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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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I was entirely satisfied with the representation I received from Azria and Bruffett. In May 2018, I received two tickets for failing to stop adequately at a stop sign (the officer said it was a "rolling stop") and failure to signal more than 100 ft. before a turn. I had never had a moving violation in 20+ years of driving, and I was now suddenly facing 5 points and the possibility of a hefty fine! Azria and Bruffett were able to get the charges reduced to a non-moving violation with no points and a minimal fine. Based on my experience, I would recommend them to someone who is concerned about avoiding points and black marks on their driving record.

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I contacted Attorney David receiving a speeding ticket over 100mph in NY, being a NJ driver. David was very professional and very clear on how to handle the issue (had very high points ticket but thanks to David who turned a stressful incident into a quick, easy and painless situation). Within a few months the issue was resolved and we are entirely satisfied with the outcome. I must say that David's help, support and guidance was very professional as well! I highly recommend David, if you have any traffic speeding tickets in the NY state. I found his services remarkable. He delivered more then he promised and I guess that what makes any client happy!!!!!

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From the first phone conversation with Seth in regard to my ticket for allegedly operating an electronic device I knew I had the right attorney. He assured me I had the best in the area and he was proven right when my ticket was dismissed by the judge. The process to collect as much positive information from a client like myself to go to bat for me has proven that he is an experienced professional and willing to go the distance for his clients. I couldn't be happier.

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