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Some Causes of New York Commercial Driver’s License (CDL) Suspension

by Seth Azria on 9/15/2018

Higher Standard for CDL: Two Convictions in Three Years

A non - CDL driver will have their driving privilege suspended if they accumulate more than 11 points or have 3 speeding convictions in any 18 months period. New York has more strict suspension rules for drivers holding a Commercial Driver’s License (“CDL”).

The New York DMV will suspend a CDL for 60 days if the CDL holder is convicted of two “serious traffic violations” committed within a three year period arising from separate incidents regardless of whether the convictions occurred in New York State or outside of the state. The suspension period will be 120 days for three “serious traffic violations” in three years. (NY VTL §510-a)

Serious Traffic Violations 

Some common “serious traffic violations” are:

  1. use of a handheld mobile telephone or a portable electronic device while operating a commercial motor vehicle,
  2. speeding (15 mph over posted limit), 
  3. reckless driving, 
  4. improper or erratic lane change, 
  5. following too closely. 

Single Convictions Causing CDL Suspension

A CDL will be suspended:

  1. for 60 days for a failure to stop at a railroad gate crossing (NY VTL §1171)
  2. for 60 days for obstructing highway-railroad grade crossing (NY VTL §1176)
  3. The suspension will increase to 120 for the second conviction of VTL §§ 1171 or 1176 within 3 years and a full year for the third conviction in the same three year period.

If you have been charged with a traffic violation, we invite you to contact us to discuss how we can minimize the impact of that ticket on your career and life. 

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fter 6 years of obeying the speed limit (or rather, not getting caught), my luck ran out and I was stopped for a 74/55. I called David and he immediately remembered me from 6 years ago and was happy to help me out again! I was impressed yet again, both with his professionalism , communication, and expedience (also impressed that the rate was not much more). After many failed attempts at managing this ticket myself and contacting the Court, David was immediately able to get the attention of the relevant parties. Within weeks, my ticket was completely dismissed! I cannot recommend David and his office enough! Although I would rather not need to seek this kind of counsel, I am sure I will be calling him back next time I find myself seeing blue in my rear view. Thanks David!

After getting two tickets within a month, David reduced my retainer fee on the second ticket as a "returning client" discount. I knew I had made the right choice at that point. David was personally accessible to any and all concerns that I had regarding my tickets. His staff was also very pleasant and extremely diligent in making sure we had everything in place. David was successful in negotiating what could have been a total of 8+ points between two tickets down to only 2 points. I will refer David to all of my NY friends as my experience made the best out of an otherwise unfortunate situation.

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I received a speeding ticket in upstate New York (30 mph above speed limit) - this was a 6 point hike on my insurance + fines up to $385. I hired Seth over the phone (I live out-of-state), paid my fees, and crossed my fingers. Wow. My case was resolved in around a month to 0 points and a fine of $135. 100% of my communication after our initial call was over e-mail.

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