I have a CDL and got a traffic ticket, what do I do now?

Are you a Commercial Driver’s License (CDL) holder who has recently received a traffic ticket in Georgia? If so, you may be wondering what comes next.

How does Georgia define a major traffic violation for CDL holders? What counts as a serious traffic violation? How are out-of-service order violations and railroad grade crossing violations treated? And what about the reinstatement of your CDL after a lifetime disqualification? Are CDL holders treated differently by the courts than regular license holders? How many points can you accumulate on your CDL before it becomes a problem?

These are all valid questions, and in this blog post, we aim to provide clear, concise answers to each of them.

Read on to learn more about the implications of traffic tickets for CDL holders in Georgia and how you can navigate the process.

Here’s what we’ll look at today:

What is considered a major traffic violation for a Georgia CDL?
What is a serious traffic violation for CDL holders in Georgia?
Out-of-service order violations for Georgia CDLs
Railroad grade crossing violations in Georgia for CLD holders
How can I reinstate my CDL after a lifetime disqualification?
Do courts treat CDL holders any differently than regular license holders?
How many points can a CDL driver have in Georgia?

What is considered a major traffic violation for a Georgia CDL?

Understanding Major Traffic Violations for CDL Holders in Georgia

If you’re a Commercial Driver’s License (CDL) holder operating in Georgia, understanding what constitutes a major traffic violation is essential. Not only can these violations lead to hefty fines and penalties, but they can also result in the disqualification of your CDL privileges, impacting your livelihood. In this section, we’ll delve into what is considered a major traffic violation for CDL purposes in Georgia and discuss the potential consequences if you are convicted.

What Is Considered a Major Traffic Violation?

Major traffic violations in Georgia encompass a range of offenses that are considered severe due to their potential to cause harm or danger on the roads.

If convicted, it doesn’t matter if you were in a CMV or non-CMV for the underlying offense (unless otherwise noted), or, if you were in Georgia or another state when the offense occurred.

These major traffic violations include:

Driving Under Influence (DUI): Operating any vehicle – commercial or personal – with a Blood Alcohol Concentration (BAC) of 0.08% or higher is a major offense. For commercial drivers, the limit is even lower, at 0.04%.
Hit and Run or Leaving the Scene of an Accident: defined as a motorist hitting another person, occupied vehicle, or bicyclist and leaving the scene without providing their name, address, and vehicle information. Serious legal consequences, including license suspension and jail time, can follow if the driver doesn’t stop at or return immediately to the scene.
Failure to Report Striking an Unattended Vehicle: occurs when a driver hits a vehicle with no one inside and neglects to leave their contact information or report the incident to the appropriate authorities.
Failure to Report Striking a Fixed Object: where a driver hits a stationary object like a mailbox or lamppost and doesn’t leave their contact information or report the incident promptly to law enforcement.
Failure to Report an Accident: a driver being involved in a vehicular accident and not promptly notifying the relevant authorities about the incident.
Any Felony in the Commission of which a Motor Vehicle is Used: any Georgia felony offense where a motor vehicle is used.
Homicide by Vehicle: also known as vehicular homicide, it is the unlawful killing of another person due to negligent or reckless operation of a vehicle.
Driving a CMV when your CDL or commercial driving privilege is revoked, suspended, canceled, or disqualified: if you are not authorized to drive a CMV and you do, you’ll lose your CDL for even longer.
Using a motor vehicle in a felony involving the manufacturing, distributing, trafficking, or dispensing of a controlled substance: this specific subset comes with extra harsh punishment.
Using a CMV in the commission of an offense of trafficking an individual for labor servitude or sexual servitude: disqualification for such individuals.
Racing on the Streets and Highways: the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, essentially participating in a speed or acceleration competition on public roads.
Using a motor vehicle in attempting to flee or elude an officer: the act of intentionally operating a vehicle to escape or attempt to escape from a law enforcement officer who is pursuing the driver in an official capacity.
Operating a motor vehicle with a revoked, canceled, or suspended registration: a traffic offense that involves driving a vehicle while its registration status has been officially revoked, canceled, or suspended by the authorities.
Fraudulent or fictitious use of or application for a license, making false statements or committing fraud during a driver’s license examination: a traffic offense that involves using deceptive means, making false statements, or committing fraud while applying for a driver’s license or during the driver’s license examination process.
Theft of a CMV or of the cargo contained thereon or therein: a traffic offense that involves unlawfully taking possession of a commercial motor vehicle or its cargo without the consent of the owner or authorized person.
Refusing a Field Sobriety Test: Declining an alcohol blood testing or field sobriety test when requested by a law enforcement officer is a major violation.

