The CDL Ticket Lawyer
By: James Brandon Gaines, Texas Attorney - Last update: January 2nd, 2018
Texas law is not kind to CDL holders.
As a Commercial Driver’s License (CDL) holder you will be facing a much higher level of scrutiny in the eyes of the law. Since Texas does not allow CDL holders to dismiss their ticket via defensive driving or deferred adjudication, it is much more difficult to keep a CDL ticket off of your record. Even if you survive Texas DPS, there is a high likelihood that you may not be rehired by your employer or be able to find work elsewhere. In other words, that simple traffic ticket is serious business.
Protecting Your CDL and Career
In addition to any consequences that a commercial driver may face due to the policies of his employer, the State of Texas has different rules for CDL holders. You can lose points on your commercial driver's license in Texas for simple moving violations such as speeding or running a stop sign. Insurance is also a major concern because liability premiums for a commercial driver can skyrocket after a ticket. As we move forward, nothing matters more than protecting your CDL, and your livelihood.
Our attorneys will fight the ticket to keep your license so that you can continue to work. Our top priority is to get you the best outcome possible, with these goals in mind:
1. Protect your career.
2. Keep your driving record clean.
3. We take care of all of your court appearances, so that you don't have to take time off.
5. Save you money.
What We Do:
As a CDL holder, you don’t have many of the options that non-CDLs have to keep the citation off of your record. Texas does not allow defensive driving or deferred adjudication for CDLs to dismiss the ticket. The process is much more complicated. We will generally need to appeal your case the higher court, where it goes through the court system for a second time. In essence, a CDL case requires “two turns at bat”.
We will fight your ticket to ensure your CDL is protected, as well as your livelihood. Our attorneys have successfully defended thousands of tickets, and protected just as many jobs and careers. We advise that you do not pay or enter a plea of guilty on your ticket until you speak to us first. Let’s begin.
How We Work
Submit your Ticket
Lost the ticket? No problem. Let us know the details and your attorney will review your ticket.
Your attorney handles your ticket from start to finish, and keeps you updated along the way. The average case takes 1-2 months.
Hire and Done!
Simply review and sign your attorney's contract online, pay the agreed fee, and your attorney will begin work immediatley.
Texas CDL Point System
Texas DPS Points, Surcharges, and Other Penalties
When you are a CDL holder any violation can put your license in jeopardy. However, not all violations are created equal by the “points” that Texas DPS places on your CDL. The “usual” point total on your license for moving violations is 2 points.
In Texas, the point system is dictated by the Texas Commercial Motor Vehicle Drivers Handbook. The DRP controls the assessment of points on your driver's license for violations of the Texas traffic laws. All points are added to the driving record and will stay on thee record for 3 years following the conviction date.
These common moving violations may add 2 points to your record per the DPS point system:
Unsafe lane changes.
Speeding over 10% above the designated limit.
Failure to use turn signals.
Illegally passing a vehicle on the right.
Running a stop sign or red light.
Child safety restraint violations.
Operating a vehicle recklessly.
Unsafe following distance.
Failure to yield the right of way to pedestrians.
Railroad-Highway Grade Crossing - CDL will be disqualified for no less than 60 days for the first offense alone.
The accumulation of points could result in a suspension or other penalties, such as surcharges and fines.In Texas, your license may be suspended if:
You have 4 moving violations or more within 12 months.
You have 7 moving violations or more within 24 months.
License suspensions can occur if you accumulate too many moving violations within a specified period of time. Any individual whose drivers license is currently suspended, cancelled or revoked in Texas or in any other state is not eligible for a CDL.
Additionally, you may be required to pay a surcharge. A surcharge is a fine that must be paid in addition to court fees or other penalties. If you accumulate a total of 6 points or more on your driving record during the 3 year period, the Texas DPS will assess this surcharge. This surcharge is $100 for the first 6 points and $25 for each additional point. Surcharges are assessed annually and the amount of the charge can vary each year based on your driving record status.
Weight and Other Specific CDL Violations
With a CDL, weight violations will vary based on the amount of weight you are over the limit. The fines are $220 for up to 5,000 pounds over, $520 for 5,001 to 10,000 pounds over and $1020 for anything 10,001 pounds and over. Logbook violations, lane violations, grade violations or speed while towing a trailer, also fall under the same legal umbrella.
CDL Ticket Areas
If you received a speeding or reckless driving ticket through Lubbock County, just let us know immediately, as this is a moving violation which can effect your ability to drive.
The 2018 Great Texas Warrant Roundup is right around the corner. If you have a warrant, we can get it lifted immediately.
If you didn't have insurance, or just didn't have proof of insurance at the time, let us know immediately. Insurance violations are reported directly to Texas DPS.
If you were ticketed for an outdated logbook, our attorneys will negotiate your ticket with the court.
Invalid Drivers License
If you have an expired Texas drivers license (DWLI), or no license at all, our attorneys will can negotiate the penalty.
When you have a commercial drivers license, a traffic ticket is a far more serious matter. We fight to protect your CDL and keep the points off, because we know that it is your career at stake.
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Have a Question?
We look forward to hearing from you.
5109 82nd St.
Suite 7, #1124
Lubbock, TX 79424
P: (512) 265-6226
F: (806) 370-1783