Transportation Law Violations
If you are a commercial driver or if you own a company that uses drivers, you should understand how much a transportation law violation can disrupt your business. Even a relatively minor violation can have an effect on a commercial driving record or can require a court appearance, and more serious violations can result in the suspension or revocation of a commercial driver’s license. Losing a commercial license can keep you from earning a living or, for company owners, can seriously affect your workflow.
At the law office of Hirsch & Hirsch, LLP, we know how to efficiently handle transportation violations so your drivers can continue doing their jobs and there is as little effect on your business as possible.
There are many different rules and regulations set out by Section 140 of New York State Transportation Law, which largely mirrors the Federal Motor Carrier Safety Regulations (FMCSR). These regulations are separate from regular tickets under the New York Traffic Code and apply specifically to drivers of commercial vehicles. Some of the common transportation law violations that our office can handle include the following:
- Overweight truck violations
- Weigh station violations
- Defective brakes
- Defective steering
- Defective coupling
- Defective lights
- Other safety and inspection violations
- Visibility violations
- Hours of service violations
- Log book violations
- Unlawful lane changes
- Failure to abide by traffic signals
- Other moving violations
- HAZMAT violations
- Reckless driving
- Insurance issues
- Health violations
- Suspended registrations or commercial licenses
- Drug and alcohol testing
- Commercial DWI/DUI
These are only some of the many violations that can have an effect on a commercial driver’s record and livelihood.
Because commercial drivers are held to a higher safety standard than drivers of smaller passenger vehicles, the laws are often more strict for CDL holders. For example, the legal limit for DWI/DUI for most drivers in New York is 0.08 percent blood alcohol content (BAC). However, commercial drivers can be charged with DWI/DUI with a BAC of only 0.04 percent.
Commercial Transportation Law Violation Penalties
The New York Department of Transportation (DOT) takes commercial transportation safety very seriously and, therefore, sets out serious penalties for many violations. In addition, penalties for regular traffic violations can often be enhanced for commercial drivers. Some of the common penalties for commercial violations often include:
- Points on your commercial driver’s license, which can result in a suspension if too many points are accumulated
- Suspension or revocation of your CDL
- Misdemeanor charges in criminal court, which can result in additional fines, probation, or even jail time
The consequences of a CDL violation can have an effect on your finances and even your freedom. In addition, if you have too many violations, you may be viewed as a high risk for employers and may have a more challenging time securing a driving job.
Transportation Law Violation Attorney
The process for handling a violation under NY commercial transportation law can differ from a regular traffic ticket. In addition, commercial drivers spend long hours on the road and often do not have time to deal with court appearances or finding solutions for their violations. At Hirsch & Hirsch, LLP, we believe that the time you spend off the road should be spent with your family and not in court. This is why we handle negotiations and the legal process for you.
In addition to representing you at all court hearings, a skilled NY transportation law attorney will know how to present evidence and arguments in order to negotiate with the prosecutor and limit or even eliminate the penalties you will face. We can help you avoid points on your commercial driving record or suspension of your license whenever possible. In addition, if you have been wrongfully accused of a violation, we can present evidence to defend against the accusations in court to try to have your case dropped or dismissed.
Call for a Consultation with a Commercial Transportation Violation Lawyer Today
At the New York law firm of Hirsch & Hirsch, we have helped many commercial drivers and trucking companies resolve violations using our efficient process of negotiation. We understand how important it is to have your entire fleet in working order and have your drivers be free of violations whenever possible. In order to ensure that your business continues as usual and that your drivers remain on the road, you should not hesitate to discuss any violations with a transportation law violation attorney as soon as possible. You can rely on us to handle your case in the most cost-effective manner possible, so please call our office today at 516-486-8500 for help.