Consequences of Conviction

The consequences of being convicted of a major traffic violation as a CDL holder in Georgia are severe. Here’s what you could face:

Immediate Lifetime Disqualification

If convicted of using a motor vehicle in the commission of a felony involving the manufacturing, distributing, trafficking, or dispensing of a controlled substance, you will receive a lifetime disqualification of all your commercial driving privileges that cannot be shortened or otherwise reduced. This is the harshest punishment of all the major traffic offenses.

3-Year Disqualification

If you get a first conviction of any of the offenses listed above, and the offense occurred in a CMV that was transporting quantities of hazardous material sufficient to require a placard, then you receive an immediate three-year disqualification of your commercial driving privileges.

1-Year Disqualification or Lifetime Disqualification

For the rest of the offenses, if you get a first conviction, then your commercial driving privileges will be disqualified for one year.

If you get a second conviction, then you will receive a lifetime disqualification of all commercial driving privileges.

Other Consequences

License Suspension: In addition to disqualification of your CDL, your regular license could also face suspension, depending on the charges.
Fines and Penalties: Along with license suspension, you may also be subjected to substantial fines, depending on the severity of the violation.
Points on Your License: Each violation could add points to your driving record. Accumulating too many points can lead to further penalties or even another suspension period of your license.
Increased Insurance Premiums: After a conviction for a major traffic violation, insurance companies view you as a high-risk driver, leading to increased insurance premiums.
Loss of Employment: Many employers have strict policies against major traffic violations, and a conviction could cost you your job.

Seek Counsel

As a CDL holder in Georgia, it’s crucial to understand what constitutes a major traffic violation and the potential ramifications of a conviction. If you find yourself faced with a traffic violation, seek legal advice immediately to understand your rights and options.

Remember, safe driving practices are not only beneficial for maintaining your CDL and employment but also crucial for the safety of all road users. Stay informed, stay safe, and keep Georgia’s roads safer for everyone.

What is a serious traffic violation for CDL holders in Georgia?

In Georgia, serious traffic violations for Commercial Driver’s License (CDL) holders encompass a range of offenses that are considered severe due to their potential to cause harm or danger on the roads.

This will affect your ability to operate a CMV, regardless of your current license class. And they count when committed in a CMV, unless otherwise stated.

List of Serious Traffic Violations for CDLs

These serious violations are:

Speeding: Traveling at a speed greater than 15 miles per hour over the posted limit is considered a serious traffic violation.
Reckless Driving: This includes any driving behavior that displays a willful or wanton disregard for safety, such as excessive speeding, tailgating, or making dangerous passes.
Improper Lane Changes: This refers to changing lanes without signaling or in an unsafe manner.
Following Too Closely: This means that the driver was not maintaining a safe distance from the vehicle in front.
Fatal Accidents: Any traffic violation in connection with a fatal accident (excluding Homicide by Vehicle as defined in Major Traffic Violations).
Violation of Railroad Grade Crossing Laws: Failure to stop when required at a railroad crossing or failure to slow down and check that the tracks are clear of an approaching train. Counts if committed in a non-CMV.
Illegal Operation of a CMV: Includes operating a CMV without obtaining a CDL; operating a CMV without a CDL in the driver’s immediate possession; 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.
Out-Of-State Equivalents: Any of the above offenses or their equivalents in other states or territories of the US or foreign jurisdictions.

