If you drive for a living in New York, whether as a taxi or limo driver or an OTR driver, your commercial driver's license (CDL) is your lifeline. Having it revoked or suspended for any reason will mean losing your income and possibly your professional career.
If you hold a CDL in New York and were recently issued a ticket that could result in a CDL suspension, you can't afford to hope that it won't affect your future. Call Katz Lawyers in New York City to talk to attorney Seth Katz about your best options for fighting your CDL suspension or revocation. Founded in 1999 with a focus exclusively on New York traffic law, Katz Lawyers has become recognized as one of the pre-eminent law firms professional drivers turn to for help with all issues related to traffic tickets, CDL suspensions and revocations.
What Can Cause You To Get Your CDL Suspended?
There are a variety of reasons a professional driver may face a suspended CDL in New York. Not all of them are directly related to traffic violations.
If you have been notified that your CDL has been suspended for any reason — for any length of time — or is under review for possible suspension or revocation, immediately notify your employer. It is critically important to your driving career that you DO NOT drive a truck or other commercial vehicle if your CDL has been suspended for any reason.
The New York Department of Motor Vehicles administers commercial driver's licenses according to minimum standards established by the U.S. Commercial Motor Vehicle Safety Act of 1986.
Depending upon the nature of the offense and your professional and personal driving record, your CDL may be suspended for various periods of time.
The most common reasons include:
- Repeat traffic violations while driving on the job or off duty
- Criminal charges and convictions for abuse of alcohol or illegal narcotics
- Failure to properly insure your commercial truck, delivery van or transport vehicle
- Unpaid traffic citations
Another reason it is so important to
fight a driver's license suspension
If you have your personal New York driver's license suspended or revoked for any reason, your CDL will also be revoked and no temporary hardship reinstatement is available for driving a commercial vehicle.
If you get a ticket, while driving in either your commercial vehicle or your privately owned car, it is important to handle the ticket immediately. Paying the fine may seem like the most expedient solution, but it is NOT always the best option for professional drivers. Fighting your traffic ticket to keep it off your commercial driving record is often the best way to protect your professional future.
How Long Will The CDL Suspension Be?
The length of suspension varies according to your infraction, reason for suspension and your past driving record. In general, the DMV follows these guidelines:
- DWI with a blood alcohol concentration (BAC) above .039 percent = one year
- Transporting passengers in a commercially licensed vehicle while intoxicated = one year
- Driving a vehicle under the influence of narcotics = up to one year
- Refusing to submit to a BAC test after a traffic stop = up to 18 months
- Hit-and-run, leaving the scene of an accident without reporting = one year
The period of suspension increases to up to three years if any of the above offenses occurred while you were transporting hazardous material.
Why is it so important to fight a DUI if you hold a CDL in New York? Under federal regulations, any driver older than 21 years of age who holds a CDL may be charged with driving under the influence of alcohol if his or her BAC registers .04 percent or higher. The usual standard for DWI charges in New York is .08 percent. If the CDL driver is under 21, the allowable BAC drops to just .02 percent. Refusing to take the BAC test isn't a good strategy, either. You will face an automatic 18-month CDL suspension.
Call Katz Lawyers To Fight Your CDL Suspension
If you hold a CDL in New York and are facing a suspension or revocation for any reason, call Katz Lawyers right away at 646-835-2330 in Manhattan or Staten Island at 718-876-8105. We protect the rights of professional drivers throughout the state of New York. You may also contact us by email to arrange a return phone call to discuss your case.