Last Updated on July 23, 2025 by Beltz Law Group
Serious Traffic Violations and Your CDL in Texas: What Every Commercial Driver Needs to Know
Ticket Defense For Commercial Drivers Texas
For commercial drivers in Texas, traffic violations carry far more severe consequences than for regular drivers. Certain offenses are classified as “serious moving violations” and can lead to the disqualification or suspension of your Commercial Driver’s License (CDL), directly impacting your livelihood. This article will shed light on the laws that define these serious violations, how they affect CDL holders, and why immediate legal action is crucial. If you’d like to discuss your traffic violations with an experienced ticket defense lawyer in Texas after reading this, feel free to contact our office at 214-321-4105.
Disqualification vs. Suspension: Understanding the Difference for CDL Holders
It’s vital for CDL holders to understand the distinction between a “disqualification” and a “suspension” of driving privileges:
- Suspension: For a regular driver’s license, a suspension means your driving privileges are temporarily withdrawn for a set period. Once that period ends and you meet reinstatement requirements, your license is typically restored. You may also be entitled to an Administrative License Revocation (ALR) hearing to contest the suspension.
- Disqualification: For a CDL, a “disqualification” means you are prohibited from driving a commercial motor vehicle (CMV) for a designated period. Historically, disqualifications often did not come with an automatic right to a hearing, meaning the action would take effect once notice was given. However, specific to traffic ticket convictions, there is a right to a hearing. If you receive notice of a CDL disqualification based on traffic ticket convictions, you should request a hearing immediately. This hearing is a crucial opportunity to challenge the basis for the disqualification.
Disqualification Periods for Traffic-Related Convictions
The Texas Transportation Code outlines the specific disqualification periods for CDL holders based on convictions for serious traffic violations and railroad grade crossing violations. These apply whether the violation occurred while operating a CMV or any other motor vehicle.
Traffic Ticket Defense Texas
Texas Transportation Code Section 522.081. DISQUALIFICATION.
(a) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle. A person who holds a commercial driver’s license or commercial learner’s permit is disqualified from driving a commercial motor vehicle for:
- (1) 60 days if convicted of:
- (A) two serious traffic violations that occur within a three-year period; or
- (B) one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing.
- (2) 120 days if convicted of:
- (A) three serious traffic violations arising from separate incidents occurring within a three-year period; or
- (B) two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period.
Key takeaways from this section:
- Cumulative Effect: Multiple serious violations or railroad crossing violations within a three-year timeframe lead to escalating disqualification periods.
- Applies to ALL Vehicles: Crucially, these disqualifications apply regardless of whether you were driving your commercial vehicle or your personal car when the violation occurred. Any conviction for a serious traffic violation impacts your CDL.
- No Deferred Disposition for CDL Holders: Unlike non-CDL drivers, CDL holders in Texas are generally not eligible for deferred disposition or to take a defensive driving course to prevent a conviction for a moving violation from appearing on their driving record. This means if you are convicted, it will be recorded and count towards potential disqualification.
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Defining “Serious Moving Violations”
The term “serious traffic violations” is specifically defined within the Texas Administrative Code, which implements the Commercial Driver’s License Act. It’s important because not every traffic ticket is considered “serious.”
Texas Administrative Code, Title 37, Part 1, Chapter 16, Rule §16.62. Serious Traffic Violations and Habitual Violators:
This rule clarifies which specific Texas Transportation Code sections are designated as “serious traffic violations” for CDL disqualification purposes. This designation helps the Department of Public Safety (DPS) administer the Commercial Driver’s License Act.
The rule states that an “improper or erratic traffic lane change” is one of the definitions of a “serious traffic violation.” Since “improper or erratic lane change” isn’t a specific offense title in Texas law, the DPS has designated the following sections of the Texas Transportation Code, Chapter 545, as constituting “improper or erratic traffic lane changes” for disqualification purposes:
- Texas Transportation Code, §545.060 – “Changed Lane When Unsafe”: This offense refers to driving as nearly as practical entirely within a single lane and not moving from that lane unless the movement can be made safely. An unsafe lane change typically involves cutting off another vehicle, failing to signal properly, or moving into insufficient space.
- Texas Transportation Code, §545.061 – “Failure to Yield Right-of-Way – Changing Lanes”: This specific violation applies on roadways with three or more one-way lanes. It requires an operator entering a lane from the right to yield to a vehicle entering the same lane from the left.
Therefore, a conviction for either of these two offenses (Texas Transportation Code §545.060 or §545.061) will be considered a “serious traffic violation” by the Texas DPS for CDL disqualification purposes.
Why You Need an Experienced CDL Ticket Attorney
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For CDL holders, a serious traffic violation is more than just a fine; it’s a direct threat to your career. The inability to use deferred disposition means that every conviction counts.
An experienced traffic ticket defense lawyer can be invaluable in these situations:
- Understanding the CDL Impact: They understand the specific federal and state regulations that govern CDLs and how convictions can lead to disqualifications.
- Challenging the Violation: They can analyze the facts of your case, identify potential defenses (e.g., challenging officer observations, disputing the “unsafe” nature of a lane change, or arguing against the applicability of the specific statute), and present a strong argument in court.
- Seeking Dismissal: The primary goal for a CDL holder is often a dismissal of the charge, as this is the only way to prevent the conviction from impacting your CDL record.
- Navigating Administrative Hearings: If a disqualification notice is issued, an attorney can help you request and represent you at the administrative hearing to contest the action.
- Protecting Your Livelihood: By minimizing or eliminating the impact of traffic violations, an attorney helps protect your driving privileges and, by extension, your career in commercial transportation.
Don’t underestimate the severity of a serious traffic violation for your CDL. Your livelihood depends on your ability to drive commercially. Contact The Beltz Law Group today at 214-321-4105 to discuss your traffic violations with an experienced ticket defense lawyer in Texas.
