The first thing you need to do after you’ve been charged with a Commercial Driver License violation is to call a Cooley, Iuliano, Robey PLLC traffic violation attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association. Even if you’re not arrested for an offense, the consequences of these can hurt your livelihood.
Our skilled CDL violation defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they help you with any CDL violation case against you. Our CDL violation law firm and CDL violation attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is a CDL violation?
In Kentucky and the rest of North America (including Canada and Mexico), all commercial drivers are required to have a special driver license called Commercial Driver License (CDL) to operate a commercial motor vehicle (CMV) that is heavier than 26,001 pounds, or to transport hazardous materials, or that is used to transport 16 or more passengers.
Kentucky has several types of CDLs, all depending on the weight of the vehicle. And it also has a special restriction to drivers under 21 years old. Plus, endorsements are placed depending on the types of cargo, like hazardous materials, and are subject to more regulations than regular commercial vehicles.
Having a CDL is an enormous responsibility and the most regulated type of driver’s license. Violating any of the rules can mean either a fine or even be prohibited from driving another commercial vehicle for years. In cases such as operating a commercial vehicle under the influence of alcohol, the penalties might even be a lifetime ban from driving a CMV.
Have you been charged with a CDL violation?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with CDL violation, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
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Kentucky Point System
Kentucky doesn’t just fine you for a violation. You can’t just pay your traffic tickets and keep on driving. In order to make sure people are motivated to improve their driving and keep the streets safe, there is a point system that adds points to your licence based on how many infractions or traffic violations you commit.
You start off with zero points. For every violation you commit, you accumulate points. If you’re over 18 years of age and reach 12 points within a period of 2 years, your license is suspended and you have to face a hearing to appeal that decision. If you’re younger than 18, your point limit is 7. If you miss your hearing, the consequences can be a six month suspension or a year suspension if you accumulate 12 more points. Two years after that if another 12 points are added after a two year period.
You can always appeal these suspensions, but you must be sure to not miss any of your hearings. If you do, your license is automatically suspended.
Types of CDL violations in the Kentucky Revised Statutes
It’s normal for most people, in compliance with court orders, to just show up to court alone and pay whatever fine they get after a traffic violation. Or they even pay the ticket in advance. Before doing so, you should consider the services of a defense attorney, because even traffic violations can have effects upon insurance rates or your driving privileges. In Kentucky, many traffic violations result in “points” being added to your driving record, and too many points lead to your license suspended, or you may be placed on probation. A lawyer for driving offenses can help you avoid all this.
Which is why obtaining the services of a CDL violation defense attorney Lexington against CDL violation cases are the first thing you need to do when faced with charges like these. CIR Legal’s seasoned CDL violation attorneys can help you with any type of CDL violation cases and help you determine what you’re up against.
Commercial Vehicle Violation
(1) A person who holds or is required to hold a CDL shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if convicted of:
(a) Driving or being in physical control of a motor vehicle under the influence of alcohol or a controlled substance;
(b) Driving or being in physical control of a motor vehicle while the alcohol concentration of the person’s blood or breath or urine is four hundredths (0.04) or more;
(c) Leaving the scene of an accident involving a motor vehicle driven by a person who holds or is required to hold a CDL;
(d) Using a motor vehicle in the commission of any felony listed in KRS 186.560; (e) Refusing to submit to testing as required by KRS 281A.220 when driving a motor vehicle;
(f) Committing a first violation of driving a commercial motor vehicle while the person’s commercial driver’s license is revoked, suspended, or canceled, or when the person is disqualified from operating a commercial motor vehicle; or
(g) Causing a fatality through negligent or criminal operation of a commercial motor vehicle.
(2) A person who holds or is required to hold a CDL shall be disqualified for life if convicted of two (2) or more violations of any of the offenses specified in subsection (1) of this section or any combination of those offenses, arising from two (2) or more separate incidents. The provisions of this subsection shall only apply to convictions that occurred after the disqualification dates established by the Federal Motor Carrier Safety Administration. The Transportation Cabinet shall set forth those dates in an administrative regulation promulgated pursuant to KRS Chapter 13A.
