Traffic Tickets — Commercial Driver's License (CDL) Class A License

Here’s the first piece of advice and it’s free - Don’t hold a CDL unless you must have this type of license for employment. Individuals who hold a CDL do not have the same options available to those who hold an ordinary Class C operator’s license. Texas does not allow the option of probation or the taking of a Driver Safety Course (DSC) to avoid a conviction. Judges and prosecutors don’t particularly like these restrictions, but these restrictions are mandated by federal regulators and are tied to federal highway funds. In other words, Texas doesn’t have a choice but to impose these stricter laws against CDL holders.

 

Furthermore, an individual who holds a CDL will face a 60 day license suspension for conviction of two or more “serious traffic violations” in a three-year rolling period. The more common “serious violations are (1) speeding 15 mph or more above the posted speed limit; (2) reckless driving; (3) improper or erratic lane change; (4) following too close; and (5) endorsement violations.

 

Other disqualifications/suspensions can result from driving with any detectable amount of alcohol in one’s system, drug offenses, railroad crossing infractions, leaving the scene, refusing to be tested for alcohol, and various other reasons. Each citation has to be carefully evaluated to avoid more serious consequences beyond the mere citation itself.

 

Scott Markowitz understands the importance of keeping a traffic violation off of the driving record of an individual who holds a CDL. A bad driving record can affect obtaining employment, and even cause the loss of a job. The legal technicalities and facts of the citation are viewed very carefully to determine if there are any legal defects that could lead to a dismissal or a mitigation of the consequences. The matter is carefully evaluated to determine whether it may be feasible to bypass the JP or Municipal Court, and appeal the case to a County Court. In some instances, a County Court may be willing to offer probation, or it may be possible to enter into a pretrial diversion agreement with the prosecutor’s office. If these options are available, this may provide another way to keep the violation off of your driving record.

Call (713) 521-7568 now and speak with Scott Markowitz to discuss possible options regarding your citation or email scott@scottmarkowitz.com.