For those who possess a commercial driving license, certain types of motor vehicle violations can result in the suspension of their CDL. While the loss of driving privileges can make it difficult for the average driver to get to work, the loss of a CDL to those who earn their living by driving a commercial vehicle takes away their ability to work and to support their family. An experienced criminal defense lawyer like those at Bailey & Orozco can often assist you in avoiding the loss of your CDL, or help to minimize the period of suspension.

At the very least, an experienced defense lawyer should be able to reduce your exposure to either points, or to reduce a “serious offense” which can result in the suspension of your CDL, into an offense which does not automatically expose you to this type of penalty. One of the issues we have had to handle for our clients, happens when the CDL holder pleads guilty in an out-of-state court to an offense that in that Court is not a ‘serious violation’ but under New Jersey law has a more serious consequence, such as mandatory points. This can involve the hiring of an attorney in both states, to try to undo the damage caused by the plea.

Direct Consequences of a CDL Offense:

These typically include the fines and costs assessed by the Municipal Court; and, any period of suspension directly ordered by the Court for certain types of driving violations. It may also include a jail sentence, for something as simple as operating a CMV without holding a CDL with proper endorsements for the type of CMV being operated.

Collateral Consequences of a CDL Offense:

These typically include a suspension or disqualification of a CDL holder from operating a CMV for a specific period of time. This type of consequence is typically imposed by the Motor Vehicle Commission (MVC) rather than the court. The length of suspension or disqualification can range from 60 days to a lifetime ban, depending on the conviction type and the prior offense history of the CDL holder.

Consultation with a Defense Lawyer

Within twenty-four hours of receiving the Summons:

• Write a complete account of the incident starting prior to the stop and ending after you are released by the officer. DO NOT SHARE THIS NARRATIVE WITH ANYONE OTHER THAN AN ATTORNEY.
• Make an appointment to consult with an experienced defense attorney who has previously represented clients who make their living with a commercial driving license.

What to bring to the appointment with the lawyer:

• The narrative writing you prepared of all details of the incident.
• All documents regarding this or past driving offenses, to include any police reports or witness statements.
• Medical documents for any condition that you had at the time of the incident.
• The names, addresses and telephone numbers of any witnesses.

Be prepared to discuss:

• The several hour time frame prior to the incident
• The events that occurred during the incident
• The events that occurred after the incident