(3) If any violation specified in subsection (1) of this section occurred while transporting a hazardous material required to be placarded, the person who holds or is required to hold a CDL shall be disqualified for a period of three (3) years.
(4) Notwithstanding any other provisions of law, a period of suspension, revocation, or disqualification imposed under the provisions of this chapter shall not be reduced. However, in accordance with the provisions of Title 49, Code of Federal Regulations, Part 383, the cabinet may establish guidelines including conditions under which a disqualification of not less than ten (10) years may be imposed.
(5) A person who holds or is required to hold a CDL shall be disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(6) A person who holds or is required to hold a CDL shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days consecutively if convicted of three (3) serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period.
(7) A person who holds or is required to hold a CDL shall be disqualified for the first offense from driving a commercial motor vehicle for six (6) months if the person has been convicted of committing any of those offenses enumerated in KRS 186.610 involving a commercial motor vehicle, commercial driver’s license, or application for that license. For the second and each subsequent offense, the person shall be disqualified from operating a commercial motor vehicle for a period of one (1) year.
(8) The cabinet shall deny a person a commercial driver’s license or shall suspend, revoke, or cancel his commercial driving privilege, subject to a hearing conducted in accordance with KRS 189A.107, when the cabinet has reason to believe that the person refused to submit to a test to determine his alcohol concentration while driving a commercial motor vehicle.
(9) If a person who holds or is required to hold a CDL is convicted of any of the railroad crossing offenses or conduct enumerated in KRS 189.500, 189.560, and 189.565, then the person shall be disqualified from operating a commercial motor vehicle for a period of:
(a) Sixty (60) days for the first offense;
(b) One hundred twenty (120) days for the second offense within a three (3) year period; and
(c) One (1) year for the third or subsequent offense within a three (3) year period.
(10) If a person who holds or is required to hold a CDL violates an out-of-service order while transporting nonhazardous materials, then the person shall be disqualified from operating a commercial motor vehicle for a period of:
(a) Ninety (90) days for the first offense;
(b) One (1) year for the second offense in a separate incident within a ten (10) year period; and
(c) Three (3) years for the third or subsequent offense in a separate incident within a ten (10) year period.
(11) If a person who holds or is required to hold a CDL violates an out-of-service order while transporting hazardous materials required to be placarded under the 49 U.S.C. sec. 5101 et seq., or operating a commercial motor vehicle designed to transport sixteen (16) or more passengers, including the driver, then the person shall be disqualified from operating a commercial motor vehicle for a period of:
(a) One hundred eighty (180) days for the first offense; and
(b) Three (3) years for the second or subsequent offense in a separate incident within a ten (10) year period.
(12) A person who violates the provisions of KRS 281A.205 shall be fined fifty dollars ($50) for the first offense. For a subsequent offense, a violator shall be fined one hundred dollars ($100) and shall have his or her school bus endorsement suspended for a period of six (6) months.
(13) After disqualifying a commercial driver’s license holder or suspending, revoking, or canceling a commercial driver’s license, the Transportation Cabinet shall update its records to reflect that action within ten (10) days of receipt. After disqualifying a commercial driver’s license holder or suspending, revoking, or canceling an out-of- state commercial driver’s license holder’s privilege to operate a commercial motor vehicle for at least sixty (60) days, the Transportation Cabinet shall notify the licensing authority of the state which issued the commercial driver’s license or commercial driver’s instruction permit with this information within ten (10) days. The notification shall include both the disqualification and the violation that resulted in the disqualification, suspension, cancellation, or revocation.
