G. JAMES KASSIR

 

ATTORNEY AT LAW

(f) 630-203-6089

201 East Ogden Avenue
Suite 215
Hinsdale, Illinois 60521

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CDL ISSUES

Non-Immediate Disqualifications

Court Supervision for a serious or major traffic violation does keep your CDL from being disqualified.  Court Supervision is still considered a Conviction if you hold a CDL and the violation will appear on your MVR.  Court Supervision will not prevent the disqualification of your CDL or prevent the offense from appearing on your public driving record.  Only a finding of "Not Guilty" or an amendment to a non-moving violation will keep your driving privileges from being disqualified.  

 

For serious violations while operating your CMV, your CDL will be disqualified after your:

  • 2nd violation within 3 years: For 60 days.

  • 3rd violation within 3 years: For 120 days.

If the violations occur while operating a non-CMV, there will not be a disqualification unless the offenses would cause a suspension or revocation of the base privilege.

When ticketed, it is best to assume any violation can jeopardize a CDL.  Consulting with an experienced attorney can help you understand what is a "Serious Traffic Violation". Examples of "Serious traffic violations" include the following:

  • speeding 15 mph over the limit, 625 ILCS 5/11-601(b)

  • improper lane usage, 625 ILCS 5/11-709(a)

  • reckless driving, 625 ILCS 5/11-503(a)(1) and (a)(2)

  • following too close, 625 ILCS 5/11-710(a)

FOR A COMPLETE LIST OF SERIOUS TRAFFIC VIOLATIONS, see 49 CFR 383.51

Immediate Action Disqualifications

The following will result of an immediate action disqualification regardless of the vehicle being drive:

1-  Refusing a chemical test;

2-  Registering over the legal limit:

      (a)  .04 if operating a CMV

      (b)  .08 if operating a non-CMV;

3-  ​Conviction (including Court Supervision) for a DUI, Leaving the Scene, and Commission of a Felony While        

      Operating a motor vehicle;

4-  Driving while base privileges are suspended, revoked, or canceled;

5-  Causing a fatality through the "negligent" operation of a vehicle.

Major offenses will result in the following disqualification terms:

  • 1st violation: 1 year.

    • 3 years if transporting hazardous materials.

  • 2nd violation: Life.

    • DUI offenders may be eligible for CDL reinstatement after 10 years, pending the completion of a state-approved alcohol program.

For more information see, The Uniform Commercial Driver's License Act at 625 ILCS 5/6-500.