Herrera Still, PLLC
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  • Home
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    • Daniel A. Herrera
    • Sarah Emily Still
    • Lori Sentell
  • Practice Areas
  • Family Law
    • Divorce
    • Agreed Divorce
    • Contested Divorce
    • Child Custody
    • Termination of Rights
    • DCS Parent Representation
    • Order of Protection
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    • Misdemeanor Charges
    • Felony Charges
    • DUI & BWI
    • Sex Crimes
    • Internet Crimes
    • Domestic Violence Charges
    • Drug Charges
    • White Collar Crimes
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Knoxville Commercial Driver's License Defense Attorneys

CDL Crimes And Charges and Penalties under Tennessee Law

 Commercial Driver’s License (CDL) holders in Tennessee are subject to strict regulations due to the potential risks associated with operating large commercial vehicles. Violations can lead to severe penalties, including fines, suspension or revocation of the CDL, and even imprisonment. Understanding these regulations and the potential consequences is crucial for CDL holders and employers alike. This blog post explores the various types of CDL crimes and charges in Tennessee, the associated penalties, and the importance of legal representation in such cases.


Understanding CDL Crimes and Charges

CDL crimes in Tennessee encompass a range of violations, from traffic infractions to more serious criminal offenses. The Federal Motor Carrier Safety Administration (FMCSA) sets the standards for CDL regulations, which Tennessee state law enforces. Common violations include:


Traffic Violations

  • Speeding: Driving above the posted speed limit.
  • Reckless Driving: Operating a vehicle with willful or wanton disregard for safety.
  • Improper Lane Changes: Failing to signal or changing lanes in a dangerous manner.
  • Following Too Closely: Tailgating other vehicles.


DUI/DWI Offenses

  • Driving Under the Influence (DUI): Operating a commercial vehicle with a Blood Alcohol Concentration (BAC) of 0.04% or higher.
  • Refusal to Take a BAC Test: Refusing to submit to a breathalyzer or blood test when suspected of DUI.


Serious Traffic Violations

  • Leaving the Scene of an Accident: Failing to stop and provide information or render aid after an accident.
  • Using a Commercial Vehicle in the Commission of a Felony: Involvement in criminal activities such as drug trafficking while operating a commercial vehicle.
  • Driving with a Suspended CDL: Operating a commercial vehicle with a suspended or revoked license.


Other Violations

  • Logbook Violations: Falsifying logbook entries or failing to keep accurate driving records.
  • Cargo Violations: Improperly securing or overloading cargo.
  • Out-of-Service Orders: Violating an out-of-service order, which temporarily prohibits the operation of the commercial vehicle due to safety concerns.


Penalties for CDL Violations

Penalties for CDL violations in Tennessee vary depending on the severity of the offense. They can range from fines and points on the driver’s license to more severe consequences like suspension, revocation, and imprisonment.


Minor Violations

  • Fines: Monetary penalties for infractions like speeding or improper lane changes.
  • Points on License: Accumulating points for traffic violations, which can lead to increased insurance rates and risk of suspension.


Major Violations

  • Suspension/Revocation of CDL: Losing the right to operate commercial vehicles for a specified period or permanently.
  • Imprisonment: Jail time for serious offenses like DUI, felony use of a commercial vehicle, or leaving the scene of an accident.


Enhanced Penalties

  • Repeat Offenders: Increased penalties for multiple violations within a short period.
  • Serious Traffic Violations: Longer suspension periods for serious offenses.
  • DUI Offenses: Higher fines, longer suspension periods, and possible imprisonment for DUI convictions.


Hypothetical Examples

Example 1: DUI Offense

John, a commercial truck driver, is pulled over for erratic driving. The officer suspects DUI and conducts a breathalyzer test, revealing a BAC of 0.05%. John is arrested and charged with DUI. If convicted, he faces fines, a one-year suspension of his CDL, and potential imprisonment.


Example 2: Logbook Violation

Emily, a long-haul truck driver, falsifies her logbook to extend her driving hours beyond the legal limit. During an inspection, the falsification is discovered. Emily is fined and faces a suspension of her CDL for several months, impacting her livelihood.


Importance of Legal Representation

Facing CDL charges in Tennessee can have serious repercussions on a driver’s career and personal life. Legal representation is crucial to navigate the complexities of CDL regulations and to mount an effective defense.


Benefits of Legal Support

  • Understanding the Law: An experienced attorney can explain the specific laws and regulations pertaining to CDL holders.
  • Building a Defense: Legal counsel can gather evidence, interview witnesses, and develop a defense strategy tailored to the case.
  • Representation in Court: An attorney can represent the driver in court, presenting the defense and negotiating with prosecutors.
  • Mitigating Penalties: Skilled legal representation can help reduce penalties, such as negotiating for lesser charges or alternative sentencing options.


Hypothetical Example: Legal Representation in Action

Michael, a CDL holder, is charged with reckless driving and improper lane changes after an incident on the interstate. He hires a criminal defense attorney Knoxville to represent him. The attorney reviews the case, finds inconsistencies in the police report, and successfully argues for reduced charges. Michael receives a lesser fine and avoids suspension of his CDL.


The Role of Legal Services

At Herrera Still, PLLC, we understand the significant impact CDL charges can have on your professional and personal life. Our experienced attorneys provide comprehensive legal support to protect your rights and help you achieve the best possible outcome.


Comprehensive Case Evaluation

We conduct a thorough review of your case, including all evidence and procedural aspects, to identify strengths and weaknesses in your defense.


Strategic Defense Planning

Our attorneys work with you to develop a strategic defense plan tailored to your unique circumstances, ensuring a well-prepared presentation in court.


Representation and Advocacy

We represent you in court, ensuring your rights are upheld and your voice is heard. Our goal is to achieve a fair and just outcome.


Appeals Assistance

If necessary, we assist in filing an appeal to challenge unfair or erroneous decisions.


Conclusion

CDL crimes and charges in Tennessee carry serious penalties that can affect a driver’s career and livelihood. Understanding the various violations and potential consequences is crucial for CDL holders. Legal representation is essential in navigating these challenges and protecting your rights.

At Herrera Still, PLLC, we are dedicated to providing top-tier legal support for CDL holders facing charges.


If you need a lawyer to represent you in a legal matter, give us a call today at (865) 888-6224 or visit our website to book a free consultation to speak with one of our attorneys. Let us help you protect your future and ensure your rights are upheld.


DISCLAIMER: The information on this website is not intended as legal advice but rather for educational/opinion purposes only. If you seek legal advice, contact an attorney. By viewing this website and all information herein, you are agreeing that no attorney-client relationship exists or has been created as a result of your viewing and using this website. 

Knoxville Commercial Driver's License Defense Attorneys

Knoxville Commercial Driver's License Defense Attorneys 

HERRERA STILL, PLLC

1518 N. Broadway, Knoxville, TN 37917

(865) 888-6224 | info@herrerastill.com 


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 DISCLAIMER: The information on this website is not intended as legal advice but rather for educational/opinion purposes only. If you seek legal advice, contact an attorney. By viewing this website and all information herein, you are agreeing that no attorney-client relationship exists or has been created as a result of your viewing and using this website.  

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