(14) Upon notice from the Federal Motor Carrier Safety Administration that a driver has been determined to be an imminent hazard and has been disqualified from operating a commercial motor vehicle, the cabinet shall act in accordance with the provisions of 49 C.F.R. sec. 383.52. The cabinet shall notify the driver of the disqualification, which shall not exceed one (1) year in duration, and of the right to appeal to the Federal Motor Carrier Safety Administration in accordance with 49 C.F.R. sec. 383.52.
If you or someone you care about has been charged with a CDL crime in Kentucky, contact our reputable criminal defense lawyers or CDL lawyers as soon as possible by calling 859-636-6803.
Overweight Trailer and Semi-Trailer Violations
A person shall not operate on any highway, except those highways designated by the secretary of transportation under the provisions of KRS 189.222, or those locally maintained highways under the provisions of KRS 189.222(11) or KRS 189.230(4), any of the following trucks, trailers, manufactured homes, or vehicles:
(1) Any motor truck, semitrailer, trailer, manufactured home, or vehicle which exceeds eleven and one-half (11-1/2) feet in height or ninety-six (96) inches in width, including any part of the body or load;
(2) Any motor truck, except a semitrailer truck, which exceeds twenty-six and one half (26-1/2) feet in length, including any part of the body or load;
(3) Any semitrailer truck which exceeds thirty (30) feet in length, including any part of the body or load;
(4) Any truck, semitrailer truck, or truck and trailer unit which exceeds 36,000 pounds gross weight, including the load;
(5) Any truck, semitrailer truck, or tractor-trailer unit which exceeds a gross weight equal to the sum of six hundred (600) pounds per inch of the combined width of the tires upon which the vehicle may be propelled, but no more than thirty-six thousand (36,000) pounds.
(6) Notwithstanding the provisions of this section, any truck hauling building materials under KRS 189.2226, or to a road construction project on a highway rated less than the maximum weight provided above, may haul up to eighty thousand (80,000) pounds gross weight, including the load, without a permit.
If you or someone you care about has been charged with a CDL crime in Kentucky, contact our reputable criminal defense lawyers or CDL lawyers as soon as possible by calling 859-636-6803.
(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) per pound for each pound of excess load when the excess is five thousand (5,000) pounds or less. When the excess exceeds five thousand (5,000) pounds the fine shall be two cents ($0.02) per pound for each pound of excess load, but the fine levied shall not be less than one hundred dollars ($100) and shall not be more than five hundred dollars ($500)
If you or someone you care about has been charged with a CDL crime in Kentucky, contact our reputable criminal defense lawyers or CDL lawyers as soon as possible by calling 859-636-6803.
Penalties in CDL violation Cases
Although the penalties for all CDL violation crimes committed in the Commonwealth of Kentucky are subject to the results of the work from your criminal defense attorney during the trial, there are still basic Kentucky Sentencing Guidelines for charges of CDL violation offenses, depending on their seriousness, and whether the crime is classified as a misdemeanor or a felony is detailed in their individual statute.
As it pertains to CDL violations specifically, however, they are punishable mostly with fines that can be extra cents added to each extra pound in the cargo when dealing with weight violations in trailers and semi-trailer trucks. Or in cases where the violations are for traffic infractions or offenses,most of the penalties are license suspensions. The suspension of the CDL can range from just a couple of days to 10 years. The time is dependent on the amount of violations within any time period or the type of violation.
For any of which, it is of utmost importance to work with a reputable CDL Violation lawyer in your area to see to your case.
You need an experienced CDL violation and traffic violation lawyer that specializes in these types of offenses
All of our CDL violation attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of traffic violations and even CDL violation charges and traffic violation defenses. We value the best interest of every client above all. When it comes to CDL violation offenses, you need CDL violation attorneys who will fight for your constitutional rights, and go through every detail of your case, no matter how inconsequential they may be.
Free Consultation & Case Review from our experienced CDL violation lawyers
At CIR Legal, our traffic violation attorney’s CDL violation defense services include offering free consultation and case review to potential clients or otherwise. Our CDL violation attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our office at 859-636-6803 or fill out our form for a free consultation
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