Greg W. Sronce
A DUI, whether it be a conviction or you receive supervision will disqualify your CDL. And, a statutory summary suspension will also trigger a disqualification. It is critical that you contact an experienced attorney immediately after being arrested for DUI if you have a CDL. An experienced attorney may be able to obtain a result that allows you to keep the CDL. One option could include having the DUI amended to reckless driving and obtaining a recision of the suspension.
If you were operating a commercial vehicle and your BAC was 0.04 or more, then your will be CDL cancelled for one year. And, a conviction for a second DUI triggers a lifetime disqualification.
You have the right to have a hearing challenging the Statutory Summary Suspension within 30 days of receiving proper notice and filing a petition with the Court. It is critical that you have competent representation that can move quickly as your license is at stake.
Supervision Doesn’t Count! Supervision is considered to be a conviction for CDL purposes. Supervision is only a non-conviction for the purposes of the driver’s regular/ non-commercial drivers license.
Speeding 15 or more miles an hour above the limit is a serious traffic violation. If a commercial driver receives two serious traffic violations, while driving a commercial vehicle, in a 36-month period, he will receive a disqualification of his CDL privilege for a minimum of two months.
Attorney Sronce strives to obtain amendments from moving violations such as speeding to equipment violations. Equipment violations are not serious traffic violations and, therefore, do not trigger disqualification of a CDL.
Two serious moving violations in any 36-month period will result in your license being suspended for a minimum of two months. See, 625 ILCS 5/6-514(e).
While the statue below refers to a “conviction” for a serious traffic offense, a disposition of supervision on the charge counts as a conviction for your CDL. See 625 ILCS 5/6-500(8) (“‘Conviction’ means . . . the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered.”).
“Serious traffic violation” means:
(A) a conviction when operating a commercial motor vehicle, or when operating a non-CMV while holding a CDL, of:
(i) a violation relating to excessive speeding, involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to having multiple driver’s licenses; or
(v) a violation of paragraph (a) of Section 6-507, relating to the requirement to have a valid CDL; or
(vi) a violation relating to improper or erratic traffic lane changes; or
(vii) a violation relating to following another vehicle too closely; or
(viii) a violation relating to texting while driving; or
(ix) a violation relating to the use of a hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.
The above can be summed up as follows:
In addition to the violations listed above, the Illinois Secretary of State has designated additional offenses as serious traffic violations:
92 Ill. Admin. Code 1040.20 contains a list of all of the serious moving violations deemed to be serious by the Illinois Secretary of State:
625 ILCS 5/6-501 Violation of More Than One Driver’s License
625 ILCS 5/6-507(a)(1) Driving Without a Commercial Driver’s License (CDL) in Possession
625 ILCS 5/6-507 (b) Unlawful Operation of CMV
625 ILCS 5/11-308 Disregarding Lane Control Signal
625 ILCS 5/11-503 Reckless Driving
625 ILCS 5/11-601(a) Speeding Too Fast for Conditions or Failure to Reduce Speed to Avoid an Accident
625 ILCS 5/11-601(b)(5) 15-25 MPH Above Posted Speed Limit
625 ILCS 5/11-601(b)(7) Over 25 MPH Above Posted Speed Limit
625 ILCS 5/11-601(b) Over 29 MPH Above Posted Speed Limit
625 ILCS 5/11-601.5 Driving 40 MPH or More in Excess of the Applicable Speed Limit. Class “A” Misdemeanor
625 ILCS 5/11-605 Exceeding the Maximum Speed Limit in a School Zone
625 ILCS 5/11-605(a) Exceeding the Maximum Speed Limit in a School Zone
625 ILCS 5/11-605(b) Exceeding the Maximum Speed Limit Through a Highway Construction or Maintenance Zone
625 ILCS 5/11-701 Failure to Drive on Right Side of Roadway
625 ILCS 5/11-702 Improper Passing Upon Meeting an Approaching Vehicle
625 ILCS 5/11-703(a) Improper Passing on Left
625 ILCS 5/11-703(b) Failure to Yield Right-of-Way to Vehicle Passing on the Left
625 ILCS 5/11-704 Improper Passing on the Right
625 ILCS 5/11-705 Improper Passing on the Left with Insufficient Visibility or Within 200 Feet of an Intersection
625 ILCS 5/11-706 Driving on Left Side of Roadway Where Prohibited
625 ILCS 5/11-707(b) Driving on Left Side of Roadway in a No-Passing Zone
625 ILCS 5/11-707(d) Passing in Unincorporated Area Where There Exists a School Speed Zone as Defined in Section 11-605
625 ILCS 5/11-708 Driving Wrong Way on One-Way Street or Highway or Around Traffic Island
625 ILCS 5/11-709(a) Improper Traffic Lane Usage
625 ILCS 5/11-709(b) Improper Center Lane Usage
625 ILCS 5/11-709(c) Improper Traffic Lane Usage
625 ILCS 5/11-709(d) Improper Traffic Lane Usage
625 ILCS 5/11-709.1 Passing on Shoulder While Merging into Traffic
625 ILCS 5/11-710 Following Too Closely
625 ILCS 5/6-101 Operating a Motor Vehicle Without a Valid License or Permit
625 ILCS 5/6-104(a) Violation of License Classification for First and Second Division Vehicles
625 ILCS 5/6-104(b) Violation of Classification for Transporting Persons for Hire
625 ILCS 5/6-104(c) Violation of Classification for Transporting Property for Hire
625 ILCS 5/6-104(d) Violation of School Bus Permits
625 ILCS 5/6-104(e) Violation of Religious Bus Driver Permits
625 ILCS 5/6-104(f) Violation of Classification for Transportation of the Elderly
625 ILCS 5/6-105 Violation of Instruction Permit
625 ILCS 5/11-1002(d) Passing Vehicle Stopped for Pedestrian
625 ILCS 5/11-1201(a) For drivers who are not always required to stop, failing to stop before reaching the railroad crossing, if tracks are not clear
625 ILCS 5/11-1201(a-5) For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of approaching train
625 ILCS 5/11-1201(d-1) Failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance
625 ILCS 5/11-1412.1 Driving Upon Sidewalk
625 ILCS 5/11-1414(a) Passing School Bus Receiving or Discharging Children
625 ILCS 5/11-1425(b) Failing to have sufficient space to drive completely through the railroad crossing without stopping
Pleading guilty, accepting Court supervision, or simply mailing in a check without defending your case placed your CDL at serious risk. An experienced lawyer will be able to assist you in protecting your livelihood.