Representation of Commercial Drivers

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Individuals holding a commercial drivers license (CDL) present unique issues for defending traffic infractions and misdemeanors. A commercial drivers license is required for vehicles over 26,000 pounds, vehicles carrying over 15 passengers including the driver, and vehicles transporting hazardous materials. Most judges will hold CDL drivers to a higher standard, frequently referring to them as professional drivers. As such it can become more difficult to convince a judge to reduce a traffic violation to the same extent they would for a non-cdl driver.

The biggest factor for these cases is whether you were driving your commercial vehicle or personal vehicle at the time. Many judges will treat a cdl case as any other traffic case when you were just driving your personal vehicle. On the other hand, many judges have a strict prohibition against reducing traffic cases when a commercial vehicle is involved. Of course there is a range here with some judges being perfectly willing to reduce such cases involving commercial vehicles and others simply restricting the outcomes available.

Commercial drivers can cause a particular issue for courts that frequently use driving school as a means to reduce or dismiss traffic cases. Judges are not authorized to send a commercial driver to driving school for the case to be dismissed. However, in some cases I am able to convince a judge to instead reduce the violation to a non-moving violation to get around the typical driving school requirement. Some other judges will order community service as an alternative to driving school. Each court and judge have their own unique way of dealing with these difficult CDL issues. It is important to speak with an attorney who has experience representing commercial drivers in the city or county where you received your ticket to ensure we are able to obtain the best possible outcome for your case. Please feel free to contact me at your convenience so that we can discuss you case and likely outcomes, phone (804) 451-6033 or email trey@mattoxlawpc.com.