Harrisburg Traffic Violation Lawyer
An Employee’s license is a critical and essential tool to making ends meet. Therefore, when an Employee receives a ticket for a moving traffic violation or is facing criminal charges that may involve the use of a motor vehicle, the impact on their license must be considered.
Pennsylvania generally uses a point system to assess penalties on an individual’s driver’s license. Points range from 2 to 5 depending on the severity of the violation. Automatic suspensions may also accompany the assessment of points for more serious violations.
Once six or more points are accumulated, a suspension can be imposed regardless of the severity of the individual tickets.
Employees with a Commercial Drivers License (CDL) should know that any time they are cited for any moving violation, including non-point violations, it could impact their CDL and result in a suspension.
Under the Motor Vehicle Safety Improvement Act, the Federal Government has created a listing of “Serious Traffic Offenses” and “Major Offenses.”
If a driver is cited for two Serious Traffic Offenses within a three-year period, they will be subject to a 60-day suspension of their CDL. If they are cited for three Serious Traffic Offenses within a three-year period, they will be subject to a 120-day suspension of their CDL.
Serious Traffic Offenses include the following:
- Speeding 15 mph or more above speed limit
- Reckless driving
- Making improper or erratic traffic lane changes (could be a non-point violation in Pennsylvania)
- Following too closely
- Duties of driver in construction and maintenance areas or on highway safety corridors
- Violating State or Local laws relating to motor vehicle traffic control arising in connection with a fatal accident
- Driving a commercial motor vehicle (CMV) without obtaining a commercial driver’s license (CDL), driving with a CMV without a valid CDL in driver’s possession and driving a CMV without proper class and/or endorsements
Major Offenses have greater penalties than Serious Traffic Offenses and will typically result in a one-year suspension of a CDL for a first offense and a lifetime suspension for a second offense.
Major Offenses include the following:
- Driving under the influence of alcohol or controlled substances
- Refusing to submit to chemical testing
- Leaving the scene of an accident (could be a non-point offense in Pennsylvania)
- Using a vehicle to commit a felony
- Using a vehicle to commit a drug-related felony (1st offense is lifetime revocation)
- Driving a CMV with a revoked, suspended, disqualified or cancelled CDL
- Causing a fatality through negligent operation of a CMV
Other violations can also lead to sanctions including violating an out-of service order and Railroad-Highway Grade Crossing offenses.
If an Employee is granted Accelerated Rehabilitation Disposition (ARD) for any Major Offense or Serious Traffic Offense, it will count as a conviction for the purpose of imposing sanctions on a CDL.
If an Employee’s CDL is suspended it is important that they understand that once the term of the suspension has been served, the CDL will not automatically be restored. The Employee is required by PennDOT to pay a restoration fee. If the restoration fee is not paid, the CDL will remain suspended even if the full term of the suspension has been served. Contact our Harrisburg traffic violation lawyers today, we can help.