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CDL-CMV Disqualifications in West Virginia
Identifications and explanations of traffic violations and what effects they will have on a driver’s privilege to operate a commercial motor vehicle.
→Disqualification = a driver may not operate a CMV
→Suspension or revocation = a driver may not operate any vehicle, passenger or CMV
- Reckless driving
- Passing violations
- Driving a CMV without having a Commercial Driver’s License (CDL)*
- Driving a CMV without your CDL in your possession
- Driving a CMV without the proper CDL endorsement or class
- Excessive speeding (15 mph or more over the posted speed limit)
- Improperly changing lanes
- Following another vehicle too closely
- Traffic violations resulting from a fatal accident
*Comes with a mandatory 60-day suspension of all legal ability to drive for any offense
A second offense in three years results in a 60-day disqualification (suspension, revocation, or cancellation). A third offense in three years raises that to 120 days of disqualification.
60-Day Suspension- Driving a CMV without the proper CDL endorsement or class*
- Driving a CMV without having a Commercial Driver’s License (CDL)*
- Driving/operating a CMV while your license is disqualified**
- Driving/operating a CMV while suspended, disqualified, or revoked, not DUI-related**
*Also constitutes a serious violation and requires the period of disqualification indicated in that section.
**Also constitutes a major violation and requires the period of disqualification indicated in that section.
- Admin Per Se (ADM PER SE) 0.08 CMV/CDL
- ADM PER SE 0.10 CMV/CDL
- ADM PER SE .04-CMV
- Driving Under the Influence (DUI)
- DUI with a controlled substance
- DUI with a refusal to submit to a breathalyzer
- Using a vehicle to commit a crime at the felony level that is not drug-related
- Leaving the scene
- Negligent homicide
- Driving a CMV while canceled, revoked, suspended, or otherwise disqualified for an offense you committed while driving/operating a CMV
- Fatality you caused by negligently operating your CMV
The violations listed in this section can also cause a revocation or suspension of all legal ability to drive.
A first offense comes with a one-year disqualification if it was committed while driving/operating a CMV or a three-year disqualification if it was committed while driving/operating a CMV carrying hazardous materials (Hazmat).
A second, third, or subsequent offense comes with a lifetime disqualification if it was committed while driving/operating a CMV.
Major Violations—CMV & CDL- Using a vehicle while committing a felony that involves the dispensing, distribution, or manufacture of any controlled substance
Any offense of this nature, first or otherwise, results in a disqualification for life if it was committed by the holder of a CDL in any personal vehicle, or while driving a CMV.
Major Violations—CDL- Leaving the scene
- Using a vehicle to commit a non-drug-related felony
- DUI
- DUI with a controlled substance
A first offense results in a disqualification for one year. A second, third, or subsequent offense results in a disqualification for life if it’s committed by a person holding a CDL in any personal vehicle. This disqualification is added on to any revocation already given because of a conviction for the same offense.
Out-of-Service Violations/Non-Hazmat—CMV Only- First offense results in a disqualification for 90 days
- Second offense in ten years results in a disqualification for one year
- Third or subsequent offense in ten years results in a disqualification for three years
- First offense results in a disqualification for 180 days
- Second offense in ten years results in a disqualification for three years
- Third or subsequent offense in ten years results in a disqualification for three years
- Failing to slow at railroad tracks
- Failing to stop when required
- Not enough clearance
- Failing to obey railroad control device
- Failing to stop when the tracks are not clear
- Not enough space to cross the tracks
- Not enough undercarriage to cross the tracks
A first offense results in a disqualification of 60 days if it was committed while driving a CMV. A second offense in a period of three years results in a disqualification of 120 days. A third or subsequent offense results in a disqualification of one year.
For more information, or to obtain a free consultation, call Sean Logue at Logue Law Group. 844.PITT.DUI or 844.PITT.DUI. You may contact us online here. Logue Law Group serves Pittsburgh, PA, West Virginia, and Ohio.