Home > COMMERCIAL DRIVER LICENSE TRAFFIC OFFENSE LAWYERS IN CLEVELAND, OHIO

COMMERCIAL DRIVER LICENSE TRAFFIC OFFENSE LAWYERS IN CLEVELAND, OHIO

Success for our Clients

ZLM attorneys successfully negotiated a reduction from OVI charge to a lesser charge of Physical Control for Client with a Commercial Driver’s License (CDL), to avoid automatic 1-year CDL disqualification. ZLM attorneys further successfully obtained a Court Order vacating Administrative License Suspension, to avoid 1-year CDL disqualification. Client sentenced to 6 months non-reporting probation, no Driver’s License Suspension. Previously imposed CDL disqualification resulting from Administrative License Suspension removed and deleted from Ohio Bureau of Motor Vehicles system, allowing Client to continue her employment as a CDL driver.

COMMERCIAL DRIVER LICENSE TRAFFIC OFFENSE:

            Commercial Driver’s License (CDL) holders are held to a different standard than non-CDL holders, even when operating non-commercial vehicles.

TRAFFIC OFFENSE ACTS RESULTING IN CDL DISQUALIFICATION IN OHIO:

  • If a CDL holder is arrested for OVI and refuses to consent to a breath, blood, or urine test, or is convicted of an OVI offense (even while operating a non-commercial vehicle), his or her CDL will be subject to disqualification for at least one year, and may be subject to a lifetime disqualification, depending on his or her circumstances.
  • Generally, Ohio law provides for CDL disqualifications under the following circumstances:
Alcohol/Drug Violations First Offense Second Offense
Alcohol/Drug Test Refusal in any Motor Vehicle (MV) One year Lifetime
Alcohol Positive Test Any Detectable Amount Operating Commercial Vehicle (CMV) 24 hours out of service 24 hours out of service
0.04 breath test operating CMV One year Lifetime
0.048 blood test One year Lifetime
0.056 urine test operating CMV One Year Lifetime
OVI Conviction in any MV One Year Lifetime
Under influence any controlled substance in any MV One year Lifetime

 

Other Major Violations First Offense Second Offense
Driving Under Suspension, Disqualification, Revocation in a CMV One year Lifetime
Cause Fatality by Negligent Operation of CMV One Year Lifetime
Failure to stop after accident in any MV One Year Lifetime
Using any MV in commission of a felony One year Lifetime

 

Serious Traffic Violations*                

Any 2 or 3 in a 3-Year Period (Mix or Match)

First Offense Second Offense
Driving CMV without a CDL 60 days One year
Texting while driving 60 days One year
Using Hand-Held Mobile Phone 60 days One year
Using any MV in commission of a felony 60 days One year
Speed 15 MPF or more over posted speed limit 60 days One year
Willful disregard of Safety (Reckless Operation) 60 days One year
Traffic violation resulting in fatality 60 days One year
Violation of CDL Class Restriction 60 days One year
Driving CMV without CDL in possession 60 days One year
Marked lane violation 60 days One year
Following too close 60 days One year
Cause Fatality by Negligent Operation of CMV One year Lifetime
Failure to stop after accident in any MV One year Lifetime
Using any MV in commission of a felony One year Lifetime

*“Serious Traffic Violations” committed in a non-commercial MV may have the same effect as if they were committed in a CMV if the violation resulted in a suspension. See, R.C. 4506.16(D)(6)(a) http://codes.ohio.gov/orc/4506.16 .

  • Other traffic violations, including Railroad Crossing violations and “Out-of-Service” violations, can also result in disqualifications of a Commercial Driver’s License.

CDL disqualifications can be appealed to the Ohio Bureau of Motor Vehicles, however, time is of the essence in appealing a disqualification.

 

EFFECT OF DRIVER’S LICENSE SUSPENSION ON CDL LICENSE:

Under Ohio law, if you are a Commercial Driver’s License holder and if your driver’s license is suspended for any reason, no court can issue an order granting you limited driving privileges for the operation of a commercial vehicle. See, R.C. 4506.161 http://codes.ohio.gov/orc/4506.161 . Accordingly, if your driver’s license is suspended, while you may be eligible for limited driving privileges to operate a non-commercial vehicle, you cannot obtain limited driving privileges to operate a commercial vehicle.

Therefore, if you are a Commercial Driver’s License holder and have been charged with an OVI, DUS, or other major violation or “Out-of-Service” order, it is imperative that you retain the services of an attorney immediately, as disqualification of your Commercial Driver’s License may occur, and, depending on your circumstances, you may be facing lifetime disqualification.

CALL ZUKERMAN ABOUT COMMERCIAL DRIVER’S LICENSE OFFENSES: 

In retaining the services of an attorney, it is crucial that your attorney is well-versed in the administrative consequences that could affect your Commercial Driver’s License. Your livelihood depends on it. The attorneys at Zukerman, Lear & Murray Co., L.P.A. have successfully represented many CDL holders.

If you or a member of your family is a Commercial Driver’s License (CDL) holder and has been accused of, or charged with, an OVI, DUS, or other major violation or “Out-of-Service” order, do not hesitate to contact Zukerman, Lear & Murray Co., L.P.A. Due to the administrative process, the sooner legal representation is obtained the better, as there are time limits within which a disqualification order must be appealed.

How Can We Serve You?

Your way of life and your future hangs in the balance, the attorneys at Zukerman are here to defend your freedom. Do not hesitate to contact us, we treat every matter seriously. Please fill out the form below and we will respond to your message as soon as possible.

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