Consequences of Conviction for Serious Traffic Violations

The consequences of a conviction for a serious traffic violation in Georgia are significant and can include:

License Disqualification: If you commit two serious traffic violations within a three-year period, you’ll face a disqualification of your CDL for at least 60 days. If you commit three or more serious traffic violations within the same period, the disqualification period increases to at least 120 days.
Fines and Penalties: Along with license disqualification, you may also be subjected to substantial fines and court fees based on the underlying charges.
Increased Insurance Premiums: A conviction for a serious traffic violation can lead to increased insurance premiums as insurance companies may view you as a high-risk driver.
Impact on Employment: Many employers have policies against serious traffic violations, and a conviction could impact your current employment or future job opportunities.

Get Legal Help

If you’re a CDL holder charged with a serious traffic violation in Georgia, it’s advisable to seek legal counsel immediately to understand your rights and potential defenses. Don’t just enter a plea without researching your rights, first.

Out-of-service order violations for Georgia CDLs

Navigating Out-of-Service Violations for Georgia CDL Holders

As a Commercial Driver’s License (CDL) holder in Georgia, you are expected to adhere to a myriad of rules and regulations while operating your vehicle.

One violation that can have serious implications is an out-of-service violation. In this section, let’s check out what constitutes an out-of-service violation for Georgia CDL holders and explore the penalties that come with these violations.

What Is an Out-of-Service Violation?

An out-of-service violation occurs when a driver or vehicle is declared “out of service” by a transportation enforcement officer but continues to operate. This declaration can be due to a variety of reasons, including equipment failure, over hours of service, or even driver impairment. Here are some instances that can lead to an out-of-service order:

Equipment Failure: If a vehicle is found to have faulty brakes, steering components, or other essential parts during a safety inspection, it can be placed out of service until repairs are made.
Hours of Service Violation: Drivers who exceed their regulated hours of service without taking the required breaks can be placed out of service.
Driver Impairment: If a driver is suspected of being under the influence of alcohol or drugs, they can be placed out of service.

Penalties for Out-of-Service Violations

The penalties for violating an out-of-service order in Georgia can be severe and include:

License Disqualification: The first violation of an out-of-service order results in a disqualification of your CDL for a minimum period of 180 days. A second violation within a ten-year period increases the disqualification period to a minimum of two years.
Fines and Penalties: Along with license disqualification, you may also face hefty fines.
Impact on Employment: Violating an out-of-service order can lead to job loss as many employers have strict policies against such violations.
Increased Insurance Premiums: Convictions for out-of-service violations can lead to increased insurance premiums, as insurance companies may see you as a high-risk driver.

Be Informed

Understanding what constitutes an out-of-service violation and the associated penalties is crucial for CDL holders in Georgia. Adherence to regulations not only ensures your safety and the safety of others on the road, but it also protects your livelihood. If you find yourself facing an out-of-service violation, seeking immediate legal counsel can help you understand your rights and potential defenses. Stay safe, stay informed, and keep Georgia’s roads safer for everyone.

Railroad grade crossing violations in Georgia for CLD holders

Operating a commercial vehicle requires a heightened level of responsibility and adherence to traffic laws, especially when it comes to railroad grade crossings. Here, we’ll discuss what constitutes a railroad grade crossing violation in Georgia for Commercial Driver’s License (CDL) holders, and the consequences you may face if convicted.

