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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I have a court date coming up for driving cmv with out cdl

Customer Question

I have a court date coming up for driving cmv with out cdl and no insurance at the time just wondering if its jail time don't want to lose my job
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: I went to court once and they gave me 2 months to get my cdl and haven't got It yet I go back to court in a couple of days
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was just driving the box truck I needed a job at the time didn't know I needed a cdl I don't even drive cmv just that one time
Submitted: 10 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 10 months ago.

Thank you for your patience.

The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The statute says that no person shall drive a commercial motor vehicle on the highways without a CDL in the driver’s possession, or having obtained a CDL, or the proper class of CDL or endorsements for both the specific vehicle being operated or for the passengers or type of cargo being transported. Section 5/6-507(a)(1)-(3).

State law provides that a violation of this statute is a Class A misdemeanor offense for which the maximum penalty can be this up to one year in jail and a fine of $2500.

While jail time may be imposed, it is not mandatory that they do so, and I think it is far more likely that you would get a fine. However, you would also have a misdemeanor conviction on your record, which can show up on background checks for things like housing and employment, which obviously can hurt you.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Customer: replied 10 months ago.
Thanks for the info I forgot to mention when I got pulled over the officer gave me an I bond what's that for never had one
Expert:  RobertJDFL replied 10 months ago.

I-Bonds” are “Personal recognizance bonds” which mean you pay nothing, but the Sheriff can collect the full bail if you don’t come to court after they arrest you for not showing up and the judge orders that you forfeit the bail.

Expert:  RobertJDFL replied 10 months ago.

So, it costs you nothing to get out of jail, but if you were to fail to show up to court, you would end up owing whatever amount of bail was assigned as a penalty, to put it another way.

Customer: replied 10 months ago.
Ok I thought I had to pay something so it basically depends on the judge's mood if I go to jail or not
Expert:  RobertJDFL replied 10 months ago.

Well, not really their mood. Some judges may be more strict than others, but judges look at a number of factors, such as what your prior record is like, if any, and whether you took responsibility for what happened. Someone with no record will obviously look better to a judge than a person who has a long criminal history. I think the fact that the court was giving you the opportunity to give you a CDL shows that they don't want to throw the book at you, so to speak.

Expert:  RobertJDFL replied 10 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLYand I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page. Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.