Lake County Illinois lawyer defending cdl holders
Matthew T. Hoffman P.C.
Attorney at Law
438 North Sheridan Road
Waukegan, Illinois 60085
Phone: (847) 360-1880
Toll Free: (877) 360-1880
Lake & Cook County, IL

Illinois CDL / CMV Traffic Violations

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Park City     Round Lake Beach     Mundelein    Waukegan     Rolling Meadows    Skokie

Illinois Traffic Lawyer Defending CDL / CMV Drivers with Traffic Violations


Former Prosecutor Helping Truckers & Commercial Drivers Keep Their CDLs

Defending CDL / CMV drivers with these and other violations

  • serious traffic violations, including speeding 15 or more over the limit
  • traffic accidents
  • lane violations
  • following too closely
  • out of service violations
  • suspended and revoked license violations
  • overweight violations
  • dui - alcohol and drug violations
  • CDL class and endorsement violations
  • driving CMV without valid CDL
  • railroad crossing violations
  • all CDL moving violations

If you hold a commercial driver’s license, in Illinois your commercial driving privileges are governed by different and stricter rules than are those of non-CDL holders. Many types of violations, such as speeding 15 or more over the speed limit, lane change violations, and following too closely are automatically viewed as “serious.”

If you are found guilty of multiple serious traffic violations within a certain time period, you will be disqualified from driving a commercial motor vehicle. Many of the different situations that can lead to CMV disqualification are described below.

lake county illinois attorney commercial truckers traffic violations
Lake and Cook County attorney Matt Hoffman has over 10 years' experience handling commercial driving cases. He is a former Lake County, Illinois traffic court prosecutor. As a result, Matt knows how important it is for you to keep your entire driving record clean. If you are a CDL holder, even violations while driving a non-CMV can trigger a disqualification of your commercial driving privileges.

If you carry a CDL license from another state, Matt knows what situations will cause Illinois to report traffic violations to your home state. He has successfully represented truckers involved in accidents, excessive speed violations, and handled many overweight violations.

Attorney he has had serious traffic violations amended to non-serious traffic violations and also had traffic charges dismissed. If you are considering legal representation on your CDL-related traffic ticket, Matt offers a free consultation on every case.

DISQUALIFICATION OF COMMERCIAL LICENSES

625 ILCS 5/6-500 illinois definition serious traffic violation cdl

The following is excerpted from Section 625 ILCS 5/6-500 of the Illinois Uniform Commercial Driver's License Act:

Sec. 6-500. Definitions of words and phrases. Notwithstanding the definitions set forth elsewhere in this Code, for purposes of the Uniform Commercial Driver's License Act (UCDLA), the words and phrases listed below have the meanings ascribed to them as follows:

(26) Serious Traffic Violation. "Serious traffic violation" means:

(A) a conviction when operating a commercial motor vehicle, or when operating a non-CMV while holding a CDL, of:

(i) a violation relating to excessive speeding, involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or

(ii) a violation relating to reckless driving; or

(iii) a violation of any State law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or

(iv) a violation of Section 6-501, relating to having multiple driver's licenses; or

(v) a violation of paragraph (a) of Section 6-507, relating to the requirement to have a valid CDL; or

(vi) a violation relating to improper or erratic traffic lane changes; or

(vii) a violation relating to following another vehicle too closely; or

(B) any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.

(Source: P.A. 94-307, eff. 9-30-05; 94-334, eff. 1-1-06; 95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)

*NOTE: Although every effort is made to include the law in its current state, no representation is made that the law as stated on this website is current. Legislative changes may occur before those changes are reflected on this website. Additionally, laws and legal precedent other than those found on this website may apply to your particular case. For this reason, it is strongly recommended that before acting upon any content you view on this or any other website, you first consult competent legal counsel.

Disclaimer

Under the Illinois Uniform Commercial Driver's License Act, 625 ILCS 5/6-500 et seq., there are many different reasons why your ability to drive a commercial motor vehicle ["CMV"] can be disqualified. A number of these reasons involve whether or not you have been "convicted" of "serious traffic violations." The Commercial Driver's License Act defines the terms "conviction" and "serious traffic violation" much more expansively than do other portions of the Illinois Vehicle Code. For this reason, if you are a CDL holder, any traffic ticket you receive, whether you are driving a commercial vehicle or a non-commercial vehicle, should be taken seriously.

