CDL Defense Details
Why You Need a CDL Denfense Attorney
Although it seems like the easiest thing to do, simply paying a ticket can have disastrous results, especially for CDL drivers. Paying the ticket means that you are pleading guilty, and are therefore, convicted. That can cost several hundred or even thousands of dollars in fines, increased insurance rates, being dropped from or denied for insurance coverage, Texas Department of Public Safety surcharges, loss of employment, or suspension of your CDL. For a CDL holder facing a traffic violation, effective legal representation is a MUST!
The United States Constitution guarantees that all citizens shall not be convicted of any criminal charge without due process. The problem is that you can waive your due process rights. That’s exactly what everyone does when they simply pay a traffic ticket. They waive their rights and accept a conviction.
The United States Constitution guarantees due process and the State of Texas has enacted numerous procedural rules and laws to provide just that. In other words, you don’t have to just accept a criminal charge such as a traffic ticket. You can fight it. But, you need to know how to do so. Some people try to handle their own traffic tickets, believing that they know how to do it or because a friend told them what to do. The problem is that most of them don’t know the law, and therefore, don’t even know how to proceed or at the conclusion, whether they got a good result or not. So, they handled their own case, but, at what cost?
During the past 29 years of my law practice, I’ve received numerous phone calls from CDL holders who need help because of the problems they caused themselves by entering a plea on a traffic ticket without the assistance of an attorney. Unfortunately, at that point, in most cases, nothing can be done. Warrants, increased truck insurance rates, high fines and CDL suspensions are just of few of the potential pitfalls of handling your own traffic citations. What you don’t know can hurt you!
You only have a few days from the date you receive a traffic citation to take action. You must either pay it or plead not guilty and start the process toward a trial or a plea agreement. If you don’t do either, a warrant for your arrest will be issued. If that happens, what do you do next?
Let’s assume you are able to enter a plea of not guilty with the court. So, what do you do next? What are the procedural rules? What statute is the State of Texas claiming that you violated? What legal defenses are available? What effect will this have on your CDL? Do you have to accept a plea offer from the prosecutor? What happens if you don’t accept the prosecutor's plea offer? What happens if you do accept the prosecutor's plea offer? If you set your case for trial, what do you do at trial?
The good news is that you don’t have to worry about any of that if you have legal representation. We’ve represented tens of thousands of CDL drivers throughout Texas. Our goal is to get your citation dismissed or result in no adverse effect on your CDL driving record. Retain us as your attorneys and your worries are over. We take care of everything from beginning to end. You don’t have to spend time going to court or trying to figure out how to do it. We’ll immediately post a bond to lift any warrant for your arrest, enter a plea of not guilty and schedule your case for a pretrial hearing. After determining the specific statutes at play, we’ll develop any and all possible defenses and will meet with the prosecutor to advocate on your behalf. If a complete dismissal is possible, we’ll get it. If not, we’ll negotiate the best plea agreement possible, focusing on paying the lowest fine possible, avoiding a conviction and protecting your CDL driving record.
Save your time, money and frustration. Let a qualified professional protect your CDL driving record, your insurance rates and coverage, the status of your CDL license, and your job. Don’t try to handle your own case! Call the lawyers with the Law Office of Todd E. Tkach now to talk with one of our courteous staff members, who can explain the traffic ticket citation process, how we will protect your CDL driving record, and answer any questions you may have.
CDL Revocation, Suspension or Disqualification
In addition to defending you for your CDL violations, we can also defend your CDL itself in any revocation, suspension or disqualification action almost anywhere in the State of Texas. For further information, see the pages linked below.
For information about defending your CDL Violations, also see Our CDL Violations Practice.