If You Get a Ticket in Arkansas
Please note that your state and the Federal Motor Carrier Safety Administration (FMCSA) regularly update these CDL requirements. Please visit the Arkansas Department of Finance and Administration Motor Vehicle website, the Arkansas State Police (ASP) Commercial Driver’s License (CDL) Examiner website, and the FMCSA website for the most authoritative and up-to-date information regarding CDL requirements and processes.
If you receive a traffic violation in your commercial vehicle, you are required by law to report it to your employer. Failure to report will result in a 90-day revocation for a first offense and a one-year revocation for a second offense. You must also report any tickets that are issued outside of the state.
The most important thing to remember is that before you pay any ticket, regardless of the circumstances, you should always speak with an attorney experienced in commercial driving law, such as the professionals at Drivers Legal Plan. Your driving record is the most important asset you have in your driving career, and the right law firm can help you fight for and protect it.
Commercial Driving Laws in Arkansas
In the state of Arkansas, CDL violations are categorized into either major traffic violations or serious traffic violations. Drivers convicted on a first offense of a major violation will be disqualified from driving for one year (three years if you are driving a hazmat vehicle). Second convictions of major violations can result in being disqualified for a lifetime. To avoid losing your ability to drive, it’s important to know that there are steps you can take to help reduce penalties and the number of points that go on your record. An experienced attorney with knowledge of commercial driving law can advise you and even stand with you in court to fight for and protect your driving record.
Serious and major violations are categorized as follows:
Serious Violations
- Driving 15 mph or more over the speed limit
- Making an improper lane change
- Reckless driving
- Driving a commercial vehicle without a CDL
- Driving a commercial vehicle other than the class in which you are licensed
Major Violations
- Driving while intoxicated
- Refusal to submit to a blood, urine, or breath test to detect the presence of drugs or alcohol
- Leaving the scene of an accident
- Using a vehicle in the commission of a felony
- Driving a commercial vehicle with a suspended license
- Negligence with a commercial vehicle resulting in a fatality
A first offense of a major violation will result in your CDL being revoked for one year. Second offenses will result in lifetime disqualification from driving. In some cases, reinstatement may be possible after ten years. However, a conviction for the production or transportation of a controlled substance in a commercial vehicle will result in lifetime revocation with no possibility of reinstatement.
Railroad Crossings
Arkansas law includes special rules for operating a commercial vehicle on or near railroad tracks. Violations of these regulations will result in a 60-day revocation of your license for a first offense, and revocations of 120 days and one year for second and third violations, respectively.
Out-of-Service Orders (OSO)
Certain traffic or equipment violations can result in the police officer issuing an out-of-service order (OSO) for both the driver and the vehicle. The length of time for which the OSO will be in effect varies depending on the severity of the violation and the driver’s previous offenses. Drivers convicted of driving in violation of the OSO will receive a $2500 penalty and a 180-day to one-year license revocation for first offenses, and a $5000 penalty and a two-year to five-year license revocation for subsequent offenses. Revocation times are even longer for drivers operating hazmat vehicles.
Remember, the most important thing to remember when you receive a ticket is that you should never just pay the ticket or the court fees without first talking to a legal representative who understands trucking laws. While you want to maintain a clean driving record, unforeseen violations can happen. When they do, you need expert legal protection. Drivers Legal Plan, the Nation's Leading CDL Defense Law Firm, is ready to defend your rights and your career.