FORT WORTH, DALLAS CDL ATTORNEYS
THEY WRITE IT - WE FIGHT IT!
PROTECT YOUR LIVELIHOOD
If you have a commercial driver’s license (CDL) or a commercial learner's permit (CLP), a single violation could put your livelihood into serious jeopardy. If you have been issued a traffic citation and you have a commercial driver’s license, you need to consult with an experienced traffic attorney who can explain your options. For any CDL holder violation in Fort Worth, an attorney's help goes a long way to preserving your ability to work. As explained in detail below, both moving violations and non-moving violations van cause your serious problems. You need an experienced traffic ticket attorney to fight for your rights, fight to protect your record and fight to protect your livelihood.
DEFERRED DISPOSITION / DRIVER'S SAFETY COURSE
If you have a commercial driver’s license (CDL) or a commercial learner's permit (CLP) you are not eligible to have your ticket dismissed through deferred disposition (probation) or by taking a driver's safety course if the citation is for a moving violation. Unfortunately, it does not matter what type of vehicle you were driving when you received the citation. This means you have to find alternative ways to keep your driving record clean.
We have several ways that we may be able to keep your record clean. For example, we may be able to have the allegation changed to avoid points, enter a pretrial diversion program or find a non-moving violation we can plea to avoid taking a plea on a moving violation. If all else fails, you have an attorney on your side that is ready to fight to keep your record clean.
MOVING VIOLATIONS AND POINTS
The Texas Point System allows DPS to assess points for convictions of moving violations. “Moving” violations are defined as “an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.”
A conviction on a moving violation will result in 2 points on your driving record (3 points if the moving violation resulted in a crash). Once accessed, points will stay on your driving record for two years. An accumulation of too many points can result in surcharges or a license suspension. Points can also cost a loss of a job or prevent you from being hired as these are a red flag for employers and their insurance companies.
If you received a moving violation, whether in a personal vehicle or your commercial motor vehicle, you need an experienced traffic ticket attorney that will fight to help keep your driving record clean.
SERIOUS MOVING VIOLATIONS
A conviction on certain violations will result in a disqualification from operating a commercial vehicle for a specified amount of time. It is important to note that the disqualification can occur regardless of whether the offense occurred in a commercial motor vehicle or your personal vehicle. The following chart shows which violations will lead to disqualification with a conviction:
|Alcohol, leaving the scene of an accident or commission of a felony||At least one year for first offense, lifetime for a second offense|
|Alcohol, leaving the scene of an accident or commission of a felony while operating a commercial motor vehicle placarded for hazardous materials||At least three years for the first offense; lifetime for a second offense|
|Two serious traffic offenses (i.e. excessive speeding, reckless driving, improper or erratic lane changes, following too closely, etc.) within three years||60 days|
|Three serious traffic offenses (i.e. excessive speeding, reckless driving, improper or erratic lane changes, following too closely, etc.) within three years||120 days|
|Railroad-highway grade crossing violations||60 days for first offense; 120 days for a second offense within 3 years; at least 1 year for a third offense within 3 years|
|Using a motor vehicle in the commission of a felony||Lifetime|
These disqualifications result from a conviction; this means if you avoid a conviction, you avoid the disqualification. The disqualification does not affect your ability to drive a personal vehicle. While we cannot guarantee we can avoid a conviction on all violations, we have a good rate of success and will fight to keep your record clean.
With certain disqualifications, you may be eligible to request a hearing to contest the disqualification. If your license is disqualified Please contact us for more information if your license has been disqualified to discuss your options.
Requests to contest a disqualification are time sensitive; you cannot request a contest after the deadline has passed.
CSA / ROADSIDE INSPECTIONS
Compliance, Safety and Accountability Points (CSA Points) are part of a safety enforcement program administered by the Federal Motor Carrier Safety Administration (FMCSA) with the goal of identifying high-risk carriers and drivers. CSA points are only accessed when a driver is in a commercial motor vehicle. Also unlike points on your driving record that are only accessed upon a conviction, CSA points are accessed upon the allegation meaning you are guilty until proven innocent.
CSA points are accessed on a sliding scale based on the severity of the offense and when the offense occurred. Data remains on the company record for 24 months and on the CDL holder’s record for 36 months (crash records will be on file for 60 months).
A CSA score cannot lead to a license suspension, but due to increasing scrutiny from the FMCSA, carriers are keeping a close eye on their driver's CSA scores. This means you need need to do all you can to keep your CSA score as low as possible. If a violation is dismissed, you can petition to have CSA points removed through the FMCSA's DataQ program.
Schedule a Free, Confidential Case Evaluation with one of our award-winning traffic ticket attorneys.
If you have a commercial driver’s license (CDL) or a commercial learner's permit (CLP) and you have a received a traffic citation in Fort Worth, Arlington, Dallas or one of the surrounding cities, an experienced traffic ticket attorney at Hawkins & Walker, PC is ready to help you fight to keep your record clean. Your livelihood is too important to face the court alone.
Call 817.877.3355 or click the contact button below to start fighting your ticket now.