Commercial Driver's License Violations

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Georgia law impacts commercial drivers (CDL holders) to a much higher standard than regular licensees, and the consequences imposed are significantly higher. For example, one or two minor traffic tickets may result only in license points for a regular licensee, but for a CDL holder it may trigger a license suspension. This can result in lost employment opportunities and the inability to work. Offenses that cause commercial disqualification are divided into four distinct categories: 

A first conviction of a major offense results in a one year disqualification of all commercial driving privileges, and a second results in a lifetime disqualification of all commercial driving privileges. Major violations include: 

• Failure to report an accident
• Vehicular homicide 
• Driving a CMV while CDL is suspended or disqualified 
• DUI or BAC greater than 0.04 when operating a CMV
• Driving under the influence of a controlled substance 
• Refusing field sobriety test
• Committing a felony with a vehicle 

Georgia commercial drivers can have their license suspended for 60 days if convicted of two serious traffic violations within a three-year period. A third conviction results in a 120 day license suspension, even if it occurs in a personal vehicle. Serious traffic violations include:

• Speeding greater than 15 MPH over the limit 
• Reckless driving
•  Improper lane change
• Following too closely 
• Operating a CMV without a CDL of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported. 
• Use of a wireless telecommunications device while driving a CMV

A disqualification for a conviction of these offenses will be imposed when they occur as separate incidents within a three-year period, measured from the date of conviction. The disqualification period ranges from 60 days to one year.  

 An out-of-service order is a temporary withdrawal of the privilege to operate a CMV. It may be imposed against either the driver or the vehicle. Disqualifications for violating an out-of-service order will be applied when they occur within a 10-year period as measured from the violations dates for which the convictions were obtained. By definition this offense must occur in a CMV 

In light of the high stakes for commercial drivers (CDL holders), we recommend that you contact a traffic ticket attorney immediately. We offer free case assessments and consultations. Please contact us to see how we can help.