Although a conviction of a traffic ticket for Non-CDL holders can have significant consequences, for CDL holders it can be devastating. Not only are you subject to the usual punishments for ignoring traffic tickets or simply paying them, such as warrants, fines, and increased automobile insurance rates, but you could lose your job. It takes only 2 convictions of “serious violations,” as defined by the Texas Transportation Code, to get a suspension of your CDL. For some CDL drivers, only 1 conviction of a moving violation can result in immediate termination of their employment. With so much at stake, qualified legal representation is essential for any CDL driver charged with a traffic violation.
With over 29 years of legal experience, the attorneys and staff of Todd E. Tkach, P.C. have a well-earned reputation for integrity, honesty and client satisfaction. We represent people accused of all crimes, ranging from First Degree felonies to Class C misdemeanors (Traffic Tickets). The majority of our traffic ticket practice is devoted to representing CDL drivers, not only who reside in Texas and hold Texas commercial driver licenses, but all commercial drivers no matter where they live or from which state they hold a commercial driver license. Our attorneys are licensed to represent CDL holders accused of all types of traffic violations in every court in the State of Texas. Our CDL ticket practice extends throughout the State of Texas, with cases pending in courts ranging up to several hundred miles from our office.
Federal and State laws forbid courts from offering CDL holders any plea agreement for traffic tickets that do not result in convictions. Obtaining a good result on a traffic violation for a CDL holder would seem impossible. But, there are options. Our experience and knowledge of the law puts us in the advantageous position to achieve our goal with your case; Dismissal or no effect on your CDL record! We’ve handled tens of thousands of CDL traffic citations; the majority of which resulted in dismissals and/or no adverse effect to our clients’ CDL driving records.
If you’ve received a traffic ticket, you must act quickly to avoid a warrant for your arrest. Even if a warrant has been issued, we can immediately post a bond to lift the warrant and resolve your case without the harsh results the law dictates to CDL drivers.
Not all CDL violations can be dismissed or have no effect on driving records. The facts of each case, the specific charge, the court of jurisdiction, the prosecutor and the county of the violation are all factors that impact the final resolution of a CDL traffic case. Unfortunately, convictions of some CDL violations or convictions of a combination of certain CDL violations within a specific time frame can result in a suspension or disqualification of your CDL. If you are faced with a possible suspension or disqualification of your CDL, we can help! The suspension or disqualification process starts with the Texas Department of Public Safety (“TxDPS”) filing a Petition for Disqualification in one of the Justice of the Peace Courts in the county of your residence. TxDPS is required to send you a dated Notice Letter, from which you have 20 days to request a hearing. Failure to timely request a hearing will result in a suspension or disqualification of your CDL, so you must act fast. We have represented hundreds of CDL drivers at Driver License Suspension Hearings throughout the State of Texas. In most cases, there are procedural or substantive defenses for the CDL driver. Our success rate is extremely high. In fact, we have won many cases even when the CDL driver did exactly what TxDPS accused them of doing.
Put your mind at ease and let the professionals with Todd E. Tkach handle your CDL ticket or suspension hearing from beginning to end. Don’t wait! Call us now.
Immediately after you hire us, if your citation is in warrant we, we will immediately post an attorney bond. Whether in warrant or not, we will then file a Notice of Representation with the Court, enter a plea of not ... More
At this hearing, we will review the “complaint,” which is the legal instrument the State must file in order to begin a case against you. If we find any statutory deficiencies in the complaint , we will immediately ... More
If there are no statutory deficiencies with the “complaint,” we will present any and all legal and factual defenses to the prosecutor. If there is a “legal,” defense, the charge could be dismissed. Similarly, ... More
At this point, CDL citations are handled a bit differently than non-commercial cases. We are fully aware of the ramifications of “convictions.” Especially, “serious” violations and moving violations. If the ... More
If you choose to accept the offer from the prosecutor, we will change your plea to either guilty or no contest, depending on the offer, and will get as much time as possible to make any fine payment that may ... More
If you don’t want to accept the offer and don’t want to take the case to trial, another possible option is to appeal the case to the County Court. We frequently do this with CDL cases, since State and Federal ... More
As all CDL holders know, they are held to a higher standard than non-CDL drivers. That holds true even when a CDL holder is driving a non-commercial vehicle; even his own personal vehicle. Many times, the Texas legislature has considered changing the law to treat CDL holders just like non-CDL holders when they receive citations while driving non-commercial vehicles. Unfortunately, on each occasion, the legislature has either refused to consider it or have voted it down. So for now, CDL holders are held to the more strict standards, even when driving a small non-commercial vehicle. So, if you get that speeding ticket while driving the family Prius, by sure to call Todd E. Tkach for representation.
