification and 3-year disqualification for Hazmat for offense in commercial or non-commercial vehicle
- Using Vehicle to Commit Felony: 1 year disqualification and 3-year disqualification for Hazmat for offense in commercial or non-commercial vehicle
- Driving Commercial Motor Vehicle When CDL Disqualified (Sections 1543 or 1606): 1 year disqualification and 3-year disqualification for Hazmat for offense when committed in CMV only.
- Causing Death Through Negligent Operation of CMV (Sections 3742, 3735, 2503 and 2504): 1 year disqualification and 3-year disqualification for Hazmat for offense when committed in CMV only.
Non-Vehicle Code Violations
- Using Vehicle to Commit Felony Drug Offense: Lifetime CDL ban for felony drug offense committed in commercial or non-commercial vehicle
SERIOUS TRAFFIC OFFENSES
For serious traffic offenses, if a CDL driver is convicted of 2 or more serious offenses within 3 years, a 60-day disqualification applies. If a CDL driver is convicted of 3 or more serious traffic offenses within 3 years, a 120-day disqualification applies. Most offenses must be committed in a CMV to apply.
- Speeding or Exceeding Maximum Speed by 15mph or more in CMV (Secitons 3362 and 3365(b))
- Speeding or Exceeding Maximum Speed by 15mph in work zone or school zone in CMV or non-CMV
- Hazardous Grades in CMV (Section 3365(c))
- Reckless Driving in CMV or Non CMV (Section 3736)
- Improper Lane Changes in CMV (multiple sections)
- Following Too Closely in CMV (Section 3310)
- Duty of Driver in Construction Area in CMV (Section 3326)
- Fatal Accidents in CMV or non-CMV (multiple sections)
- Driving CMV Without CDL
- Texting While Driving CDL (Section 1621)
- Using Handheld Device While Driving CDL (Section 1622)
RAILROAD-HIGHWAY GRADE CROSSING OFFENSES
Railroad-highway grade crossing offenses must occur in a CMV to qualify. The length of disqualification is 60-days for a first offense, 120-days for a 2nd offense, and 1-year for a 3rd offense committed within any 3-year period:
- Failure to Slow and Check for Clear Tracks (Section 3342(g))
- Failure to Stop Before Reaching Crossing if Tracks are Not Clear (Section 3342(g))
- Failure to Stop Before Driving on Crossing (Section 3342 (a) and (e))
- Failure to Obey Traffic Control Device or Direction of Enforcement Official at Crossing (Section 3341(a) and (b)(1))
- Failure to Negotiate Crossing Because of Insufficient Undercarriage Clearance (Sections 3343(a), (c) and (d)
DO I NEED TO APPEAR FOR MY TRAFFIC CASE?
The Zuckerman Law Firm has been successful in requesting a waiver of appearance for CDL drivers who live out of state, or who travel out of state frequently. While there is no rule that allows an attorney to appear for you, many magistrates have allowed our attorneys to waive client appearances when travel would pose a hardship. Rule 455 of the Pennsylvania Rules of Criminal Procedure allows the court to hold a hearing in your absence.
OUT-OF-STATE CDL DRIVERS CITED IN PENNSYLVANIA
If you have an out of state CDL and were cited in Pennsylvania, it is recommended that you retain a lawyer to defend you on your Pennsylvania citations, while consulting with a traffic lawyer in your state of licensure regarding the potential consequences of your case. While states have similar provisions punishing CDL drivers for traffic violations, each state is different.
WHAT SHOULD I DO NEXT?
If you have a Commercial Driver's License, and have been cited for any traffic or vehicle code violation, you should immediately contact an attorney to discuss the potential consequences. Contact the experienced Pittsburgh traffic ticket defense lawyers of the Zuckerman Law Firm at 412-447-5580. The initial consultation is free of charge.