How to Challenge a Commercial Driver’s License Violation
Sept. 18, 2025
As an attorney working with drivers across New York, I know how serious it is when a commercial driver’s license (CDL) violation occurs. A CDL isn’t just another license—it’s the foundation of your livelihood. When a violation threatens your record, your job, and your reputation, it’s essential to act quickly and thoughtfully.
I’ll walk you through how to challenge a CDL violation, what steps matter most, and how legal support can make a difference. At Michael Kuzma Attorney at Law, I’ve worked with drivers who depend on their CDL every day, and I understand what’s at stake when that license is put at risk. Keep reading to learn more about what you can do.
CDL Violations
Before discussing how to challenge a violation, it’s important to understand what qualifies as one. A CDL violation occurs when a driver operating a commercial vehicle breaks traffic law or administrative rules that apply specifically to CDL holders. These violations can range from serious infractions to more routine tickets.
Some examples of CDL violations include:
Driving under the influence of alcohol or drugs
Excessive speeding
Following another vehicle too closely
Reckless driving
Operating without the correct class of license or endorsements
Violating out-of-service orders
Each of these carries different penalties. Some may threaten your CDL directly, while others accumulate points that push you closer to suspension. Knowing the type of violation you’re facing is the first step in challenging it effectively.
Why CDL Violations Matter More Than Regular Tickets
A CDL violation isn’t the same as a standard traffic ticket. The Federal Motor Carrier Safety Administration (FMCSA) holds CDL drivers to stricter standards. This means that even a single violation can have lasting effects on your ability to work.
For example, a first-time conviction for driving under the influence with a CDL leads to a one-year disqualification, even if it’s your personal vehicle. Repeat violations can result in a lifetime ban. Even less serious offenses like speeding or improper lane changes can add up quickly, putting your license at risk.
Because your CDL directly affects your livelihood, fighting these violations is critical. The consequences aren’t just personal—they also impact your employer, your income, and your professional standing.
New York CDL-Specific Rules You Should Know
Each state sets its own rules in addition to federal requirements, and New York is no exception. Some state-specific laws often catch CDL holders by surprise.
In New York:
Two serious traffic violations within three years can result in a 60-day CDL suspension.
Three or more serious traffic violations within three years can result in a 120-day suspension.
Serious violations include speeding 15 mph over the limit, reckless driving, improper lane changes, or following too closely.
CDL holders must notify their employer of any traffic law conviction within 30 days, even if it happened in their personal vehicle.
Understanding these rules is critical because they show how quickly penalties escalate. What may seem like a minor ticket can carry much heavier consequences when you hold a CDL.
The First Steps After Receiving a CDL Violation
When you receive notice of a CDL violation, the first thing to do is stay calm and organized. Acting quickly gives you more options for defense.
Here’s what I recommend:
Carefully review the citation or notice of violation.
Write down all details you remember from the stop or incident.
Collect any documents that may help, such as logbooks, bills of lading, or dashcam footage.
Avoid admitting guilt or paying the fine before speaking with an attorney.
These first steps give you the strongest foundation for building a defense. By taking them seriously, you make it easier to challenge the violation later.
Common Defenses Against CDL Violations
There are several ways to challenge a CDL violation, depending on the specific charge. Each defense must be tailored to the facts of the case. Some of the most effective strategies include:
Questioning the stop: If the officer lacked probable cause or reasonable suspicion to stop you, the violation may not hold up.
Challenging evidence: Radar readings, field sobriety tests, or logbook violations can sometimes be inaccurate or mishandled.
Procedural errors: Mistakes in paperwork or improper handling of records may weaken the case against you.
Mitigating circumstances: In some situations, demonstrating that conditions beyond your control contributed to the violation can help reduce penalties.
The key is to look closely at every detail. A single weakness in the case against you can make a significant difference in the outcome.
How Traffic Law Applies to CDL Holders
Traffic law applies differently when you hold a CDL. While most drivers are subject to state law, commercial drivers also fall under federal regulations. This dual system creates unique challenges.
For instance, New York State may suspend your license for repeated speeding violations, but federal rules also require reporting to the FMCSA. Employers often have additional reporting requirements under traffic law, which can complicate matters further.
