Case Result
Commercial Driver Keeps Serious Moving Violation Off Record, Protecting His CDL
By: Attorney Derek Martin
A CDL holder ticketed for petty speeding 15–20 MPH over, classified as a 'serious' moving violation under the Uniform Commercial Driver's License Act, walks away with an amended non-moving violation, his CDL intact.
A Commercial Driver’s License (CDL) is a privilege. Drivers who hold one are held to a higher standard than other motorists, and there are added layers of complexity when CDL drivers receive seemingly simple petty speeding tickets.
Receiving a ticket for speeding more than 10 MPH over the limit in Illinois is considered a “serious” moving violation under the Uniform Commercial Driver’s License Act, even if you’re driving your personal vehicle. In Illinois, court supervision is counted as a conviction for CDL drivers, so a common trap is pleading guilty for supervision thinking it won’t affect the CDL, when in fact it negatively affects CDL status and potentially the driver’s livelihood.
During the winter of 2020, the Buffalo Grove Police Department ticketed our CDL client for petty speeding, 15–20 MPH over, for allegedly driving 51 MPH in a 35 MPH zone. He was ordered to appear at the Mundelein Branch Court in Lake County.
After reviewing the case, we determined that neither trial nor a plea for supervision was in our client’s best interest. A trial, conviction, or supervision all had great potential to jeopardize his CDL. We pivoted to negotiation with the state’s attorney, gathered mitigating information, and presented every positive fact about our client, including his CDL status.
On his court date, we argued for an amended ticket. The prosecutor and judge agreed. Our client’s ticket was amended to a non-moving violation for a $250 fine plus court costs, keeping a serious moving violation off his record and protecting his CDL.
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