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Representing you and your Commercial Driver's License in Jacksonville


The difference between earning a paycheck this month and missing your mortgage payment the next month can be a single ticket. You need to hire an experienced Commercial Driver's License (CDL) attorney immediately. When one ticket can see you suspended or fired from your job it is of utmost importance to speak with an attorney about representing you and protecting your driving record so that you can keep your CDL and your job.

Florida CDL Laws

Having a CDL means that the Florida court system will hold you to a higher standard than a regular driver. The state has decided that there will be harsher penalties for CDL drivers who have received tickets in any motor vehicle, not just commercial vehicles. Florida law mandates that you notify your employer within 30 days of any traffic conviction so it is advisable to hire an experienced attorney and avoid a conviction.

Federal CDL Laws

Being a CDL driver means that you must abide by both Florida and Federal law.

Federal Law § 383.1- This section requires that a CDL holder notify their current employer and the driver's State of domicile of certain convictions. This section also prohibits an employer from allowing a person with a suspended license from operating a commercial motor vehicle.

Federal Law § 383.31- This section requires a CDL holder to notify their employer AND designated state official in the state which issued their CDL of any traffic violations (besides parking) in ANY motor vehicle within 30 days after the date that the person has been convicted.

Federal Law § 383.33- Each employee who has a driver's license suspended, revoked, or canceled by a State or jurisdiction, who loses the right to operate a commercial motor vehicle in a State or Jurisdiction for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his/her current employer of such suspension, revocation, cancellation, lost privilege, or disqualification. The notification must be made before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.

CDL Suspension

The state of Florida has introduced legislation that enhances penalties for a CDL holder. A person convicted of two of the following serious traffic violations or any combination thereof, from separate incidents committed in a commercial motor vehicle shall be suspended from operating a commercial motor vehicle for a period of 60 days:

A person convicted of three serious traffic violations within a three year period shall be disqualified from operating a commercial vehicle for 120 days.

Trucking Specific Defense

In addition to providing top notch legal representation for CDL suspensions and regular traffic violations, I also have the experience and knowledge to tackle trucking industry specific charges. These charges are specialized and most attorneys do not have the legal experience to take care of these issues. If you have been ticketed for any of the following call me for a free consultation:

CDL DUI

The Blood Alcohol Content (BAC) legal limit while driving a commercial vehicle is 0.04% which is only half the limit for a regular car. If convicted your CDL will be suspended and you will not be allowed to operate a commercial vehicle for a minimum of 1 year. The suspension can rise from 1 year to a minimum of 3 years if you were hauling hazardous materials at the time of your violation. Then to be reinstated you will have to pay a reinstatement fee.

Disqualification for Major Offenses

This table contains a list of the offenses and periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation is as follows:

Table 1 to § 383.51
If a driver operates a motor vehicle and is convicted of: For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a first conviction or refusal to be tested while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials as defined in § 383.5, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * *
(1) Being under the influence of alcohol as prescribed by State law * * * 1 year 1 year 3 years Life Life.
(2) Being under the influence of a controlled substance * * * 1 year 1 year 3 years Life Life.
(3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * * 1 year Not applicable 3 years Life Not applicable.
(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part * * * 1 year 1 year 3 years Life Life.
(5) Leaving the scene of an accident * * * 1 year 1 year 3 years Life Life.
(6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table * * * 1 year 1 year 3 years Life Life.
(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV 1 year Not applicable 3 years Life Not applicable.
(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide 1 year Not applicable 3 years Life Not applicable.
(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance * * * Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement