Commercial Driver Defense
Your CDL is your paycheck. Defend it that way.
Shugar Law Office represents CDL holders facing New Jersey traffic charges from its Mount Holly office. Counsel reviews the underlying summons together with the separate state and federal commercial-license consequences, including whether the driver was in a commercial or personal vehicle, before the driver decides how to proceed.
The Career-Enders
Major offenses: one strike, one year — two strikes, lifetime
| Major offense (49 CFR 383.51, Table 1) | First conviction | Second |
|---|---|---|
| DWI / DUI (alcohol or drugs) — including in a personal vehicle | 1-year disqualification* | Lifetime |
| BAC of 0.04 or more while driving a CMV | 1 year* | Lifetime |
| Refusing a chemical test — including in a personal vehicle | 1 year* | Lifetime |
| Leaving the scene of an accident — including in a personal vehicle | 1 year* | Lifetime |
| Using any vehicle to commit a felony | 1 year* | Lifetime |
| Using a vehicle to manufacture or distribute drugs | Lifetime, first offense | |
*Three years instead of one if the offense happened while hauling placarded hazmat. These are disqualifications of the CDL itself — separate from, and on top of, whatever the underlying case does to your regular license. If the charge is DWI-related, start with our DWI defense page; if it's a leaving-the-scene allegation, that page covers the two tiers and the knowledge defense.
The Accumulators
Serious traffic violations: the 60/120-day trap
| "Serious" violations (49 CFR 383.51, Table 2) | Within 3 years | Disqualification |
|---|---|---|
| Speeding 15+ mph over the limit · reckless driving · improper or erratic lane changes · following too closely · texting or hand-held phone use in a CMV · any moving violation tied to a fatal accident · driving a CMV without the proper CDL/class in possession | 2nd violation | 60 days |
| 3rd violation | 120 days |
The trap is the second ticket. A driver who paid a "minor" 4-point speeding ticket last year is one routine stop away from 60 days without income. In a personal vehicle, serious violations count toward this schedule when the conviction suspends your regular license. Every speeding band and its consequences are on our 39:4-98 page, and New Jersey's ordinary points apply to your record on top — see the full points list.
Why "just take the deal" doesn't work for CDL holders
Federal rule 49 CFR 384.226 prohibits courts from masking, deferring, or diverting a CDL holder's traffic conviction — in any vehicle, for nearly any moving violation. The conditional outcomes and program-based dismissals that quietly resolve ordinary tickets are legally unavailable to you. What remains is the real fight: challenging the state's proofs, and negotiating over which offense ends up on the record — because the difference between a serious violation and a non-serious one is the difference between a countdown to disqualification and a closed case. No outcome is ever guaranteed, but in CDL cases the difference preparation makes is measured in paychecks.
How We Handle CDL Cases
A CDL ticket is a career problem, and it gets evaluated like one
When a client holds a CDL, the evaluation goes wider than the summons. Beyond the fine and the points, we look at what a conviction could mean for the CDL itself, for employment, for insurance, for the FMCSA record, and for future driving jobs — and we pin down whether the violation happened in a commercial or a personal vehicle, because that can change the consequences under both New Jersey law and the federal rules above.
The most expensive mistake we see commercial drivers make: paying a ticket because it came in the personal car, or because it looked minor. Paying is pleading guilty, and for a CDL holder that conviction can carry consequences an ordinary driver would never face. Before taking any action on a ticket, talk to an attorney — the consultation costs nothing, and it is the only way to know what the ticket actually threatens while every option is still open.
One Summons, Two Rulebooks
Start with the charge, then test the CDL consequence
The underlying New Jersey charge still matters: speeding, reckless driving, hand-held phone use, driving without insurance, or another traffic offense. Counsel then checks the separate federal and state CDL consequences, including whether the event occurred in a commercial or personal vehicle and what must be reported. Ordinary passenger-license assumptions should not be used as shortcuts in a CDL case.
Common Questions
CDL questions we hear
The ticket was in my personal car. Does my CDL even care?
Often, yes. Federal rules disqualify a CDL for major offenses — DWI, refusal, leaving the scene, felony use of a vehicle — even when they happen in a personal vehicle. Serious traffic violations in a personal vehicle count toward disqualification when the conviction results in your license being suspended or revoked. "It was my own car on my own time" is not the shield most drivers assume it is.
Can I take a diversion program or get the ticket deferred like other drivers?
Federal law forbids it. Under 49 CFR 384.226, states and courts may not mask, defer judgment, or divert a CDL holder’s traffic conviction to keep it off the driving record — in any vehicle. Outcomes available to ordinary drivers are off the table, which is exactly why the realistic fight in a CDL case is about what offense you are convicted of, or whether the state can prove the charge at all.
Do I have to tell my employer about a ticket?
Yes — federal rule 49 CFR 383.31 requires a CDL holder convicted of any traffic violation (other than parking), in any vehicle, to notify their employer in writing within 30 days of the conviction. That makes the outcome of the case an employment matter, not just a licensing one, and it is one more reason to fight the charge rather than mail in a plea.
How many "serious violations" can I absorb before disqualification?
One is free; two are not. A second serious traffic violation within three years brings a 60-day disqualification, and a third brings 120 days. The serious list includes speeding 15+ mph over the limit, reckless driving, improper lane changes, following too closely, texting or hand-held phone use in a CMV, and any moving violation connected to a fatal accident.
One ticket shouldn't cost you a season of income.
Tell us the charge, the vehicle you were in, and what's already on your record. You'll hear your real disqualification exposure and our flat fee before you decide anything — and if you're an out-of-state driver, you likely won't need to come back for court.
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