Georgia State CDL Violations And Suspensions
Georgia holds CDL holders to a much higher standard than other drivers due to the increased safety risks of driving large trucks and other commercial motor vehicles. A commercial driver's license can be suspended for as little as one or two minor traffic violations while driving a private vehicle. A commercial driver may be passed over if they have one or more violations on their driving record.
Georgia CDL Violations
Georgia commercial driver's license (CDL) holders can be fined, have points assessed against their license, or even be sentenced to jail for moving violations. These penalties are available regardless of whether the CDL holder was driving a commercial vehicle at the time of the violation or whether the violation occurred outside the state.
Traffic Violations
According to CDL law, a major violation in Georgia results in a one-year suspension of your CDL on the first offense and a permanent commercial driver's license disqualification on the second offense. Among the major violations are:
- DUI or a BAC of more than 0.04 while operating a commercial vehicle
- Driving while impaired by a controlled substance
- Refusing a field sobriety test or blood alcohol testing
- Leaving the scene of a collision involving a commercial motor vehicle (commercial motor vehicle)
- Using a vehicle to commit a felony
- Driving while your CDL is suspended or revoked
- causing a fatality as a result of careless driving
- Driving a CMV (commercial motor vehicle) while intoxicated
Serious Traffic Violations
Receiving two serious traffic violations in three years while driving a commercial vehicle can result in a 60-day suspension, and a third within three years results in a 120-day suspension. Serious traffic offenses include:
- Exceeding the posted speed limit by more than 15 mph
- Unsafe driving
- Incorrect lane changes
- Too close attention
- A violation that results in a fatal accident
- Lack of a valid CDL for the type of vehicle being driven
If you have a commercial driver's license and receive a ticket in Georgia for any of the following violations, Georgia Traffic Lawyers can assist you in fighting/fixing the ticket! We have successfully resolved hundreds of tickets for commercial drivers, protecting valuable driving histories and preventing heavy points and suspension of commercial driver's licenses.
- Driving too fast (15 mph or more above the posted limit)
- Violations of Georgia Super Speeder Laws
- Too close attention
- Driving Carelessly or Recklessly
- In the Wrong Lane
- Overweight
- Disobeying traffic control devices
- Failure to halt
- Unlawful Turn
- Equipment
- Off the Truck Route
- Incorrect lane changes
- Driving a commercial vehicle without a CDL is illegal.
- Inconsiderate driving
- Driving a truck without the necessary endorsement
Many violations have potential defenses or can be reduced to a type of violation that does not result in a CDL suspension. Because your CDL is your livelihood, our CDL Defense team will work tirelessly to ensure that you receive the best possible outcome for your violation. A Georgia CDL traffic violations lawyer can often handle this without you having to miss work to travel to a distant courthouse, especially if your CDL is from a state other than Georgia.
Moving Violations
Speeding and failing to stop are both considered moving violations in Georgia. The state is unique in that speeding fines are set by the county court with jurisdiction over the ticket, rather than the Department of Motor Vehicles (DMV). However, the state's statutes, Chapter 40 section 6-181, establish an additional fine of $200 for any ticket in which the driver exceeded 75-85 miles per hour, depending on the type of road on which he was traveling. These penalties apply to CDL holders regardless of whether the commercial vehicle was towing a trailer at the offense. Contact your local county court to find out about the speeding fines levied against CDL holders.
The DMV can dock a CDL several points for speeding and failing to stop despite not imposing fines. Two points are usually assessed for exceeding the speed limit by one to ten miles per hour. A total of six points can be deducted. A CDL holder's license may also be suspended if they have multiple moving violations within three years. A three-year CDL suspension is imposed for two or more violations within three years. CDL holders who are towing hazardous materials at their offense face a three-year license suspension.
CDL-Specific Violations
In Georgia, being overweight, failing to record all necessary information in a logbook, violating grade restrictions, and lane violations are all CDL violations. Again, the county court determines the specific fine for each violation, but fines generally range from $75 to $150. Points may also be deducted from the CDL.
DUI Violations
Georgia CDL holders face additional penalties for a first or second DUI and the standard penalties. A first DUI in the state carries a fine of $300 to $1,000, depending on the court's discretion, attendance at a state risk reduction program, 40 hours of community service, and up to one year in prison. A second offense carries a fine of $600 to $1,000, a clinical evaluation to determine whether alcohol treatment is required, and a minimum of 72 hours in jail.
On the other hand, CDL holders have their licenses suspended for a first DUI and revoked for life for a second DUI. Georgia allows CDL holders who have had their license revoked for life to have the revocation reduced to 10 years if they can demonstrate to the DMV that they have been rehabilitated.
Georgia CDL Disqualifications And Suspensions
If convicted of two serious traffic violations within three years, an individual is barred from operating a commercial vehicle for at least 60 days. For three serious traffic violations accumulated over three years, whether in a commercial or non-commercial vehicle, an individual is barred from driving a commercial vehicle for 120 days.
Federal regulations and Georgia state law established commercial driver's license disqualifications. For a first violation conviction, any individual is barred from operating a commercial vehicle for a minimum of one year, including:
- Any of the OCGA 40-5-54 mandatory suspendable offenses (for both commercial & non-commercial vehicles)
- The violation of OCGA 40-6-271 is striking an unattended vehicle and failing to report the collision.
- The violation of OCGA 40-6-272 is striking a fixed object and failing to report the collision.
- In violation of 40-6-273, failing to report an accident.
- Operating a moving commercial vehicle while a person's blood-alcohol level is.04 percent or higher by weight
- Driving under the influence of alcohol or drugs while operating a commercial or non-commercial vehicle
- Refusing to take a breath, blood, or urine test to determine whether you are under the influence of alcohol or drugs
Any conviction of two or more of the above offenses within five years will result in the loss of a commercial vehicle license for life. Any individual with a CDL license who is convicted of operating a commercial vehicle in the commission of a felony is disqualified for three years, and any commercial driver who is convicted of operating a commercial vehicle in the commission of a felony relating to the manufacture or distribution of illegal drugs is disqualified for life. A limited permit is not available for using a commercial vehicle, and a no-contest plea will not be accepted for any commercial vehicle conviction. Serious traffic violations committed while driving a commercial or non-commercial vehicle include:
- Driving too fast (15 miles per hour or more over the speed limit)
- Driving recklessly
- Too much tailing or following
- Incorrect lane change
- Violations of motor vehicle traffic control directly related to a fatal accident (excludes parking, weight, length, height & vehicle defect infractions)
- Infringing on a railroad crossing
- Operating a commercial vehicle without a commercial driver's license
- Operating a commercial vehicle without immediate possession of a valid CDL
- Operating a commercial vehicle without a valid CDL class