A traffic violation conviction carries significant legal consequences for many Michigan drivers, especially those who rely on driving to get to and from their jobs. These consequences are more severe for individuals with a commercial driver’s license (CDL), as state laws impose stricter regulations and heavier penalties on CDL holders, affecting their income potential. For licensees, a suspension due to a CDL violation can also affect their professional future. Therefore, securing a proficient Oakland County motor vehicle offenses attorney is crucial.
An experienced Oakland County criminal defense lawyer can provide you with the robust defense you deserve. At Michigan Defense Law, our lawyers leverage their experience to strategize effectively against CDL violation charges. We understand that your CDL is more than a driving license; it is essential for your income and success.
Contact us at (248) 451-2200 for a consultation and receive personalized legal guidance tailored to your unique situation.
While a conventional traffic ticket may mean a fine, CDL violations subject commercial drivers to license suspension and other penalties. The consequences depend upon the type of offense.
A finding of a “major” violation of law can result in a CDL disqualification for a year for the first offense; a second offense is a lifetime disqualification. These offenses apply whether you’re driving a commercial vehicle or your own car, and they include DUI, refusal to take a chemical test for alcohol, leaving the scene of an accident, driving a commercial vehicle while under suspension, and other violations.
These types of offenses become significant if cumulative, as only second and subsequent offenses within a three-year period will result in a disqualification ranging from 60-120 days. Violations in a non-commercial vehicle are typically not included in serious traffic violations. A serious violation includes such acts as speeding, reckless driving, or erratic lane changes.
Certain regulations apply only to CDL holders, but a violation may result in license suspension or jail time. These offenses may be carrying an oversized load without a permit, improper logging of trip data, and grade restrictions on steep hills. In addition, it’s unlawful to possess more than one CDL in your home and additional states. You risk losing all of the licenses, incarceration, and fines.
| Offense Type | Examples | Potential Penalties |
|---|---|---|
| Major Disqualifications | DUI, refusal to take a chemical test, leaving the scene of an accident, driving a commercial vehicle while under suspension | 1 year CDL disqualification for first offense; lifetime disqualification for second offense (applies even in a personal vehicle) |
| Serious Traffic Violations | Speeding, reckless driving, erratic lane changes | 60–120 day disqualification after 2nd or subsequent offense within 3 years (non-commercial vehicle violations usually excluded) |
| CDL-Specific Offenses | Carrying oversized load without a permit, improper logging of trip data, ignoring grade restrictions, holding more than one CDL | Suspension, fines, jail time, and loss of all licenses if multiple CDLs are held |
Paul J. Tafelski is a seasoned Oakland County attorney with more than 20 years of experience defending clients across Michigan. A graduate of Michigan State University and the Detroit College of Law, Paul has represented individuals facing a wide range of charges, from arraignment through jury trial. He is admitted to practice in all state and federal courts in Michigan and is an active member of the Michigan Bar Association, the Oakland County Bar Association, the Criminal Defense Lawyers of Michigan, the American Bar Association, and the Advocates (Polish Bar Association).
Paul has successfully defended hundreds of clients charged with traffic and motor vehicle offenses, earning recognition as one of Michigan’s top criminal defense lawyers by Super Lawyers (2011–2013, 2017–2021) and as a Leading Lawyer in 2017. Known for his persuasive advocacy, clear communication, and deep understanding of human nature, Paul has helped many clients avoid jail time and protect their futures. His ultimate goal is always the same: achieving the best possible outcome so his clients can move forward with their lives.
In Michigan, holding a commercial driver’s license (CDL) means adhering to both state and federal regulations, which impose strict penalties for violations. It is essential for all CDL holders to be aware of these violations to maintain their driving privileges and employment. Here are the primary offenses that could lead to the revocation of your CDL privileges:
Major Offenses: A first-time violation of any major offense results in a mandatory one-year disqualification of your CDL. These major offenses include:
If the violation involves transporting hazardous materials, the disqualification extends to three years for the first offense. A second violation of any major offense can lead to a lifetime disqualification, emphasizing the severity of these breaches.
Serious Traffic Violations: Accumulating multiple serious traffic violations within a three-year period also leads to CDL disqualification, which can range from 60 to 120 days. These violations typically include:
Railroad Highway Grade Crossing Violations: Railroad crossing violations are taken seriously due to the high risk involved. Disqualification for these offenses ranges from 60 to 120 days, depending on the specific circumstances and the number of offenses. Penalties are applied for offenses such as:
Every commercial driver must stay informed about these disqualifying offenses to protect their career and to ensure public safety on the roads. For more detailed information, it is recommended to consult with an Oakland County motor vehicle offenses lawyer. Contact Michigan Defense Law today to schedule a consultation.
In Michigan, both employers and commercial drivers have reporting responsibilities when it comes to CDL violations. The Federal Motor Carrier Safety Administration (FMCSA) requires timely reporting to protect public safety and maintain accurate driving records.
When a CDL driver is convicted of any violation, they must notify their employer within 30 days. In addition, if their CDL is suspended, revoked, canceled, or placed under an out-of-service order, they are required to notify their employer within 24 hours. These rules apply whether the violation occurred in Michigan or another state.
Employers also have their own reporting duties under federal law. Specifically, they must report certain alcohol- and drug-related violations to the FMCSA Clearinghouse within three business days. The Clearinghouse is a nationwide database that tracks CDL violations, making it easier for regulators and employers to identify drivers who are not permitted to operate commercial vehicles.
Failing to report on time, whether as a driver or an employer, can lead to additional penalties. For drivers, this could mean further fines, loss of driving privileges, or complications with current and future employment. For employers, failure to report can result in compliance audits, fines, and potential liability issues.
These obligations can feel overwhelming, but they are an important part of keeping your driving record and your livelihood in good standing. If you have questions about reporting requirements or need guidance after a violation, an experienced Oakland County motor vehicle offenses attorney at Michigan Defense Law is here to provide clear direction and protect your interests.
Michigan state law on commercial driving regulations is constantly changing, and state officials continue to enforce these regulations rigorously. Therefore, it’s essential to have knowledgeable legal counsel to assist in defending your rights. The stakes are high, impacting more than just your driving privileges; your livelihood could depend on securing the most favorable result in cases involving your commercial driver’s license (CDL).
For more information on how our attorneys can help, contact Michigan Defense Law at (248) 451-2200. We’re happy to answer your questions or arrange a case evaluation.
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