Commercial Vehicle Offenses
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All states have special provisions that apply to the operation of commercial
vehicles, and to the holders of CDLs. This section provides a brief overview
of such provisions in the state of Florida. If you were arrested for DUI
or otherwise cited for a traffic related offense while operating a commercial vehicle,
contact our St. Petersburg office for an initial consultation.
Driving Under the Influence - Commercial Motor Vehicle Operators
A person who has any alcohol in his or her body may not drive or be in
actual physical control of a commercial motor vehicle in the state of
Florida. Any person who violates this provision is guilty of a non-moving
traffic violation, as set forth in Fla. Stat. § 318.18. In addition,
the person shall be placed out of service for a period of 24 hours.
A person who has a blood alcohol level of 0.04 grams of alcohol or more
per 100 milliliters of blood, or a breath alcohol level of 0.04 grams
per 210 liters of breath, while operating a commercial motor vehicle,
is guilty of the offense of DUI. In addition to the applicable DUI penalties,
the person will be disqualfied from operating a commercial motor vehicle
for the period(s) of time set forth below.
Disqualification From Operating a Commercial Motor Vehicle
A person who, for offenses occurring within a three year period, is convicted of
two of the following serious traffic violations (or any combination thereof),
arising out of separate incidents
committed in a commercial motor vehicle shall be disqualified from operating a commercial motor vehicle for a
period of 60 days, in addition to any other applicable penalty.
A holder of a commercial driver's license or commercial learner's
permit who, for offenses occurring within a three year period, is convicted of
two of the following serious traffic violations (or any combination thereof),
arising in separate incidents
committed in a non-commercial motor vehicle shall be disqualified from operating a commercial motor vehicle for a
period of sixty days if such convictions result in the suspension, cancellation,
or revocation of the person's driving privilege:
- A violation of any state or local law relating to motor vehicle traffic
control, other than a parking violation, arising in connection with a
crash resulting in death;
-
Reckless driving, as defined in s. 316.192;
- Unlawful speed of 15 MPH or more above the posted speed limit;
- Improper lane change, as defined in s. 316.085;
- Following too closely, as defined in s. 316.0895; or
- Driving a commercial vehicle without a commercial driver's license
or commercial learner's permit in possession, as required by s. 322.03;
Any person who, for offenses occurring within a three year period is convicted of
three serious traffic violations, as set forth above, arising in separate incidents
committed in a commercial motor vehicle shall be disqualified from operating
a commercial motor vehicle for a period of 120 days, in addition to any
other applicable penalty.
A holder of a commercial driver's license or commercial learner's
permit who, for offenses occurring within a three year period, is convicted of
three of the following serious traffic violations (or any combination thereof),
arising in separate incidents
committed in a non-commercial motor vehicle shall be disqualified from operating a commercial motor vehicle for a
period of 120 days if such convictions result in the suspension, cancellation,
or revocation of the person's driving privilege.
A person who is convicted of one of the following offenses while operating
a commercial motor vehicle shall be disqualified from operating a commercial
motor vehicle for a period of one year, in addition to any other applicable
penalties:
- Driving a motor vehicle while under the influence of alcohol or a controlled
substance;
- Driving a commercial motor vehicle while the alcohol concentration in his
or her blood is .04 percent or higher;
- Leaving the scene of a crash involving a motor vehicle driven by such person;
- Using a motor vehicle in the commission of a felony;
- Refusing to submit to a test to determine his or her alcohol concentration
while driving a motor vehicle;
- Driving a commercial motor vehicle when, as a result of prior violations
committed while operating a commercial motor vehicle, his or her commercial
driver's license or commercial learner's permit is revoked, suspended,
or canceled, or her or she is disqualified from operating a commercial
motor vehicle; or
- Causing a fatality through the negligent operation of a motor vehicle.
Any person who is transporting hazardous materials, as defined in Fla.
Stat. § 322.01(24) shall, upon conviction for an offense specified
immediately above, be disqualified from operating a commercial motor vehicle
for a period of three years, in addition to any other applicable penalty.
Any person who is convicted of two violations, as set forth immediately
above, which were committed
while operating any motor vehicle, arising in separate incidents, shall be permanently disqualified from
operating a commercial motor vehicle.
A person who uses a
commercial motor vehicle or a
non-commercial motor vehicle in the commission of any felony involving the manufacture, distribution,
or dispensing of a controlled substance, including possession with intent
to manufacture, distribute or dispense a controlled substance shall, upon
conviction, be permanently disqualified from operating a commercial motor vehicle.
A person whose privilege to operate a commercial motor vehicle is disqualified
under this section may, if otherwise qualified, be issued a class E driver's
license, pursuant to Fla. Stat. § 322.251.
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Out of Service order violations
A driver who is convicted of, or otherwise found to have committed a violation
of an out-of-service order while driving a commercial motor vehicle, is
disqualified as follows:
- At least 180 days, but not more than one year if the driver is convicted
of, or otherwise found to have committed a first violation of an out of
service order;
- At least two years, but not more than five years if, for offenses occurring
within any 10 year period, the driver is convicted of, or otherwise found
to have committed two violations of out-of-service orders in separate
incidents;
- At least three years, but not more than five years if, for offenses occurring
in any 10 year period, the driver is convicted of, or otherwise found
to have committed three or more violations of out-of-service orders in
separate incidents.
-
At least 180 days, but not more than two years if the driver is convicted
of, or otherwise found to have committed a first violation of an out-of-service-order
while transporting hazardous materials required to be placarded under
the Hazardous Materials Transportation Act, 49 U.S.C. § 5101
et. seq. or while operating motor vehicles designed to transport more than 15 passengers,
including the driver. A driver is disqualified for at least three years,
but not more than five years if, for offenses occurring during any 10
year period, the driver is convicted of, or otherwise found to have committed,
any subsequent violations of out-of-service orders, in separate incidents,
while transporting hazardous materials required to be placarded under
the Hazardous Materials Transportation Act, 49 U.S.C. § 5101
et. seq. or while operating motor vehicles designed to transport more than 15 passengers,
including the driver.
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Railroad-highway grade crossing violations
A driver who is convicted of, or otherwise found to have committed an offense
of operating a commercial motor vehicle in violation of federal, state,
or local law or regulation pertaining to one of the following six offenses
at a railroad-highway grade crossing must be dissatisfied for the period
of time specified below:
- For drivers who are not always required to stop, failing to slow down and
check that the tracks are clear of approaching trains;
- For drivers who are not always required to stop, failing to stop before
reaching the crossing if the tracks are not clear;
- For drivers who are always required to stop, failing to stop before driving
onto the crossing;
- For all drivers, failing to have sufficient space to drive completely through
the crossing without stopping;
- For all drivers, failing to obey a traffic control device or all directions
of an enforcement official at the crossing;
- For all drivers, failing to negotiate a crossing because of insufficient
undercarriage clearance.
Disqualifications for railroad-highway grade crossing violations are as follows:
- A driver must be disqualified for at least 60 days if the driver is convicted
of, or otherwise found to have committed a first railroad-highway grade
crossing violation.
- A driver must be disqualified for at least 120 days if, for offenses occurring
during any three year period, the driver is convicted of, or otherwise
found to have committed a second railroad-highway grade crossing violation
in separate incidents.
- A driver must be disqualified for at least 1 year if, for offenses occurring
during any three year period, the driver is convicted of, or otherwise
found to have committed a third or subsequent railroad-highway grade crossing
violation.
Facing traffic offense charges?
Contact our St. Petersburg criminal defense attorney today for the skilled representation you need.