Traffic Violation Facts

Traffic Law

Check your state or talk to the lawyer to get the most updated and state facts. This folllowing is from state of Washington all states may be slightly different.

A driver is disqualified from driving a commercial motor vehicle if a report has been received by the Department of Licensing that the driver has received a confirmed positive drug or alcohol test either as part of a drug and alcohol testing program required by employers, or as part of pre-employment drug and alcohol testing. These disqualifications remain in effect until the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol treatment program that has been certified by the Department of Social and Health Services.

If convicted or found to have committed two serious traffic violations within three years while operating a commercial vehicle, you shall lose your license for 60 days. A third conviction within three years results in 120 day disqualification.

Serious traffic violations include:

Excessive speed (15 mph over posted limit);
Reckless driving;
Negligent driving;
Improper lane changes;
Following too closely.
Violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, in connection with an accident or collision resulting in a death to any person.
A driver is disqualified for a period of not less than 60 days for the first time conviction of the following offenses while operating a commercial

Vehicle at a railroad-highway grade crossing:

Failing to slow down and check tracks are clear of an approaching train, when vehicle is not required to stop.
Failing to stop before reaching the crossing, if the tracks are not clear, when vehicle is not required to stop.
Failing to stop before driving into the crossing, when vehicles are always required to stop.
Failing to have sufficient space to drive completely through the crossing without stopping.
Failing to obey a traffic control device or directions of an enforcement officer at the crossing.
Failing to negotiate a crossing because of insufficient undercarriage clearance.

A driver is disqualified for one year for a first time conviction of the following offenses while operating a commercial vehicle.

Driving under the influence of alcohol or any drugs;
Driving with an alcohol concentration of .04 or more;
Leaving the scene of an accident;
Using a commercial vehicle in the commission of a felony; or
Refusing to take a blood alcohol test.
If convicted of any of the above while operating a vehicle placarded for hazardous materials, the disqualification increases to three years.

A second conviction of the above offense will result in disqualification for life. The second conviction may be for the same or a different offense.

Using a commercial vehicle in the making, selling, or distribution of drugs results in a lifetime disqualification.

Any person who holds a CDL shall be deemed to have consented to such testing as is required of him/her by any state or jurisdiction. Consent is implied by driving a commercial motor vehicle. 49 CFR §383.72.

If any level of alcohol is detected, law enforcement can place a commercial driver out-of-service for 24 hours. It is illegal to operate a commercial vehicle with any alcohol in your system.

Contact our lawyer now If you have experienced personal injuries or substantial income loss as a result of a truck accident in Oklahoma. Our lawyers are here to give you a free case review and to fight for you in court.

	Did You Know?
	A subpoena is a court order to appear or bring information to a court proceeding. The target of the subpoena can object to the order, and a case within a case can evolve that deals solely with the subpoena. A subpoena has to be "served" on the party being ordered to produce information or testimony. Anyone can serve a subpoena, as long as they are not directly involved in the litigation. Along with the expense, another downside of subpoenas is that the information is usually not produced until the time of trial. For purposes of developing a defense it is desirable to have all relevant information well before your trial.