A driver could lose their CDL in New Mexico if they are guilty of committing major offenses, serious traffic violations, railroad-highway grade crossing offenses, and violations of out-of-service orders. These violations could result in a suspension, revocation, cancellation, or disqualification of a holder’s CDL.
CDL defense attorney, Marc A. Grano, shares common reasons for losing a CDL in New Mexico and what to do if you think yours is at risk. Grano Law Offices, P.C. wrote this post to help drivers understand and protect their legal rights.
4 Reasons that Cause a Driver to Lose Their CDL in New Mexico
For several reasons, CDL holders could lose their privileges under federal and state laws. They could face legal consequences and lose their ability to work a job that pays for household bills, retirement, and health insurance. Plus, they must meet employer notification deadlines and requirements, potentially causing reputational damage and personal embarrassment.
Here is a breakdown of each type of offense:
Reason #1. Major Offenses
Major offenses include any of the following acts:
- A conviction for Driving under the influence of alcohol or drugs
- operating a CMV.
- Possessing a blood alcohol content (BAC) of .02 percent or greater is less than 21 years of age.
- Refusing to take an alcohol test as required under the Implied Consent Act
- Leaving the scene of an accident
- Using a motor vehicle to commit a felony
- Driving on a revoked, suspended, canceled, or disqualified CDL
- Causing a death through negligence
- Committing a felony with a CMV involving a controlled substance
The following disqualification periods could apply to any of the above-referenced violations:
- 1st violation: One year (Three years if transporting hazardous materials at the time)
- 2nd violation: Lifetime disqualification
- Any controlled substance CMV felony: Mandatory lifetime disqualification
In addition to the disqualification periods listed above, CDL holders convicted of major offenses may face penalties, such as fines, imprisonment, and increased insurance rates. CDL holders need to be aware of the major offenses and the consequences of being convicted of one. By understanding the risks, CDL holders can take steps to avoid committing major offenses and protect their CDLs.
Reason #2. Serious Traffic Violations
New Mexico defines serious traffic violations for CDL holders under NMSA § 66-5-54. This section states that a serious traffic violation is any violation of the New Mexico Traffic Code or the Federal Motor Carrier Safety Regulations (FMCSRs) that includes the following:
- Speeding excessively (15 or more miles above the posted speed limit)
- Driving recklessly
- Making improper or erratic traffic lane changes
- Following the vehicle ahead too closely
- Violating motor vehicle traffic laws during a fatal accident.
- Driving a CMV without obtaining a CDL
- Driving a CMV without the proper class license and/or endorsements
- Violating texting or mobile telephone laws while driving a CMV
You will face CDL loss for the following periods if convicted of a serious traffic violation:
- 2nd violation (within three years): 60 days
- 3rd violation (within three years): 120 days
It is important to note that the New Mexico Motor Vehicle Division (MVD) can determine whether a traffic violation is considered serious. This means that even if a traffic violation is not listed explicitly, the MVD could still consider it serious if it believes that the violation posed a significant safety risk.
Reason #3. Railroad Crossing Violations
Examples of railroad-highway grade crossing violations include:
- Not checking that the tracks are clear
- Failing to stop
- Driving across the tracks when space is insufficient
- Crossing tracks when you don’t have adequate clearance
You face the following CDL disqualification penalties for railroad crossing violations:
- 1st violation: At least 60 days
- 2nd violation within three years: At least 120 days
- 3rd violation and any subsequent violations within three years: At least one year
Reason #4. Out-of-Service Violations
The New Mexico Motor Vehicle Division (MVD) defines out-of-service violations as any violation of the Federal Motor Carrier Safety Regulations (FMCSRs) that renders a commercial motor vehicle (CMV), or a commercial driver (CDL holder) unfit to operate safely. Law enforcement officers, MVD inspectors, or other authorized personnel can issue out-of-service violations.
If you violate an out-of-service order, you can lose your CDL privileges for the following periods under NMSA § 66-5-71:
- Offense #1: At least ninety days
- Offense #2 (within ten years): At least one year and up to five years
- Offense #3 (within ten years): At least three years and up to five years
If a CMV is out of service, it is illegal to operate the vehicle until the violation is corrected. Out-of-service violations can be costly and time-consuming to resolve, so it is vital to take steps to avoid them in the first place.
What to Do If You Think You Might Lose Your CDL in New Mexico
A CDL is a commercial driver’s livelihood. As such, protecting your livelihood from suspension or revocation is critical. Several things can put your CDL at risk, including traffic violations, drug and alcohol offenses, and medical conditions. If you might face CDL suspension or revocation, act as soon as possible.
Here are some things you can do to get started on protecting your license:
- Step #1. Contact a CDL defense attorney. A CDL defense law firm, such as Grano Law Offices, P.C., will help you understand your many rights and potential options, and we can develop a strategy to defend your privileges.
- Step #2. Preserve evidence. If you have evidence that could help your case, such as witness statements or dashcam footage, preserve it as soon as possible.
- Step #3. Follow your lawyer’s advice. Ensure you follow your lawyer’s advice. Our legal advice supports your chosen strategy, so it is critical to take it to heart.
If you face a CDL suspension or revocation, remember that you have legal rights and obligations. However, you also have the right to be represented by a lawyer and the right to a fair trial. You do not have to fight this matter alone or accept responsibility for a violation you did not commit.
Call Us for Your Free Case Strategy Session
Contact Grano Law Offices, P.C. if you are worried about losing your commercial driver’s license and think you might need legal representation in northern or central New Mexico. Schedule your Free Case Strategy Session with Marc Grano today at (505) 426-8711 for an in-person, telephone, or virtual visit.
