Fenbert & Associates defends men and women with a commercial driver’s license (CDL) across Chicago and Cook County, DuPage County, Will County, McHenry County and Kane County. Mr. Fenbert is an experienced and aggressive attorney ready to challenge the weight and sufficiency of the evidence and ensure that the prosecution meets its burden of proof. Traffic offenses range from Petty Offenses to Misdemeanors to Felonies depending on the charge and the circumstances of the offense. Most importantly, suffering conviction could adversely affect your CDL.
CDL HOLDERS ARE HELD TO A HIGHER STANDARD
For a CDL holder, a conviction is more encompassing than for a typical Illinois defendant. Pursuant to 625 ILCS 5/6-500 “means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.”
To read more about some of the additional considerations for a CDL holder check out: Illinois Compiled Statute
SERIOUS OFFENSES FOR A CDL HOLDER
The Illinois Secretary of State considers certain traffic offenses serious traffic violations for a CDL Holder. This information is contained in the 92 Illinois Administrative Code 1040. Further, there are additional offenses that are considered serious traffic offenses listed in the Illinois Motor Vehicle Code 625 ILCS 5/6-500.26 (A) of the Uniform Commercial Driver’s License Act (UCDLA).
As stated, the penalties are range from Petty Offenses, Misdemeanors and Felonies depending on the facts and circumstances of each case. Generally, many serious traffic offenses are Misdemeanors. A Class B Misdemeanor is punishable by up to 180 days in jail and a $1,500 fine. Similarly, a Class A Misdemeanor is punishable by up to 364 days in jail and a $2,500 fine. However, when you are convicted of a traffic violation as a CDL holder your main concern whether the conviction will jeopardize your livelihood.
CRAFTING A DEFENSE
No traffic case is the same, but all cases are defensible in Illinois. The prosecution faces the challenge of having to prove each and every element of the traffic offense. The ticketing or arresting officer will be required to testify. If we proceed to trial, we will challenge the officer’s memory, credibility, and possible defenses.
Fenbert & Associates represents men and women charged Speeding. For a Free Consultation call Richard at 630-917-2051. He will discuss the strengths and weaknesses of your case, the possible penalties, mitigation evidence and your desired outcome.