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CDL - Commercial Vehicle & Truck
traffic Ticket Lawyer in Pennsylvania

CDL traffic citations lawyer in PA

Lampman Law helps people with a commercial drivers license (CDL) when they are cited with traffic violations in Pennsylvania. Regardless of whether the alleged violation occurred in your personal vehicle or in a commercial motor vehicle (CMV), we will fight for you to avoid suspension, points, fines, and/or higher insurance rates. 

Our primary goal is to achieve dismissal of all CDL citations. If the facts of a case suggest that dismissal is unlikely, we then work to mitigate the fines, costs, and penalties. Of course, anytime we negotiate for a CDL driver, we do so with their license and livelihood in mind.

Lampman Law has earned outstanding results for CDL drivers in Pennsylvania courts. We regularly help CLD holders avoid expensive fines and suspensions. Recently, we represented a CDL driver charged with exceeding maximum weight limits and other offenses. If convicted, his fines and costs would have exceeded $17,000.00. After a hearing, the driver was found not guilty. Therefore, the only cost he had to pay was our fee.

CDL Citations Are Different & Complex

 

Simply stated, the rules of the road are applied differently for people with a CDL, especially while they are operating a commercial vehicle in Pennsylvania. It is extremely important to understand the consequences a traffic citation or Vehicle Code violation will have of the CDL driver.

 

Many lawyers fail to realize the complexity of the rules that apply to CDL drivers. For example, the basic PennDOT point system does not include all the consequences a CDL driver faces when they receive a traffic citation. To properly evaluate the consequences a commercial truck CDL driver faces, one must consider all of PennDOT's rules and regulation as well as the United States Department of Transportation's FMCSA Safety Measurement System (SMS) Methodology.  At Lampman Law, we understand these special concerns and we navigate a CDL cases accordingly.

Major Vehicle Code Violation in PA - CDL Disqualification Upon Conviction

Preliminarily, it is important to note that if a CDL driver is convicted of two (2) major offenses, they will receive a lifetime CDL disqualification.

PA's Special DUI Rules for CDL Drivers

 

Pennsylvania will disqualify (suspend) a CDL license for one (1) year and three (3) years for Hazmat drivers for a DUI. The suspension applies if the driver is convicted or admitted into the ARD program. ARD participation is treated as a conviction for sanctioning a CDL holder. The suspension also applies regardless of whether the DUI offense occurred in a personal vehicle or a commercial truck. 

The same rules apply for refusing to submit to a chemical test during a DUI investigation. 

BAC levels are diffrent for CDL drivers while they are operating a commercial vehicle. A commercial truck driver with a BAC .04% or higher is considered to be DUI. A school bus driver with a BAC .02% or higher is DUI.

 

PA's Special Hit & Run Rules for CDL Drivers

If a CDL driver is convicted of any hit and run accident they will face a one (1) year CDL disqualification. If they have Hazmat certification, it will be suspended for three (3) years.  These suspensions apply to the driver's CDL if they are operating a commercial vehicle or their personal vehicle. 


This rule is far different than Pennsylvania's general suspension rules for a hit and run conviction.  The suspension following a conviction under 75 Pa.C.S. § 3743, Accidents Involving Damage to Attended Vehicle or Property is just 6 months for non-CDL drivers. Further, a non-commercial driver faces no suspension following a conviction pursuant to 75 Pa.C.S. § 3745, Accidents Involving Damage to UnAttended Vehicle or Property.

 

 Use of a Vehicle to Commit a Felony

If a CDL driver is convicted of using any vehicle to commit a felony offense they face a one (1) year CDL disqualification. If they have Hazmat certification, it will be suspended for three (3) years.

Use of a Vehicle to Commit Traffic a Controlled Substance

If a CDL driver is convicted of using any vehicle to deliver, manufacture, or traffic drugs they will be disqualified from having a CDL for life.

Driving a Commercial Vehicle while CDL is Suspended

1 year CDL disqualification. 3 year suspension of Hazmat certification.

Causing a Fatality by Negligent Operation of a CMV

1 year CDL disqualification. 3 year suspension of Hazmat certification.

Serious Traffic Offenses - 60 Day Suspensions

If a CDL is convicted of any two (2) "serious traffic offenses" within a three (3) year period they will be disqualified from driving a commercial motor vehicle for sixty (60) days. These offenses include:

  • Exceeding max. speed limit 15 mph or more in a CMV. This only applies to a personal vehicle if the violation occurred in a work or school zone.

  • Hazardous Grades.

  • Reckless Driving. This applies if in a CMV or a personal vehicle.

  • Following too closely in a CMV.

  • Failure to yield in a construction zone while driving a CMV.

  • Violation of the Vehicle Code resulting in a fatal accident. This applies to CMV or a personal vehicle.

  • Driving a CMV without a CDL.

  • Texting while driving a CMV.

  • Using a hand-held cell phone while driving a CMV.

Railroad-Highway Grade Crossing Offenses

Pennsylvania's Vehicle Code  has several rules requiring commercial vehicles to slow down, stop, or provide certain clearance for railroad crossings. These offenses only apply when a CDL driver is operating a commercial vehicle. The following suspensions apply:

  • 1st Offense - 60 Day Suspension

  • 2nd Offense (Within a 3-year period) - 120 Day Suspension

  • 3rd or Subsequent Offense - 1 Year Suspension

 

2 Public Square, Wilkes-Barre, PA 18701

reception@lampmanlaw.com  |   570-371-3737

Lampman Law practices criminal defense and civil rights in the Counties of: Bradford, Carbon, Clinton, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Union, Wayne, Wyoming. Lampman Law Office is located in Wilkes-Barre, Luzerne County, Pennsylvania.

Prior results do not guarantee a similar outcome. The information on this site is not, nor is it intended to be, legal advice. Do not rely on it for accuracy or direction. You should consult an attorney for advice concerning your individual situation because every case is different. Further, contacting us does not create an attorney-client relationship. Do not send confidential information to us until an attorney-client relationship has been established.

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