That’s why it’s not enough to look at the ticket itself. You need to consider how state and federal rules interact, and how your employer may respond. Understanding these connections is a vital part of any defense strategy.
Administrative Hearings and Court Proceedings
Challenging a CDL violation usually involves either an administrative hearing or a court appearance. The process depends on the nature of the charge.
In some cases, you’ll receive notice of a hearing with the Department of Motor Vehicles. At this hearing, the state presents its evidence, and you have the chance to respond. In other situations, especially for criminal charges like driving under the influence, the matter goes to court.
Both settings require preparation. You’ll need to gather evidence, line up witnesses if necessary, and be ready to present a clear argument. The way you approach these proceedings can determine whether your CDL remains intact.
The Importance of Documentation
Documentation is one of the strongest tools in challenging a CDL violation. Commercial drivers generate records every day, from logbooks to maintenance reports. These documents often play a crucial role in building a defense.
For example, if you’re accused of driving past the hours-of-service limit, accurate logbooks and electronic logging device records may show compliance. If an officer claims reckless driving, dashcam footage may provide a different perspective.
Keeping organized records not only helps you operate legally but also strengthens your position if a violation is alleged.
How Employers View CDL Violations
Employers often take CDL violations seriously, even beyond what the law requires. Carriers want to protect their safety ratings, avoid higher insurance costs, and maintain compliance with federal guidelines.
That means even a relatively minor violation could impact your employment status. Some employers have strict internal policies that go beyond traffic law requirements. This makes challenging a violation even more important—not only to protect your CDL but also to protect your job.
The Impact of Points And Penalties
New York uses a point system to track driving violations, and CDL holders aren’t exempt. Accumulating too many points in a short period can lead to suspension.
Some common point values include:
Speeding (up to 10 mph over the limit): 3 points
Speeding (more than 40 mph over the limit): 11 points
Reckless driving: 5 points
Improper cell phone use: 5 points
When you add these up, you can see how quickly points threaten your CDL. Contesting each violation becomes a way to protect your long-term driving record.
CDL Disqualification and How to Fight It
Disqualification is one of the harshest consequences for CDL holders. It means you lose the ability to operate commercial vehicles for a set period—or sometimes permanently.
Disqualifications happen for serious offenses like:
Driving under the influence
Leaving the scene of an accident
Using a vehicle in the commission of a felony
Causing a fatality through negligent operation
Fighting disqualification requires careful analysis of the case and often involves both administrative and court proceedings. It’s one of the most important reasons to challenge violations aggressively.
Real-Life Examples Of CDL Defense Strategies
To better illustrate how defenses work, here are a few real-world scenarios I’ve seen:
A driver accused of reckless driving was cleared after dashcam footage showed another vehicle cut him off, forcing him to brake suddenly.
A speeding ticket issued on an incline was reduced after evidence showed the radar gun was improperly calibrated.
A driver facing hours-of-service violations avoided penalties after presenting accurate electronic log records that contradicted the officer’s report.
Each case is different, but these examples show how building a strong defense can protect your CDL.
Why Legal Representation Matters
While drivers have the right to represent themselves, CDL violations often involve rules that go beyond what most people deal with. Between state regulations, federal law, and employer requirements, the process can quickly become overwhelming.
An attorney with experience in traffic law can identify weaknesses in the case, organize evidence, and advocate on your behalf. More importantly, legal support allows you to focus on your job while knowing that your defense is being handled thoroughly.
Preparing for the Best Outcome
Challenging a CDL violation doesn’t always mean a full dismissal. Sometimes the best outcome is a reduction in charges, fewer points on your license, or avoiding disqualification.
When preparing your case, it’s helpful to prioritize goals such as:
Protecting your CDL status
Reducing penalties and points
Preserving your employment record
Maintaining compliance with federal and state traffic law
Every case is unique, and the best outcome depends on the facts. But preparation and persistence often make the difference.
Move Forward After a CDL Violation
Challenging a CDL violation is about protecting more than just a license—it’s about protecting your career and livelihood. From understanding the specific charge to presenting documentation and fighting disqualification, every step counts. The right legal strategy can help you reduce penalties, safeguard your record, and continue working without interruption.
If you’re facing a CDL violation, contact me at Michael Kuzma Attorney at Law. I serve motorists facing traffic charges in New York State.