On January 10th, a tractor-trailer struck a guardrail on Interstate 57 and overturned, spilling a hazardous chemical across the highway. The hazardous material, chloroacetyl chloride, emitted a toxic vapor cloud and forced authorities to shut down the Interstate from Farina to Kinmundy. Several families in nearby homes were forced to evacuate. After a three day cleanup effort by hazmat crews, the Illinois State Police declared the area safe, and reopened the Interstate. The driver of the tractor-trailer will likely face charges as a result of the incident.
Driving a commercial motor vehicle (CMV) is a serious task, and Illinois criminal law holds those with Commercial Driver’s Licenses (CDLs) to higher standards than regular drivers. CDL holders face harsher penalties and punishments for traffic violations to the extent that, even if a CDL holder is driving a non-CMV, conviction of a serious traffic violation may result in the state disqualifying or suspending the CDL.
Examples of serious traffic violations include:
If a CDL holder is convicted of two serious traffic violations arising from separate incidents committed in a CMV within a three year period, the CDL disqualification can last for at least two months. If a CDL holder is convicted of three serious traffic violations arising from separate incidents committed in a CMV within a three year period, the CDL disqualification will be for at least four months.
It is important to note that Illinois law broadly defines conviction, and even admitting guilt by paying a traffic ticket can constitute a conviction. CDL holders must be cautious when dealing with traffic violations. By mailing in a payment, a CDL holder is risking his or her license, insurance and income.
If you are a CDL holder facing any kind of traffic violation, it’s important to contact a qualified attorney to preserve your rights.