If You Get A Ticket in Illinois

Please note that your state and the Federal Motor Carrier Safety Administration (FMCSA) regularly update these CDL requirements. Please visit the Illinois CDL and Drivers License Page on the Illinois Secretary of State website and the FMCSA website for the most authoritative and up-to-date information regarding CDL requirements and processes.

If you receive a ticket in the state of Illinois, the fee you pay and the level of charges against you will vary depending on the severity of the offense. A minor offense will not cause you to lose your license, but if you are charged with numerous offenses, even if all of them are minor, you could eventually lose your license or have it suspended. Other charges are classified as either “serious” or “major”. Major violations always result in some form of disqualification for commercial drivers. Serious offenses result in disqualification when multiple offenses accumulate.
Major Violations
First violations for major offenses in the state of Illinois result in a one-year disqualification. Drivers transporting hazardous materials receive a three-year disqualification. Second violations for all drivers result in a lifetime disqualification. Major violations in the state of Illinois include:

• Being under the influence of alcohol
• Being under the influence of a controlled substance
• Having a blood alcohol concentration of 0.04% or greater while operating a commercial motor vehicle (CMV)
• Refusing to take an alcohol test as required by Illinois law under implied consent regulations
• Leaving the scene of an accident
• Using the vehicle to commit a felony
• Driving a CMV when the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV due to prior violations
• Causing a fatality through the negligent operation of a CMV, including but not limited to motor vehicle manslaughter, homicide by motor vehicle, or negligent homicide
• Using the vehicle in the commission of a felony involving the manufacturing, distribution, or dispensing of a controlled substance

Serious Violations
First violations for serious offenses in the state of Illinois do not result in disqualification. A second serious violation within three years results in a 60-day disqualification, and a third serious violation results in a 120-day disqualification.

Serious violations in the state of Illinois include:

• Speeding excessively — driving 15 miles per hour or more above the posted speed limit
• Driving recklessly, including offenses defined by Illinois law as willful or wanton disregard for the safety of persons or property
• Making improper or erratic traffic lane changes
• Following too closely
• Violating Illinois traffic control laws (excluding parking violations) in connection with a fatal accident
• Driving a commercial motor vehicle (CMV) without obtaining a CDL
• Driving a CMV without a CDL in your possession
• Driving a CMV without the proper class of CDL and/or required endorsement

Railroad-Highway Grade Crossing (RRHGC) Violations
The first RRHGC violation results in a disqualification of not less than 60 days. A second violation within three years results in a disqualification of not less than 120 days. A third violation within three years results in a disqualification of not less than one year.

RRHGC violations in the state of Illinois include:

• No requirement to always stop, but the driver fails to slow down and check that the tracks are clear before crossing
• No requirement to always stop, but the driver fails to stop before reaching the crossing when the tracks are not clear
• Legal requirement to always stop, but the driver fails to stop before driving onto the crossing
• Failure to ensure there is sufficient space to drive completely through the crossing without stopping
• Failure to obey a traffic control device or the directions of an official at the crossing
• Failure to negotiate the crossing due to insufficient undercarriage clearance

Other Applicable CDL Violations
In addition to the above-listed violations, commercial drivers need to be aware that there are certain legal requirements that apply only to them. You can be penalized if you commit the following offenses in your commercial vehicle:

• Carrying an oversized load without the proper permit
• Failure to be in possession of an up-to-date logbook
• Speeding over 15 miles per hour while towing a trailer
• Driving on a road not permitted due to grade restrictions

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.