CDL Ticket Lawyer in St. Louis

Why a ticket hits harder with a CDL

For most drivers, a ticket means a fine and maybe some points. For a commercial driver, the same ticket can also count toward a CDL disqualification, and the usual ways of keeping a ticket off a record often aren't available. That's true whether you got the ticket in a truck or in your own car.

The masking ban

Federal law prohibits states from "masking" CDL convictions. Under 49 CFR 384.226, a state must not mask, defer imposition of judgment, or allow a diversion program that would keep a CDL holder's conviction off the national CDL driver record. That applies to any traffic-control violation in any type of vehicle. The only exceptions are parking, vehicle weight and vehicle defect violations. It applies whether the offense happened in your home state or another one.

Missouri's own law adds more limits:

• Paying the fine counts as a conviction. Missouri's CDL definition of "conviction" includes paying a fine or court costs and forfeiting bail (RSMo 302.700).
• No driver-improvement course instead of points. That option isn't available for a violation in a commercial vehicle or for anyone who holds, or is required to hold, a CDL (RSMo 302.302).
• Suspended impositions of sentence show up. DOR's point table says an SIS is included on the driver record if the driver held a CDL or was driving a commercial vehicle at the time of the stop.
• No minor-traffic protections in a commercial vehicle. A ticket while driving a commercial motor vehicle isn't a "minor traffic violation," so the municipal $225 cap doesn't apply (RSMo 479.350).
• No limited privilege for commercial driving. If your privilege is suspended, revoked or disqualified, you can't get a limited driving privilege to drive a commercial vehicle (RSMo 302.309).
• Missed court dates. A conviction for failure to appear or pay disqualifies a CDL holder until DOR is notified that you've appeared or paid (RSMo 302.755).

Serious traffic violations

The federal rules (49 CFR 383.51, Table 2) and Missouri law (RSMo 302.700 and 302.755) treat these as serious traffic violations:

• speeding 15 mph or more over the limit;
• reckless driving, including driving in willful or wanton disregard for the safety of persons or property;
• improper or erratic lane changes;
• following too closely;
• a traffic violation (other than parking) connected with a fatal crash;
• driving a commercial vehicle without a CDL, without the CDL in your possession, or without the proper class or endorsement;
• texting, or using a hand-held phone, while driving a commercial vehicle.

Serious violations in a commercial vehicle always count. Serious violations in your personal vehicle count when the conviction leads to the suspension or revocation of your license or non-commercial driving privilege. Disqualification periods run in addition to any earlier ones.

Major offenses

A first conviction for any of these disqualifies a CDL holder for at least one year, or three years if you were hauling hazardous materials:

• driving under the influence of alcohol or a controlled substance;
• refusing a chemical test;
• leaving the scene of an accident;
• using a vehicle to commit a felony;
• driving a commercial vehicle while your CDL is revoked;
• causing a death through negligent operation of a commercial vehicle.

A second major offense from a separate incident means a lifetime disqualification. In some cases, the rules allow it to be reduced to no less than ten years. Two offenses mean a lifetime disqualification with no reduction: using any vehicle in a felony involving the manufacture or distribution of controlled substances, and using a commercial vehicle in a human-trafficking felony. Driving a commercial vehicle with any measurable alcohol results in an immediate 24-hour out-of-service order.

For the criminal side of a DWI, see our DWI defense page.

Other disqualifying violations

The federal rules also disqualify drivers for:

• railroad-crossing violations in a commercial vehicle: at least 60 days for a first conviction;
• violating an out-of-service order.

Driving without the proper CDL class or endorsement is also a class A misdemeanor in Missouri (RSMo 302.725). You aren't guilty if you show the court, by your court or payment date, that you held a valid CDL when the ticket was written.

Out-of-state CDL holders ticketed in Missouri

If you're licensed in another state and convicted in Missouri, DOR creates a Missouri record if needed and forwards the conviction to your home state's licensing agency. Because the masking ban applies wherever the offense happened, a Missouri conviction counts toward disqualification in your home state just as a home-state conviction would. If you're a Missouri CDL holder ticketed in another state, the conviction comes back to your Missouri record the same way.

How we help

We start by checking whether the charge is a serious traffic violation or a major offense, and how it would count with the rest of your record. Then we look closely at the evidence, because with a CDL the case usually has to be resolved on its facts. We'll tell you plainly what's realistic. Call 314-827-6222 or contact us before you pay or plead.

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