Kansas City Firm Advocates for Clients Charged with CDL Violations
Trustworthy Missouri attorney assists drivers of commercial motor vehicles
A Commercial Driver License (CDL) requires special training due to the potential danger associated with the operation of large trucks. The Federal Motor Carrier Safety Administration (FMCSA) works with other government bodies to improve safety performance and remove high-risk carriers from the nation's highways. Unfortunately, overzealous authorities sometimes issue citations that are unsupported by the facts and could threaten a CDL holder’s livelihood. My firm, Howard L. Lotven, P.C., advocates on behalf of commercial motor vehicle drivers who have been cited for offenses ranging from minor traffic violations to serious criminal allegations arising from roadway accidents.
Can you get your CDL suspended?
Commercial drivers and the vehicles they operate are subject to Missouri and federal regulations. I am well versed in these rules and stand up for CDL holders in cases involving charges of:
- Overweight or oversize trucks — Driving an oversize or overweight truck without the proper permit results in a fine, which can increase depending on how severe the violation is.
- Log book and equipment violations — If log books detailing hours in service and other key information are not maintained properly and accurately, this offense goes on a driver’s record. You can also be penalized if your commercial motor vehicle has faulty or improper equipment.
- Driving while intoxicated — A conviction for driving while intoxicated results in a CDL suspension of one year if it’s your first offense. Drivers of commercial trucks are considered legally intoxicated if their blood-alcohol concentration is .04-percent or higher. Due to the principle of implied consent, the suspension applies even if you refuse to provide a breathalyzer or blood sample.
- Speeding, careless driving and other moving violations — Certain trucks must stop or slow down at railroad crossings. Failure to obey this law or other code sections pertaining to speeding, stop signs and unsafe driving trigger fines and license points. My firm defends drivers who feel they’ve been unfairly targeted.
- Driving on a suspended license — You are not permitted to drive a commercial motor vehicle while your CDL is suspended, but you can apply for a limited driver’s license that enables you to drive a passenger car or truck.
Most minor traffic offenses are punishable by two license points. Accumulating eight or more license points within an 18-month period leads to a 30-day suspension if your CDL has not been previously suspended. Should you collect 12 points in 18 months, or 18 points in 24 months, the suspension lasts for at least year. If you get your Missouri CDL revoked, you cannot apply for a CDL in another state.
Legal adviser provides counsel on the effect of out-of-state citations
When reviewing a commercial driver’s background in order to determine penalties for a violation, it does not matter if a previous infraction was committed in a different state. Missouri considers infractions in any state within the previous 10 years when making these determinations. Traffic offenses committed in your personal vehicle can also affect your ability to drive commercially.
Why fight a CDL violation?
Penalties can be tougher for CDL holders than they would be for passenger vehicle drivers accused of a similar offense. Moreover, a commercial truck driver might be dismissed or lose contracts if they commit violations. My firm pushes back against unwarranted charges to keep those citations off your record and minimize the damage resulting from a ticket. Should you face a problem because incorrect information regarding a violation or inspection is on file with the FMCSA, my firm can bring a DataQ appeal on your behalf to correct the record.
Contact a Missouri lawyer for a free consultation regarding your alleged CDL violation
Howard L. Lotven, P.C. in Kansas City represents CDL holders who have been cited for a violation. Please call 816-295-6822 or contact me online for a free initial consultation.