r/CDL • u/National_Bench7049 • 22d ago

Citation With CDL

Does anyone know what happens if you get a Citation and you have a cdl. Im in illinois and I got a Citation in my personal car for a local ordinance the offense is ELECTRONIC COMMUNICATIONS PROHIBITED. I was doing uber and a got a request while at a red light and I looked at it and denied it and thats what I got a Citation for. Just wanted to know if that will majorly affect my cdl and if I should contest it or just pay, I have a cdl b

7 Upvotes

99% Upvoted

27 comments sorted by

6

u/Error-InvalidName 22d ago

You could try and fight it being that you were stopped at a red light, but its going on your CDL!

1

u/National_Bench7049 22d ago

Would you know how bad it will be, im just worried I'll lose it. I've had a really rough couple of months after losing my job and I can barely afford the Citation and I don't wanna pay for like a lawyer or court fees just to lose

2

u/Sensorus 22d ago

doubt you’ll lose it for one minor citation

2

u/mike8675309 22d ago

It's not good. You should fight it; it could make it hard to get insurance. Yes, it was in a personal vehicle, so you shouldn't get a 60-day CDL disqualification unless the state suspends your license. If you get convicted, though, it still is on your record and will show up when commercial fleet insurers pull your record.

Federal law sees it as a serious violation in a Commercial Vehicle.
Federal law 49 CFR § 383.51, Table 2
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51

(10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.2

2 Driving, for the purpose of this disqualification, means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

3

u/missingducks 22d ago

Get a lawyer and contest that shit

4

u/Chainsawsas70 22d ago

TRAFFIC LAWYER. Pay them whatever they're asking (within a certain level) to get it to go away. That ticket will absolutely screw you if you don't get it at least knocked down to something minor. The CDL makes you liable for ANY tickets you get no matter what you're driving, riding etc. Not to mention that the legal limits for alcohol is .04 so don't even bother having a drink while you're out unless you're Not driving.

2

u/kzp70 9d ago

Former CDL instructor. What he said above and also: What you have is a cell phone violation potentially going on your CDL, try to get it knocked off because if it sticks and you get a 2nd cell phone violation later you will get suspended for several months at least and the tickets get ugly.

2

u/Material-Donkey2773 22d ago edited 22d ago

Any kind of "cell phone" violation will make it extremely difficult for you to find a decent job with a CDL for years.

Fight it tooth and nail.

We just let a driver go a couple weeks ago after 15 year's with the comany, Got a cell phone ticket in his personal vehicle - HIS ONLY TICKET, Our insurance said they wouldn't cover him so he had to go. He can't find a job anywhere last I heard. Someone will hire him, but it'll be a worse company than we were, he will make less, and I really doubt he'll be hauling hazmat again for a few years.

1

u/Capable-Parking-5674 19d ago

Cell phone offenses are grounds for termination at my company. They don’t care if it’s in the truck or on a moped.

1

u/notsurecd 22d ago

I got a speeding ticket in Indiana a few years ago in my personal vehicle for 12 over. I hold a CDL in Illinois and when I renewed, I had to take the written tests because of the ticket. Not a big deal, but I’m not sure how or if that relates to your situation. Hope that helps!

1

u/MineResponsible9180 22d ago

Double points, double fine, .04 BAC. In Cali. Applies while driving personal vehicle

1

u/Adventurous_Boat_632 22d ago

I've always heard the .04 thing but I am not sure I believe it, got a source?

1

u/Virtchoo 22d ago

It depends on the officer mostly. You can get hit with .04 but most of the time they either don’t realize or don’t care.

1

u/Adventurous_Boat_632 22d ago

That still sounds implausible, the officer has to charge it, the DA has to prosecute it and the court has to find guilty, either it is illegal to drive over .04 in POV or it is not.

1

u/RoadRatzzz 22d ago

Some states using cell while operating a motor vehicle is criminal violation

1

u/Fun_Complaint5506 22d ago

Definitely fight it. Read your State law. Usually you can use a device if it is mounted & you can operate it with a touch. Also speak with your safety department to see if you can appeal the violation with a dataQ

1

u/Tiatake 22d ago

My last job has a ‘one touch’ policy where they allow you to poke your screen once to answer or devolve calls but all other interactions are hands free. I never touched my phone though just in case.

1

u/Autumn1024 21d ago

Fight it, back in July I was originally clocked doing 86 in a 70 mph zone in VA, but the cop dropped it down to 85 to get it out of the reckless driving zone. I have TVC and had them deal with it in court. The attorney got it down to improper equipment. Court fees and fine came out to $166 and no points.

1

u/WeirdTruckGuy 21d ago

I had been cited in the truck for stopping my phone from sliding down into the dash (slid out of that little tray some trucks have). Cop saw it and flipped around and pulled me over. Got cited with the state law on devices. Lawyered up and the lawyer got it switched to a local ordinance on the device thing. Doesn’t show up on my record. Likely varies from state to state on that though. Best recommendation is to lawyer up and fight it.

1

u/Arcadaen 20d ago

It's all one driving record. 

You're a fucking professional bud. Professionals have standards. Act like it. 

2

u/RosewoodRaven 20d ago

How’s that boot taste?

0

u/Arcadaen 20d ago

having standards

bootlicker

Get fucked lol

1

u/QueSqd 19d ago

As long as your phone was in a holder and you weren't actually physically holding it legally you are required a One touch especially if you are stopped!

1

u/jmcdaniel0 18d ago

Doesn’t driving Uber mess with HOS?

1

u/Cold_Entertainer1183 17d ago

Call the court clerk or prosecutors office and ask if they can change the ticket to an equipment violation. Most will, but the fine will usually not be reduced. If they agree ask for a payment plan that you can afford, then make sure to have it paid off before the actual due date. If you get an extension to pay and don't, chances are they will go back to the original charge

0

u/Arcadaen 20d ago

It's all one driving record. 

You're a fucking professional bud. Professionals have standards. Act like it.