Not only are Texas Courts prohibited by State law from offering plea agreements to CDL holders for traffic violations, but Federal laws prohibit States as well. Called “Anti-Masking” laws, the Federal Government has enacted legislation prohibiting State Courts from amending criminal complaints for CDL holders to lesser charges or dropping charges in exchange for non-moving violations. The threatened “punishment” for State Courts engaging in such activity is a reduction or denial of Federal highway funds. Nevertheless, there are still options. Call attorney Todd E. Tkach to find out how we can protect your CDL.
The good news is that, effective September 1, 2019, the Texas Point System was abolished. This applies to CDL and Non-CDL license holders. The result is that all Points are erased, all outstanding surcharges have been waived, and driver licenses suspended for non-payment of Surcharges are immediately eligible for reinstatement. Frankly, the Texas Point System never had much of an effect on CDL license holders. It was only a way for the State of Texas to access and collect “Surcharges.” Convictions for certain violations meant that you received “points.” The more points you had, the more money you owed in surcharges. More.
Generally, non-moving violations will not affect your driving record. However, there are a few notable exceptions to this general rule. Convictions for driving without liability insurance and convictions for offenses involving alcohol, drugs, or the commission of a felony will cause a suspension or disqualification of your CDL.
The term “Serious Traffic Violation” is defined in Section 522.003(25) of the Texas Transportation Code. Generally, these violations include speeding fifteen (15) mph or more over the posted speed limit, reckless driving, a violation of a state or local law related to motor vehicle traffic control, improper or erratic traffic lane change, and following the vehicle ahead too closely. Receiving convictions of two serious traffic violations within a three (3) period is punishable by a sixty (60) day suspension of your CDL.
There are multiple violations that can cause a suspension of a commercial driver license. The periods of suspension can range from sixty (60) days to lifetime. Generally, convictions of two (2) “serious traffic violations,” or one (1) violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing within three years will cause a sixty (60) day suspension. The suspension increases to one hundred twenty (120) days for a third violation of a serious traffic violation or a second railroad crossing violation in the same time period. The suspension period goes to one (1) year for a third railroad violation in three (3) years. Additionally, there are one (1) year suspensions for convictions of DWI, leaving the scene of an accident, using a vehicle in the commission of a felony, causing the death of a person through the negligent or criminal operation of a motor vehicle, driving a commercial vehicle while your CDL is suspended, revoked or cancelled, refusing to submit to a blood alcohol breath test, or driving while having a blood alcohol content of .04 or more. The suspensions increase to three (3) years and lifetime for more serious violations. More.
To be blunt, convictions for a moving violation stay on your record forever. Your driving record contains all information about your driver’s license and its’ history, including when it was obtained, the type, all reported traffic convictions, suspensions, etc.
If the Texas Department of Public Safety pursues a suspension of your CDL, they are required to notify you, by mail, that they will suspend your CDL, unless you request a hearing. You will have twenty (20) days from the date of the letter to request a hearing. Failure to timely request a hearing will result in a suspension of your CDL. If you timely request a hearing, you will be notified of the date, time and place for the hearing. This is a complicated issue and you should contact us immediately if you receive a suspension notice from the Texas DPS. More.
To drive commercially, the short answer is "No." If your CDL is suspended, you can get an occupational driver license, but it does not allow you to drive commercially.
If you hire us, in most cases and in most courts, we can resolve your case and you do not have to personally go to court. However, CDL violations can be a bit complicated. Occasionally, a personal appearance will be necessary depending on the violation, the court in which your case is pending, and whether your case has been appealed. If your personal appearance is required, we will let you know.
Thank you very much for your time and service. We will recommend you and TVC to the truckers we know and meet. You did an awesome job; thanks again for your help!
I want to thank everyone who may have contributed in helping to dismiss my citation. As I hold a CDL it is important to resolve any major violation against my class A driver license.
Not only did he get my ticket dismissed, he kept it off my driving record. I drive for a living so this was very important to me.