Disqualification of Commercial Driver's License for Serious Traffic Violations Committed in a CMV

Under Illinois law, you can be disqualified from driving a commercial motor vehicle for repeated serious traffic violations committed in a CMV. Specifically, the law states that you will be disqualified from driving a CMV:

  • if you are convicted of 2 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occuring within a 3 year period, in which case the disqualification will be for at least 2 months; or
  • if you are convicted of 3 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period, in which case the disqualification will be for at least 4 months.
# of Serious Traffic Violation Convictions Time Period Length of CMV Disqualification
2 from separate incidents within 3 years minimum 2 months
3 from separate incidents within 3 years minimum 4 months



Disqualification of Commercial Driver's License for Serious Traffic Violations Committed in a Non-CMV

Under Illinois law, you can also be disqualified from driving a commercial motor vehicle for repeated serious traffic violations committed in a non-CMV while holding a CDL. Specifically, the law states that you will be disqualified from driving a CMV:

  • if you are convicted of 2 serious traffic violations committed in a non-CMV while holding a CDL, arising from separate incidents, occuring within a 3 year period, if the convictions would result in the suspension or revocation of the CDL holder's non-CMV privileges, in which case the disqualification will be for at least 2 months; or
  • if you are convicted of 3 or more serious traffic violations committed in a non-CMV while holding a CDL, arising from separate incidents, occurring within a 3 year period, if the convictions would result in the suspension or revocation of the CDL holder's non-CMV privileges, in which case the disqualification will be for at least 4 months.
# of Serious Traffic Violation Convictions Time Period Length of CMV Disqualification
2 from separate incidents within 3 years *minimum 2 months
3 from separate incidents within 3 years *minimum 4 months
      *if the convictions would result in the suspension or revocation of the CDL holder's non-CMV privileges

Disqualification of CDL for Driving a CMV While Suspended, Revoked, Cancelled or Disqualified

In addition to facing disqualification for serious traffic violations, there are other circumstances in which your ability to drive a commercial motor vehicle can be disqualified. Another such circumstance can arise if you are convicted of driving a CMV while your driver's license is revoked, suspended, cancelled or while you are disqualified from driving a commercial vehicle.

Conviction for driving a CMV while license is suspended, revoked, cancelled or disqualified Length of CMV Disqualification
first violation 12 month minimum disqualification
second violation lifetime disqualification

Disqualification of Commercial Driver's License for Driving a CMV During an Out of Service Order

If you are convicted of driving a CMV during an out of service order, you will also be disqualified from driving a commercial motor vehicle.

Conviction for driving a CMV during out of service order Length of CMV Disqualification
first conviction 6 month disqualification
second conviction within 10 year period 1 year disqualification
third conviction within 10 year period 3 year disqualification

Even longer disqualifications apply if you are convicted of driving a CMV while transporting passengers or hazardous materials while under an out of service order.

Conviction for driving a CMV while transporting passengers or hazardous materials during out of service order Length of CMV Disqualification
first conviction 1 year disqualification
second conviction within 10 year period 3 year disqualification
third conviction within 10 year period 5 year disqualification

Disqualification of Commercial Driver's License for other Traffic Convictions & Suspicion of DUI

Matt Hoffman attorney at law Lake County illinois cdl law firm

Additional reasons you will be disqualified from driving a CMV include the following:

  • Refusing to submit to or failing to complete alcohol or drug testing while driving

  • Operating a CMV with a blood alcohol content of 0.04 or greater or with an illegal


    drug in your system

  • Operating a non-CMV with a blood alcohol content of 0.08 or greater or with an


    illegal drug in your system while holding a commercial driver's license

  • If you are convicted of driving under the influence of alcohol or drugs while


    driving a CMV or while driving a non-CMV if you are a CDL holder

  • If you are convicted of leaving the scene of an accident or committing a felony


    while operating a CMV or while driving a non-CMV if you are a CDL holder

  • If you are convicted of causing a fatality through the negligent operation of a CMV

  • If you are convicted of certain offenses pertaining to railroad crossings

A Note on CDL Holders from Outside the State of Illinois

Drivers who hold commercial driver's licenses issued by states outside Illinois who are ticketed while inside Illinois also should take care in resolving their alleged traffic violations. This is because the Illinois Secretary of State is required to notify the licensing authority of CDL holders' home states of convictions for violations of any law or local ordinance relating to motor vehicle traffic control, other than parking violations.

