CDL TRAFFIC TICKET IN NEW ORLEANS

The driver of a commercial motor vehicle in Louisiana must have a Commercial Driver’s License (CDL). Any combination of vehicles weighing 26,001 pounds or more qualifies as a commercial vehicle. Before securing a CDL, a driver must obtain a Commercial License Permit (CLP). After driving with a CLP for fourteen days, the driver is eligible to take the CDL skills test in order to secure a valid CDL. Once a commercial driver has a CDL license, it is important that they maintain it. Adverse driving incidents, including traffic tickets, can impact a driver’s record and the maintenance of their CDL. Read on to understand the impact of a CDL traffic ticket in New Orleans and when to contact a traffic ticket attorney for help.

New Orleans CDL Traffic Ticket

While a traffic ticket can be a burden for any driver, traffic tickets are particularly worrisome for commercial drivers who depend on their ability to maintain their CDL to perform their job.

What Happens To My CDL When I Get A Traffic Ticket in New Orleans

The impact of a traffic ticket on your CDL depends on (1) the severity of offense included in the ticket; and (2) whether the driver has prior offenses.

• Serious Violations: Multiple severe traffic violations will result in CDL license revocation. Serious traffic accidents include driving 15 mph or more over the speed limit, improper lane changes, texting while driving, following too closely, and any violation that results in a fatality. Two serious offenses in three years will result in a 60-day revocation of a CDL and three or more violations in three years results in a 120-day revocation.
• Out of Service Orders: Certain violations are deemed serious enough to require an immediate out-of-service order (OSO). A commercial driver who has any amount of drugs or alcohol in their system will require a 24-hour OSO. Violating an OSO results in CDL disqualification with the length of disqualification dependent on the number of prior offenses.
• Major Violations: Major violations result in a mandatory one-year disqualification of a driver’s CDL. Major violations include refusal to take a chemical test, operating the vehicle while intoxicated, using the vehicle to commit a felony, and negligently causing a vehicle-related fatality.

The impacts vary depending on the type of violation covered in a traffic ticket and whether you have prior offenses, but it is clear that any traffic ticket could impact your ability to continue driving a commercial vehicle for some period of time. It is important to think strategically about whether to challenge a traffic ticket and reach out to a New Orleans traffic ticket lawyer for guidance.

What Are My Options After Getting A CDL Traffic Ticket

When you get a traffic ticket while driving a commercial vehicle, you have two options:

• Pay the ticket. If you pay the ticket, this is equivalent to pleading guilty or no contest. It means you are accepting responsibility for the violation detailed in the ticket.
• Contest the ticket. All traffic tickets provide an option to contest the violations included in the ticket. You will have to notify the Department of Motor Vehicles that you intend to contest the ticket. In New Orleans, you will be required to appear to set a court date (noted as the “appear by” date on your ticket) and then return on the court date to present your case to the Assistant City Attorney. The Assistant City Attorney will attempt to negotiate a settlement but, if you cannot agree, you will present evidence and arguments that support your position that there was no violation or the ticket as not justified at trial.

If you choose to contest the ticket, be sure to attend any scheduled hearings. Failure to attend could result in a forfeit of your ability to contest. Come prepared with any evidence of the traffic violation, including pictures of road conditions, obstructed signage, or evidence demonstrating a failure or lack of information on the part of the issuing police officer.