Protecting Your Commercial Driver’s License, Career, and Future

As a Florida criminal defense lawyer who has defended countless commercial drivers, I understand that for you, a speeding ticket is more than just a fine. For a CDL holder, it can threaten your livelihood, your reputation, and your ability to keep driving commercially. Unlike non-commercial drivers, you operate under stricter state and federal standards, and the consequences of a speeding conviction follow you far beyond the courthouse.

When you are a professional driver, your CDL is your lifeline. Florida law imposes severe penalties for speeding, and federal regulations through the Federal Motor Carrier Safety Administration (FMCSA) can compound those penalties. This is why it is critical to fight every citation, even if you believe the fine is minor. I have seen drivers lose their jobs, insurance coverage, and future earning potential because of a single traffic conviction they thought was “no big deal.”

Florida’s Law on Speeding for CDL Holders

Florida Statute §316.183 states:

“No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance.”

The statute then sets maximum speed limits for different types of roads. For commercial drivers, this law applies the same as it does to non-commercial drivers, but the FMCSA imposes an extra layer of punishment.

If you are caught driving 15 mph or more over the posted limit in a commercial motor vehicle, FMCSA considers it a “serious traffic violation.” Under 49 CFR §383.51, two such violations within three years can result in a 60-day CDL disqualification. Three such violations in the same period can lead to a 120-day disqualification.

That means even if you keep your personal driver’s license, you can still lose your ability to work. This is one of the main reasons I tell every CDL client: Do not simply pay the ticket. Paying is the same as admitting guilt, and that conviction will go straight to your CDL record.

Additional Florida CDL Rules You Must Know

Florida Statute §322.61 makes it clear that certain traffic violations in a commercial vehicle are taken much more seriously. It states:

“A person who has been convicted of two serious traffic violations, in separate incidents, within a 3-year period, while operating a commercial motor vehicle shall, for a period of 60 days, be disqualified from operating a commercial motor vehicle.”

It goes further to define “serious traffic violation” to include excessive speeding (15 mph or more over), reckless driving, improper lane changes, following too closely, and violations involving a fatal accident.

Unlike a regular driver, you do not get the option of withholding adjudication to avoid points on your record for CDL-related offenses. Florida Statute §318.14(9) specifically prohibits CDL holders from entering into certain diversion programs or plea agreements that non-commercial drivers often use to avoid points.

Why Fighting the Ticket Matters

If you get a speeding ticket while holding a CDL, it is not just a matter of paying a fine. You are risking:

  • Loss of your job if your employer has a zero-tolerance policy.
  • Increased insurance premiums for your employer’s fleet, making you a less attractive hire.
  • Federal disqualification periods prevent you from working in the industry.
  • A permanent mark on your CDL record that can follow you nationwide.

When I represent CDL drivers, I aim to either get the charge reduced to a non-moving violation, dismissed entirely, or at least amended so it is not classified as a “serious traffic violation” under FMCSA rules. Each of these outcomes can mean the difference between continuing your career and being sidelined for months.

Defenses That May Apply to CDL Speeding Cases

As your attorney, I start by looking at the circumstances of the stop, the accuracy of the speed measurement, and the officer’s procedures. Common defenses include:

  • Challenging Radar or Lidar Accuracy: Florida law under Florida Administrative Code Rule 15B-2.013requires that radar devices be tested for accuracy before and after each shift. If the officer failed to document this, the reading may be invalid.
  • Visual Estimation Alone: Some tickets are issued based solely on the officer’s visual estimation of speed, which is far less reliable than actual instrument readings.
  • Improper Speed Limit Signage: If signs were missing, obstructed, or not compliant with the Manual on Uniform Traffic Control Devices, the posted speed limit may not be enforceable.
  • Necessity or Safety Reasons: In rare cases, speeding can be defended if it was necessary to avoid a greater danger.

In court, presenting these defenses requires precision. A CDL case is never just about the ticket—it is about protecting your ability to work. That is why trying to handle it yourself or simply paying the fine is a costly mistake.

Real Case Example: How We Saved a Client’s CDL

One of my CDL clients was ticketed for driving 18 mph over the posted limit on I-75 while hauling freight. The trooper issued the citation using a radar gun, but during my investigation, I discovered the radar unit had not been calibrated according to state regulations that day. I filed a motion to suppress the speed evidence, and the court granted it.

With the radar reading excluded, the prosecutor could not prove the case beyond a reasonable doubt. The citation was dismissed, my client’s CDL remained intact, and he was back on the road without any suspension or employer penalties.

Without legal representation, he would have likely paid the fine, triggered a “serious traffic violation” designation, and risked a 60-day CDL suspension if he had another violation within three years.

Why You Need a Private Attorney for a CDL Speeding Ticket

Public defenders do not handle traffic court, and CDL cases require a strategic approach that considers both Florida statutes and FMCSA regulations. A private attorney can:

  • Negotiate directly with prosecutors for reduced charges.
  • File legal motions to exclude improperly obtained evidence.
  • Appear in court on your behalf in most cases, so you do not miss work.
  • Protect your driving record from points and “serious traffic violation” designations.

Every section of the law that applies to CDL holders is designed to protect public safety, but these same laws can end careers for good drivers who make a single mistake. My role is to ensure that one incident does not destroy your livelihood.

Federal Consequences Beyond Florida

Even if your CDL ticket is issued in Florida, it is reported to the Commercial Driver’s License Information System (CDLIS). This means the violation follows you to every other state. If you apply for a CDL job in another state, that ticket will be visible to your new employer and their insurance company.

FMCSA regulations also require your employer to be notified of any moving violation in any vehicle, commercial or personal, within 30 days. Failing to do so can itself be a violation that costs you your job.

This interconnected system means you cannot outrun a Florida speeding conviction by switching states—it will find you.

How I Approach CDL Speeding Defense

When I take on a CDL speeding case, my process is deliberate and aggressive. I obtain all discovery, including radar/lidar calibration logs, dashcam or bodycam footage, and the officer’s notes. I analyze the location of the stop to determine if the signage meets legal standards. I review your driving record to assess whether plea negotiations might be the best route or if a trial is warranted.

The end goal is always the same—protect your CDL and your career.

Florida Speeding Ticket Frequently Asked Questions


What happens if I just pay the speeding ticket?

Paying a CDL speeding ticket is the same as admitting guilt. It results in a conviction that is reported to the FMCSA and can trigger “serious traffic violation” status if the speed was 15 mph or more over the limit. This can lead to a CDL suspension after repeat offenses.

Can I get a CDL speeding ticket reduced to a non-moving violation?

Yes, in many cases, I can negotiate with the prosecutor to amend the charge to something that does not add points to your CDL record or count as a serious traffic violation. This is not guaranteed, and it depends on the facts of your case and your driving history.

Will my employer find out about the ticket?

Yes, FMCSA rules require CDL holders to notify their employer within 30 days of any traffic conviction, even in yourpersonal vehicle. Failing to do so can result in penalties from both your employer and the state.

Can I keep driving while my case is pending?

In most cases, yes. Unless you are already under suspension for another reason, you can continue driving until the court resolves your case. The key is to fight the ticket before it turns into a conviction that impacts your CDL.

Are radar and lidar readings always accurate?

No. Florida law requires regular calibration and testing. If the officer failed to follow these procedures, the reading may be challenged in court, which can lead to dismissal.

What if I got the ticket in my personal vehicle?

Even if the ticket was issued while driving a personal car, it can still impact your CDL if it qualifies as a serious traffic violation. The FMCSA applies these rules to all vehicles driven by CDL holders.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced Florida speeding ticket defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.