Emporia, VA CDL Lawyer
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Although traffic violations are serious issues for all drivers, professional drivers (those with commercial driver’s licenses and other special driving privileges) have much more to lose. In Virginia, weight violations, speeding and reckless driving, and log violations can result not only in fines and other penalties, but they can also cost a commercial driver his or her job.
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“Mark is great an his staff is second to none. They always answer questions an call you back, I especially want to thank Carol she is the best”
Stevie
At the Law Offices of Mark T. Hurt, we understand that a commercial driver’s license (CDL) is more than just a driver’s license, it’s evidence that you are a professional driver and of adherence to the utmost standards of conduct on the road. If a CDL is required for a job, one minor incident (on or off the job) can have lasting effects on a professional record. With over thirty years of legal experience, we understand what it takes to get a CDL traffic violation reduced or dismissed, where possible, and how to provide a vigorous defense of clients after a charge has been issued, at trial, and before administrative hearings. When you hire our firm, our top priority is keeping your professional driving record clear for current and future employment.
If you are cited for speeding or reckless driving, an overweight violation, a logbook violation, or other citation in Virginia, call 276-623-0808 to schedule a complimentary consultation to learn how we may be able to protect your CDL and driving record so that your career and livelihood is not compromised. In addition to a free consultation, we also offer fixed fee representation for most cases, and we accept credit card payments.
Whether You Reside in Virginia or Received a Citation in Virginia, Our Firm Can Help!
If you were cited for speeding or reckless driving, DUI, exceeding weight limits, log violations, or other moving or nonmoving violations, it is vital to obtain representation from an attorney who understands the local laws and courts and how they can factor into the specifics of your case.
Attorney Mark Hurt is a Virginia native and Duke Law graduate with a local reputation for being a tenacious litigator who gets results. For over three decades, he has represented clients in local and Virginia trial and appellate courts, federal appeals court, and even the United States Supreme Court. If you receive a CDL citation, our experienced team can work with you to mitigate the consequences by pursuing a dismissal or a reduction in charges or other favorable outcome.
What are the Potential Consequences of Various Traffic Violations and Convictions?
The following are just a few of the potential consequences that a traffic violation or conviction can have on a CDL:
- A one-year disqualification for any of the following major violations:
- Driving with a blood alcohol content (BAC) of 0.04 or higher
- Driving under the influence of drug or alcohol
- Refusing a blood and/or breath test
- Failing to stop at the scene of an accident that causes injury or death
- Using a commercial motor vehicle to commit a felony
- Making a false statement of any application for a commercial driver’s license
- A three-year disqualification if convicted of any of the offenses listed above while transporting hazardous materials
- A lifetime disqualification if a second conviction is received for one of the major violations
- A 60-day disqualification if convicted of any of the following serious violations within three years:
- Texting while operating a commercial motor vehicle
- Speeding 15 mph or more above the limit
- Reckless driving
- Erratic lane changing
- Tailgating
- A moving violation related to a fatal crash
- Driving a commercial vehicle without a CDL
- Driving a commercial vehicle without a CDL in the driver’s immediate possession
- Driving a commercial vehicle over the weight limit
- Driving without proper CDL class and/or endorsements for the specific vehicle group, passengers, or cargo being transported
- A 120-day disqualification if convicted of three or more serious violations within three years[1]
It is well known that when confronting a serious traffic violation (including violating a federal trucking regulation, such as a weight or log book violation), hiring an experienced CDL lawyer is prudent, as experienced counsel can significantly increase a person’s chances for a better outcome compared to self-representation. If you are cited for a major or serious violation, there is too much on the line to gamble with the outcome by representing yourself. If you need legal assistance, we invite you to call our offices as soon as possible to schedule a free consultation so that we can immediately get to work in seeking to mitigate potential penalties.
Violations that Apply Only to CDL Drivers.
The Federal Motor Carrier Safety Administration (“FMCSA”) has regulatory oversight of establishing and enforcing many of the regulations governing commercial interstate carriers and drivers. In addition, states also have established commercial trucking regulations that apply to CDL holders, in addition to driving regulations that apply to all drivers (such as speeding and reckless driving). Commercial interstate drivers can be penalized for violating both FMCSA regulations and Virginia state commercial driving statutes, such as the following:
- Weight Violations. Under the Code of Virginia § 46.2-1133, the owner, operator, or another person who is responsible for a vehicle that exceeds statutory weight limits can be fined $250 and have their CDL suspended.[2] To avoid a violation, an oversized load permit can be obtained on an annual or per-trip basis.
- Logbook Discrepancies. CDL drivers must maintain a logbook that is current and accurately reflects all hours driven. Today, federal log book compliance must be done through an FMCSA-certified Electronic Logging Device (or “ELD”). Falsifying or failing to keep a log can result in federal penalties and up to six months in jail.[3]
- Speeding with a Trailer. Driving at least 15 miles above the speed limit while towing a trailer can result in a license suspension.
- Grade Restrictions. CDL drivers cannot operate on certain roadways that have a grade (steepness) that exceeds vehicle specifications. If a commercial driver is on a road where they are not permitted, a 60-day license suspension can be levied for a first offense.
- Multiple CDLs. Drivers are not allowed to have more than one CDL. If found having multiple licenses from different states, a $5,000 fine and jail time may be imposed.
Get Help from an Experienced Virginia CDL Lawyer
At the Law Offices of Mark T. Hurt, we take all traffic charges seriously. We know what is at stake.
We represent clients in both state and federal courts, and before administrative courts and judges. We are tenacious is seeking to obtain the best outcome for all clients – every time.
We invite you to contact our office for a free consultation, and to learn how we can help in seeking to prevent a conviction or the loss of (or an adverse impact upon) a CDL.
[1] CDL Disqualifications, Virginia Department of Motor Vehicles, https://www.dmv.virginia.gov/drivers/#cdl_disqual.asp
[2] See also Code of Virginia § 46.2-613.1.
[3] 49 CFR 395.8; Part 395, Federal Motor Carrier Safety Administration, https://www.fmcsa.dot.gov/regulations/title49/section/395.8.
