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Protecting CDL Licenses

Posted by Bryan Underwood | Aug 23, 2022 | 0 Comments

Effective July 14, 2018, the Commonwealth shall not "mask" the driving recording of a CDL holder, i.e. divert, dismiss or reduce traffic offense committed by CDL holders even when the offense is committed in a non-commercial vehicle.  Now, this has been Federal law since 1999, but something has recently spooked prosecutors, probably the threat of the loss of Federal road money, making it nearly impossible to negotiate a resolution of these type cases.  What are the consequences for CDL holders?  If a CDL holder has  two serious moving violations in three years, then the CDL is suspended for 60 days, and a 120 day suspension for three serious moving violations in three years.  "Serious moving violations" include:  Speeding 15 mph or more, improper lane changes, following too closely, reckless driving or wanton endangerment.  A one year suspension will result from a first conviction of any of the following:  DUI while driving commercial vehicle w/BAC of 0.04% or more, or under the influence of controlled substance, or refusing to submit to blood, breath or urine test when stopped for probable cause; leaving the scene of an accident; or using the commercial vehicle in the commission of a felony.  Considering that a suspended CDL means an estimated loss of income of $5,000 to $10,000 per month or more, paying a few thousand dollars to take the charge to trial is a risk worth taking to protect one's CDL.  So, be careful pre-paying that speeding ticket.  Consult with an attorney first.        

About the Author

Bryan Underwood

Bryan Keith Underwood, Attorney At Law   I enjoy being able to live and practice law in my hometown of Maysville, Kentucky, named one of the most charming towns in America by Country Living magazine.  Our residents, however, deal with the same serious legal issues.  Since 1999, I have successfu...


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