CDL & Trucking Ticket Lawyer — New York

If you hold a commercial driver’s license, a single traffic ticket can end your career. The rules for CDL holders are far more severe than for regular drivers. Points, suspensions, and disqualifications that a regular driver might absorb can cost a commercial driver their livelihood. We handle CDL and trucking violations in every court across New York State — and we understand what is at stake.

Text us at (631) 678-8993 or call toll-free at (888) 275-2620 for a free consultation. Available 24/7.

Why CDL Holders Cannot Afford to Plead Guilty

Regular drivers can sometimes absorb a conviction and move on. CDL holders cannot. Federal Motor Carrier Safety Administration (FMCSA) regulations impose mandatory disqualification periods for CDL holders convicted of certain violations — and these apply whether the violation occurred in a commercial vehicle or your personal car. There is no judicial discretion. The disqualification is automatic once the conviction hits your record. The only way to prevent it is to avoid the conviction in the first place.

CDL Disqualification Rules

Serious Traffic Violations

Under 49 CFR § 383.51, the following are classified as “serious traffic violations” for CDL holders: speeding 15+ mph over the limit, reckless driving, improper or erratic lane change, following too closely, any traffic violation arising from a fatal accident, driving a commercial vehicle without a CDL, and driving a commercial vehicle without the proper endorsement or class.

Two serious violations within 3 years result in a 60-day CDL disqualification. Three serious violations within 3 years result in a 120-day disqualification. These periods apply on top of any state-level penalties.

Major Offenses — One Strike

A single conviction for any of the following results in a one-year CDL disqualification (three-year if driving a hazmat vehicle at the time): DWI/DWAI in any vehicle (commercial or personal), leaving the scene of an accident, using a vehicle in the commission of a felony, and refusing a chemical test. A second conviction for any major offense results in a lifetime disqualification.

Railroad Crossing Violations

A conviction for a railroad crossing violation while operating a commercial vehicle results in a 60-day CDL disqualification for a first offense, 120 days for a second offense within 3 years, and one year for a third offense within 3 years.

Out-of-Service Order Violations

Operating a commercial vehicle in violation of an out-of-service order results in a 90-day to one-year disqualification for a first offense and one to five years for a second offense. If transporting hazardous materials, the penalties increase to 180 days to two years for a first offense and three to five years for a second.

Common Trucking Violations We Handle

We represent CDL holders and trucking companies on all types of commercial vehicle violations across New York, including:

Moving violations: Speeding, following too closely, improper lane change, failure to obey traffic signals, failure to yield, unsafe backing, and all other moving violations that carry points and can trigger CDL disqualification.

Overweight and size violations: Overweight on axle, overweight on gross, over-height, over-width, and over-length violations. These carry heavy fines and can result in the vehicle being placed out of service.

Equipment violations: Defective brakes, tire violations, lighting violations, reflector violations, coupling device defects, and other equipment violations discovered during roadside inspections.

Hours of service violations: Logbook violations, exceeding driving hours, falsification of records, and ELD (electronic logging device) violations.

Registration and permit violations: Operating without a valid registration, operating without required permits (oversize/overweight permits, fuel permits, IFTA), and registration suspension violations.

DOT inspection violations: Violations arising from roadside inspections, including out-of-service orders for vehicle or driver conditions.

Criminal traffic charges: DWI, reckless driving, aggravated unlicensed operation, leaving the scene of an accident, and other misdemeanor or felony traffic charges.

New York CDL and Points

New York assigns the same points to CDL holders as to regular drivers. However, the consequences are amplified. A regular driver with 6 points faces a $300 assessment fee. A CDL holder with 6 points faces the same fee — plus the risk that the underlying convictions qualify as “serious traffic violations” under federal law, triggering disqualification on top of the state penalties.

Additionally, CDL holders cannot take a defensive driving course to mask points for purposes of avoiding CDL disqualification. The 4-point credit from a PIRP course applies only to the state point calculation — it does not affect federal disqualification rules. The only way to avoid disqualification is to avoid the conviction.

Tickets in Your Personal Vehicle Still Count

This is the fact that surprises most CDL holders: serious traffic violations in your personal car count toward CDL disqualification. If you get a speeding ticket for 16 mph over the limit while driving your own car on the weekend, that counts as a serious traffic violation under federal rules. A second serious violation within 3 years — even if also in your personal vehicle — triggers a 60-day CDL disqualification. Your employer is required to check your driving record, and a disqualification means you cannot drive commercially during that period. For many drivers, that means losing their job.

What We Can Do for CDL Holders

The goal in every CDL case is to avoid a conviction that triggers points or disqualification. Depending on the court and the charge, we pursue several strategies:

Negotiate a reduction to a non-moving violation. In most New York courts outside of NYC, traffic tickets can be plea bargained. We negotiate to reduce moving violations to zero-point non-moving violations — such as parking or equipment violations — that do not count as serious traffic violations under federal rules and do not affect your CDL.

Challenge the ticket on procedural grounds. Demand supporting depositions, challenge radar calibration records, identify defects on the face of the ticket, and move for dismissal when the prosecution fails to comply with discovery obligations.

Contest the ticket at trial. When negotiation is not available or does not produce an acceptable result, we try the case. This is particularly important at the NYC TVB, which does not allow plea bargaining.

Protect your CSA score. Convictions for commercial vehicle violations affect your Compliance, Safety, Accountability (CSA) score maintained by the FMCSA. A poor CSA score can trigger DOT audits, increase insurance costs for your carrier, and make it harder to find employment. We fight to keep violations off your record entirely.

We Handle Tickets in Your Court — Anywhere in New York

Trucking violations can happen anywhere — the Thruway, the LIE, I-81, I-87, I-90, Route 17, or any local road in any county. We represent CDL holders in all 62 New York counties. You do not need to travel back to the court. We handle everything.

Get a Free Consultation. We handle tickets in your court.

Text us at (631) 678-8993

Or call us toll-free at (888) 275-2620 Available 24/7.

Ronald Cook “wrote the book” on traffic tickets titled Beating Traffic Tickets, available on Amazon.com.

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