Traffic Ticket Georgia Commercial Driver Lawyer

Georgia Practice Areas

Those drivers who hold Commercial Driver’s Licenses (CDL) may be subject to disqualifications of their licenses based upon Major Traffic Violations, Serious Traffic Violations, Railroad Grade Crossing Violations, and Out-of-Service Order Violations. Disqualifications will not suspend a drivers’ normal class C license, but will withdraw their commercial privileges.

Some common “Major Traffic Violations” are: DUI, Hit and Run or leaving the scene of an accident, fleeing or attempting to elude an officer, failure to report an accident, any commision of a felony while using a motor vehicle, operating a motor vehicle with a revoked, cancelled, or suspended registration, and an Administrative License Suspension resulting from an Implied Consent Refusal. Most 1st convictions result in a 1 year disqualification, but a 2nd conviction will result in a lifetime disqualification of all commercial driving privileges.

Some common “Serious Traffic Violations” are: Speeding 15 m.p.h. or more over the speed limit, Reckless Driving, improper lane change, Following Too Closely, operating a CMV without obtaining a CDL, any traffic violation in connection with a fatal accident, and a Railroad Grade Crossing Violation made in a non-commercial vehicle. A 1st conviction will result in no disqualification, a 2nd will result in a 60 day disqualification, and a 3rd or subsequent conviction will result in a 120 day disqualification.

Railroad Grade Crossing violations are codified in O.C.G.A. § 40-6-140 though § 40-6-143. These offenses include failing to slow down to chech that the tracks are clear of an approaching train, failure to stop before reaching the crossing tracks, failing to stop before driving onto the crossing, failure to leave sufficient space to drive completely through a railroad crossing without stopping, and failing to obey a traffic control device at railroad crossing, failing to negotiate a crossing because of insufficient undercarriage clearance. These offenses must occur in a CMV to result in a disqualification, and there is a 3 year lookback period. A 1st conviction will result in a 60 day disqualification, a 2nd will result in a 120 disqualification, and a 3rd or subsequent conviction will result in a 1 year disqualification.

Out of Service Orders are temporary withdrawals of the privilege to operate a CMV. It may be imposed against the driver or the vehicle. An out of service order against a driver for an hours service violation is in place for 8 hours. An out of service order against a driver for having any measurable amount of alcohol in his or her system is in place for 24 hours. These offenses must occur in a CMV to result in a disqualification, and there is a 10 year lookback period. A 1st conviction will result in a 180 day disqualification, a 2nd conviction will result in a 2 year disqualification (3 years if carrying hazardous waste or operating vehicle designed to transport 16 or more passengers), and a 3rd or subsequent conviction will result in a 3 year disqualification.