Don’t expect to find a CDL ticket law firm in Memphis with more experience than Balestrini, Barnes, Jaber & Wood, PLLC. We’ve tried dozens of CDL ticket cases and helped hundreds of commercial truck drivers keep their jobs. You wont get the same results representing yourself. Also, if a prosecutor offers you a “dismissal with court costs” we can promise you that the clerk's office will report the ticket to the Department of Safety and it will count against your CDL.
CDL Ticket Attorney
At Balestrini, Barnes, Jaber & Wood, PLLC our CDL ticket attorneys have successfully handled hundreds of CDL tickets. On top of that, our CDL ticket attorneys have successfully tried dozens of CDL ticket cases. No law firm in Memphis has as much experience at defending CDL tickets as Balestrini, Barnes, Jaber & Wood, PLLC.
What is a CDL?
CDL is short for Commercial Driver’s License. A CDL is required to operate a commercial vehicle or a passenger vehicle with 16 or more passengers. In Tennessee, a CDL license is a Class A, B, or C license.
What if I get a ticket and I am a CDL driver?
A CDL driver faces harsher penalties than non professional drivers for traffic tickets and other moving violations. A CDL driver is held to a higher standard because they are professional drivers and the potential damage a commercial vehicle can cause is greater. Also, the United States government, under Title 49 of the Code of Federal Regulations (the Patriot Act) strictly prohibits local municipal and county prosecutors from “masking” CDL judgments. Therefore, the court cannot send CDL drivers to a defensive driving course as a means to get the case dismissed. Tennessee is required by federal law to connect to the Commercial Driver’s License Information System (CDLIS) and the National Driver Register (NDR) to exchange information about CDL drivers and traffic convictions and disqualifications.
I got a Tennessee ticket, but my CDL is from another state.
A state, such as Tennessee, must check the CDLIS, NDR, and state of licensure before a CDL can be issued, renewed, upgraded, or transferred to make sure the driver is not disqualified or has a license from more than one state. Employers, including trucking companies, are authorized users of CDLIS data and, therefore, have access to an employee’s or an applicant’s driving record. It does not matter where you get your ticket, Federal Regulations require all local governments to report.
Should I fight my CDL ticket?
Yes, tickets are a serious matter for all CDL drivers. Many employers will terminate employment if a CDL driver receives a ticket on his/her record. In any regard, CDL insurance is costly, and insurance providers check CDL driving records quite regularly. Any ticket on that record will cause those premiums to increase. Often police officers and prosecutors don’t understand the law and the seriousness of the consequences CDL drivers face for violations.
Should I pay an attorney to try my CDL ticket case?
Yes. Attorneys know your rights and know how to fight to keep points and reported incidents off your CDLIS record and NDR record. Most cases are won on technicalities. Our CDL ticket attorneys know the tips and tricks to give you every opportunity to prevent this ticket from appearing on your record.
I went to court and they dismissed my CDL ticket with court cost.
Tickets dismissed with court cost are considered “masking” by the federal government and are required to be reported on your CDLIS record and NDR record, the same as if you were found guilty. There is a strong possibility that this ticket will still appear on your record.
Will pleading guilty really affect my CDL license?
Yes. CDL drivers are given more points per offense than non-CDL drivers. Given the relative ease at which you can accumulate points on your record it is best to keep it clean. You never know when your next violation will occur.
Why are police officers so hard on CDL drivers?
Police officers often don’t understand the seriousness of the consequences CDL drivers face. Police officers typically view CDL drivers as easy targets who will be out of state when their ticket is set for court. They never expect you to hire an attorney to handle your ticket.
My CDL ticket was issued by a Memphis city police officer.
Memphis City courts are very stubborn when it comes to CDL tickets. Our CDL ticket attorneys know how to get your ticket dismissed without a trial if it can be done. In many cases, however, if you want your ticket dismissed you will have to win at trial. Call 901-578-1515 for a free consultation with one of our CDL attorneys and will fight to keep it off your record.
My CDL ticket was issued by a Shelby County Sheriff’s officer.
Shelby County prosecutors will, in some cases, negotiate CDL tickets. However, a trial may be necessary depending on your driving history. Call 901-578-1515 for a free consultation with one of our CDL attorneys and will fight to keep it off of your record.
My CDL ticket was issued by a Tennessee Highway Patrol trooper in Shelby County.
Like the answer above, these tickets can be negotiated depending on your driving history.
What are the consequences of not hiring an attorney to fight my CDL ticket?
Prosecutors get paid to prosecute cases. If you don’t know the rules and procedures, you are at a serious disadvantage. The prosecutor will not dismiss a ticket just because you present a different version of events than those indicated by the officer. If you don’t know how to recognize the technicalities in a ticket case, you are severely disadvantaged.
If fined, found guilty, or dismissed with cost, you may face one or more of these scenarios:
• Suspension or revocation of your license
• Points assessed against your record
• Temporary or permanent job loss
• High insurance premiums
• Higher fines
What are the consequences of trying to fight my CDL ticket myself?
People who represent themselves do not know the rules of the court. You may not be able to submit evidence or present evidence to the judge because you do not know the proper procedure or the rules of evidence. You may not be able to properly cross examine witnesses or call your own witness to testify because you do not know the difference between leading questions and questions that call for hearsay answers. Also, you may not know when to object to the prosecutor’s questions. It is likely you will lose a case based on your non attorney advocacy.
Can I try my own CDL ticket case?
Yes. But you shouldn’t. You will be held to the same standard as an attorney. This means that you will be required to know and adhere to all court rules and procedures during this trial. Further, you will be required to know and adhere to the rules of evidence which governs what can be presented in court and how it can be presented.
Will the judge rule in my favor if I try my own CDL ticket case?
The judge will weigh the evidence as it’s presented. You will receive no special treatment because you are a lay person.
Why is Balestrini, Barnes, Jaber & Wood, PLLC so good at winning CDL ticket trials?
We fully investigate the circumstances related to your CDL violation, we understand the relevant laws surrounding your violations, and we aggressively fight for your rights.
How much does it cost to hire a Tennessee CDL ticket attorney?
You should call to get an exact number. Usually the attorney’s fee on a CDL traffic ticket trial is $400. But this really is a pittance compared to losing your CDL.
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Balestrini, Barnes, Jaber & Wood, PLLC
1555 Madison Ave, Ste 202
Memphis, TN 38104
(901) 578-1515 P
(901) 578-2929 F