Commercial Drivers May Have a Remedy for a Traffic Violation Under Texas Law

Do you make your living with a Commercial Driver’s License? Did you get a ticket while passing through Dallas? You may think that you do not have any option other than paying the fine and accepting the points on your license. However there are other solutions.

The Texas Department of Public Safety regulates Commercial Driver’s Licenses (CDLs) and imposes penalties on those drivers who violate traffic regulations.  A CDL may be disqualified for various periods of time.  Two serious offenses, which include reckless driving, excessive speeding, improper lane changes, and following another vehicle too closely, within a period of three years may result in disqualification for sixty (60) days.  Three such offenses within the same timeframe may lead to disqualification for 120 days.  A violation involving a railroad-crossing may lead to a disqualification after the first offense.  Although these penalties are serious, the right attorney can make sure that the impact on your livelihood is minimized.

Mailing your payment after receipt of a violation is not your best option.  This will result in a conviction on your record.  This is a worst-case scenario.

  1. Dismissal of the ticket is possible.  Despite the seeming finality of the ticket once the police officer has issued it and walked away, it is possible to challenge the ticket in court.  During the initial meeting, please come prepared with a clear presentation of the facts surrounding the ticket so that any grounds for a dismissal can be explored.
  1. Negotiation of a Fine Only.  If the court will not dismiss the ticket, there is still the opportunity for a negotiated settlement that will result in a fine, but no conviction on your record and not points on your CDL.
  1. Minimization of Points Appearing on Your License.  If a dismissal or a negotiated fine-only result is not achievable, it is possible to minimize the number of points that appear on your CDL.  The disqualifications discussed above are the result of serious violations and limiting the number of points on your license can prevent future issues.

If circumstances have progressed to the point that your license has been disqualified, a hearing may be requested to challenge the result.  This must be done within twenty days of the disqualification.  An administrative hearing will be scheduled in a municipal or justice court.  A denial at this level may be appealed.  Due to the nature of a CDL, in the event of disqualification, there are no reinstatement requirements.  The license will be reinstated automatically after the ascribed disqualification time period.  There is no class or responsible driver course that a driver can take to modify the process.

For additional information, or if you are a commercial driver who has received a ticket while passing through Texas, it is important to work with an experienced Dallas criminal defense lawyer to help you enforce your rights.  For more than thirty years, our office has successfully defended thousands of individuals dealing with all types of criminal related offenses.   If you would like to speak to Mr. Pettit about your case, contact our firm today by calling 214-521-4567.  We accept most major credit cards and provide bilingual services in Spanish.


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