Lake & Cook County Illinois CDL Traffic Violations Lawyer: Defending the Commercial Driver

illinois attorney defending commercial drivers in lake county with serious traffic violations
Matt Hoffman has over 10 years' experience handling traffic tickets and violations charged against Illinois CDL holders and drivers of commercial motor vehicles. He understands and appreciates the potential penalties that can be imposed if you are found guilty of traffic violations. As a former Lake County traffic court prosecutor, Matt is able to identify and exploit legal and factual issues that can greatly benefit the outcome of your case.

Matt appears routinely in the Lake County, Illinois traffic courts located in Park City, Round Lake Beach, Mundelein, and Waukegan, and in the Cook County, Illinois traffic courts located in Rolling Meadows and Skokie. Frequently, he defends truckers and commercial drivers who have been charged with traffic violations by any of the various north suburban police departments in the metropolitan Chicago area. He has defended many commercial drivers ticketed by the Illinois State Police.

illinois cdl trucker traffic ticket

Just because you have been charged with a violation does not mean that you are automatically guilty. A traffic ticket is merely an allegation. Because of this, Matt knows that until you either plead guilty or are found guilty, you are presumed innocent of the violation.

Thus, in representing you in traffic court, Matt will explore creative solutions for resolving your case, always with an emphasis on protecting your driving record and keeping your driver's abstract as clean as possible. These solutions can include seeking the dismissal of the charge, plea bargaining and negotiating for controlled results or lesser or amended charges, and even trial. Matt has over 10 years' experience as a trial lawyer.

Attorney Defending CMV Drivers Against Tickets Issued by Illinois Police Departments

Matthew T. Hoffman attorney at law of Matthew T. Hoffman P.C. represents CDL holders and commercial vehicle drivers charged with moving violations at the following Lake and Cook County, Illinois traffic courts:

There are many different police departments that forward traffic tickets given to CDL holders to the six local traffic courthouses in Northeastern Illinois for disposition. These courthouses include those located at Park City, Round Lake Beach, Mundelein, Waukegan, Rolling Meadows and Skokie. If you have been ticketed for a traffic violation within the jurisdiction of any of these six court venues, it is likely that you were cited by one of the following police departments. The Law Office of Matthew T. Hoffman P.C. defends CDL holders charged with traffic tickets issued by these and other local police departments:

Round Lake

Round Lake Beach

Round Lake Heights

Round Lake Park

Schaumburg

Schiller Park

Skokie

Streamwood

Third Lake

Tower Lake

Vernon Hills

Wadsworth

Wauconda

Waukegan

Wheeling

Wilmette

Winnetka

Winthrop Harbor

Zion

Lincolnwood

Lindenhurst

Long Grove

Morton Grove

Mount Prospect

Mundelein

Niles

Norridge

North Chicago

Northbrook

Northfield

Palatine

Park City

Park Ridge

Prospect Heights

Riverwoods
Rolling Meadows
Roselle
Rosemont

Hanover Park

Hawthorn Woods

Highland Park

Highwood

Hoffman Estates

Illinois State Police

Ingleside

Inverness

Island Lake

Kenilworth

Kildeer

Knollwood

Lake Bluff

Lake County Sheriff

Lake Forest

Lake Villa

Lake Zurich

Libertyville

Lincolnshire

Antioch

Arlington Heights

Bannockburn

Barrington

Barrington Hills

Beach Park

Buffalo Grove

Cook County Sheriff

Deerfield

Des Plaines

Elgin

Elk Grove Village

Evanston

Glencoe

Glenview

Golf

Fox Lake

Grayslake

Hainesville

 

 


Illinois definition of conviction under commercial driver's license act
Under the Illinois Uniform Commercial Driver's License Act, the term "conviction" means an unvacated adjudication or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court costs regardless of whether the imposition of a sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. See, 625 ILCS 5/6-500(8).
Matt Hoffman Waukegan Illinois Attorney at Law