Truck & CDL Traffic Ticket Lawyer - Virginia
Key Takeaways
- CDL holders face tougher scrutiny for traffic citations and risk losing their livelihood due to license suspensions or revocations.
- Major violations like DUI, test refusal, hit and run, or other illegal activity with a commercial vehicle can lead to CDL revocation for 1-5 years (or even a lifetime ban for a second offense).
- Serious violations such as reckless driving, speeding excessively (15+ mph over), and erratic lane changes can lead to CDL disqualification if multiple convictions occur within three years.
- CDL holders can lose their license even when driving their personal vehicle if they commit certain serious offenses that result in a license suspension, revocation, or cancellation.
- Randall, McClenney, Daniels & Dunn understands the high stakes for CDL holders and offers experienced defense to fight traffic charges and protect their commercial driver’s license.
If you drive for a living and hold a commercial driver’s license (CDL), you already know that you face tougher scrutiny for any traffic citations. You must follow many regulations, and a traffic violation could cost you your livelihood. If you lose your CDL, even for a short time, you could lose your job.
The CDL traffic ticket lawyers at Randall, McClenney, Daniels & Dunn, PC, understand what is at stake for you with your traffic violation. While other people may be able to brush off even a serious traffic citation, you cannot afford a tarnished driving record. We have the experience and skill to help you fight the charges and protect your license.
Major Violations vs. Serious Violations
Virginia Code § 46.2-341.18 contains a long list of violations that can jeopardize your CDL. These consist of major violations and serious violations. Just one conviction of a major violation can result in the revocation of your CDL for one to five years. A second conviction from a separate incident can result in a lifetime ban. Examples of major violations include but are not limited to:
- Driving under the influence (DUI): Note that when driving a commercial vehicle, the legal limit for blood alcohol content (BAC) is only .04% rather than Virginia’s regular legal limit of .08% BAC.
- Test refusal: When you are operating a commercial vehicle, you must submit to breath or chemical testing if an officer suspects you of DUI.
- Hit and run: If you fail to stop and provide information at the scene of an accident, you violate the law.
- Illegal activity: You cannot use a commercial vehicle to engage in an illegal activity such as moving a controlled substance or human trafficking.
Serious traffic violations will also cause you trouble but on a smaller scale. A few examples of the many offenses in this category include:
- Reckless driving
- Driving more than 15 miles per hour over the speed limit
- Erratic lane changes
- Committing a traffic offense that results in a fatal accident
- Operating a commercial vehicle outside of the class for which you are licensed or endorsed
If you are cited for any serious traffic violation while operating your commercial vehicle and are convicted twice within three years, that could disqualify your CDL for 60 days. Three convictions in that period could disqualify it for 120 days.
Does It Matter If You Are Driving Your Personal Vehicle?
Even if you are driving a non-commercial vehicle at the time that you receive a citation, you can still lose your CDL. Violating certain serious offenses twice in a three-year period can result in a disqualification of 60 days, and three times could disqualify your license for 120 days. One of those convictions must result in the loss of your ability to drive because of a driver’s license suspension, revocation, or cancellation.
Why Clients Choose Randall, McClenney, Daniels & Dunn
Randall, McClenney, Daniels & Dunn has been passionately fighting for Virginians for decades. With over 202 years of combined service, our Virginia traffic attorneys approach each case with understanding and compassion.
When clients work with a Randall, McClenney, Daniels & Dunn attorney, they can expect prompt communication and regular updates about their case. With their 97% client satisfaction rating, our lawyers take pride in delivering top-quality legal services to every client seeking help from a Virginia attorney.
Client Story:
In one instance, our law firm represented a client caught going 108 mph in a 60 mph zone. This type of offense would definitely warrant criminal charges and jail time under normal circumstances.
However, the officer issuing the ticket completely bungled the case. He neglected to identify the driver, failed to identify the signage, didn’t check his radar gun and, when we asked, he submitted expired calibrations. In the end, our criminal defense lawyer won this case by getting the case dismissed outright.
Fighting For Your Future in Traffic Violation Cases
If you are facing a Virginia CDL ticket, an infraction for running a traffic stop sign, or accused of committing another traffic offense, The CDL traffic ticket lawyers at Randall, McClenney, Daniels & Dunn are here to help.
When you work with one of our experienced local CDL traffic ticket lawyers, we will fight for the least punitive outcome on your behalf, ideally:
- Allowing you to keep or recover your driving privileges
- Keeping you out of jail or prison
- Helping you get your charge reduced
- Helping you avoid criminal offenses and reckless driving charges
- Minimizing or eliminating fines
Reach out to our CDL traffic ticket attorneys in Virginia Beach, Chesapeake, Southampton, Emporia, Brunswick, or Suffolk or call 757-742-6115 for quickest response.
Frequently Asked Questions
What is the BAC limit for CDL drivers in Virginia?
For commercial drivers operating a CMV, the legal limit is 0.04% BAC. A first DUI typically triggers a one-year CDL disqualification (three years if hauling HazMat). Even a DUI in a personal vehicle can disqualify your CDL. A cdl traffic ticket lawyer can assess defenses and timing-sensitive options.
Can I get a restricted CDL after a DUI or suspension in Virginia?
No. Virginia does not offer a restricted CDL during a disqualification. You cannot drive any commercial vehicle until you fully reinstate. A cdl traffic ticket lawyer can guide you on steps to protect your livelihood and prepare for reinstatement.
Will a ticket in my personal vehicle affect my CDL?
Yes. Certain “serious” violations in a personal car—like speeding 15+ mph over, reckless driving, improper lane changes, following too closely, or handheld/texting—can lead to 60-day or 120-day CDL disqualifications if you rack up multiple offenses within three years.
What counts as a “Serious” traffic violation for CDL holders in Virginia?
Common examples include speeding 15+ over, reckless driving, improper lane change, following too closely, and handheld or texting violations. Two “serious” violations in 3 years can mean a 60-day CDL disqualification; three can mean 120 days. Fighting the first ticket aggressively often prevents the snowball effect.
How can a CDL Ticket lawyer help get my CDL ticket reduced or dismissed?
A CDL-focused defense looks at radar/LIDAR calibration, officer training and testimony, dashcam/telematics, signage, lane-change context, and plea options that avoid CDL “serious” designations. Your attorney may appear for you (especially helpful for out-of-state drivers) and negotiate outcomes that protect your record and employability.
What should I bring to my CDL ticket lawyer consultation?
Bring your citation, court notice, MVR, PSP if available, employer letter or proof of job impact, ELD/logs or telematics, medical card, and any dashcam video. These documents help your attorney quickly spot defenses and craft a strategy before your first court date.
Written By Jack T. Randall
As lifelong resident of Western Tidewater, Jack Randall is a local attorney who wants the best results for his clients. He is an experienced and aggressive attorney with focus on family law, criminal and traffic law, as well as personal injury law cases.