Understanding Railroad Grade Crossing Violations

Railroad grade crossing violations occur when the specific laws regarding these crossings are not followed. For commercial drivers, these laws are quite explicit:

Stopping at Railroad Crossings: Commercial vehicles are required to stop within 50 feet but not less than 15 feet from the nearest rail and listen and look in both directions for approaching trains before crossing.
Obeying Traffic Control Devices: This includes failure to obey signals indicating the approach of a train, such as flashing lights or gates.
Insufficient Space to Drive Completely Through the Crossing: It is a violation to drive a vehicle over a railroad grade crossing if there is insufficient space to drive completely through the crossing without stopping.
Failure to Slow Down and Check that Tracks are Clear: Drivers must slow down and check that the tracks are clear of an approaching train, even if they are not required to stop.

Consequences of Convictions

The penalties associated with railroad grade crossing violations in Georgia can be severe and include:

License Disqualification: A first conviction will result in a 60-day disqualification of your CDL, a second conviction within three years leads to a 120-day disqualification, and a third or subsequent conviction within three years results in a one-year disqualification.
Fines and Penalties: Along with license disqualification, you may also be subjected to substantial fines.
Increased Insurance Premiums: After a conviction for a railroad grade crossing violation, insurance companies may view you as a high-risk driver, leading to increased insurance premiums.
Impact on Employment: Many employers have strict policies against traffic violations, and a conviction could negatively impact your job or future employment opportunities.

Seek Assistance

Adherence to railroad grade crossing laws is of utmost importance for CDL holders in Georgia. These laws are designed to protect not only the drivers but also the safety of others on the road. If you find yourself facing a railroad grade crossing violation, seek legal advice immediately to understand your rights and potential defenses.

How can I reinstate my CDL after a lifetime disqualification?

Having your Commercial Driver’s License (CDL) disqualified for life can be a devastating blow, particularly if driving is your livelihood. However, in Georgia, a lifetime disqualification doesn’t always mean “for life”. There are steps you can take towards reinstatement. We’ll take you through the process of reinstating your Georgia CDL after receiving a lifetime disqualification in this section.

Understanding Lifetime Disqualifications

In Georgia, lifetime disqualifications typically result from serious offenses such as repeated DUI convictions or using a vehicle to commit a felony. It’s important to note that while these disqualifications are termed “lifetime”, they can sometimes be lifted after a certain period under specific circumstances.

The Path to Reinstatement

The first step towards reinstating your CDL after a lifetime disqualification in Georgia is understanding the requirements and waiting period.

Wait Out the Required Period: Generally, you must wait ten years from the date of your last conviction before applying for reinstatement.
Complete the Application: You’ll need to fill out a Lifetime CDL Disqualification Application, which can be found on the Georgia Department of Driver Services website.
Pay the Restoration Fee: Along with your application, you will need to pay a non-refundable restoration fee of $210.00.
Provide Supporting Documents: As part of your application, you must also provide a current copy of your Georgia motor vehicle record and other required documents.
Mail the Application: Once completed, the application, restoration fee, and all supporting documents must be mailed to the Georgia Department of Driver Services.

Keep in mind that reinstatement is not guaranteed and depends on several factors, including the nature of your violations and your driving history.

Consequences of Reinstatement

Upon successful reinstatement, you should be aware that you’ll likely face increased insurance premiums as insurers may view you as a high-risk driver. Furthermore, any future traffic violations could lead to further penalties or even another disqualification.

Keep Driving

While a lifetime disqualification of your CDL in Georgia is a serious matter, it’s not always the end of the road. With patience, compliance, and the right steps, reinstatement is possible. If you find yourself in this situation, consider seeking legal counsel to help navigate the process and ensure you’re taking the right steps towards regaining your CDL.

Do courts treat CDL holders any differently than regular license holders?

How Traffic Courts View CDL Holders vs Regular License Holders

When it comes to navigating traffic court, there’s a notable difference between Commercial Driver’s License (CDL) holders and regular license holders. In this section, we’ll explore how traffic courts treat CDL holders differently than regular license holders when they receive traffic tickets.

The Higher Standard for CDL Holders

First and foremost, it’s crucial to understand that CDL holders are held to a higher standard than regular drivers. This is primarily due to the size of the vehicles they drive and the potential risk such vehicles can pose on the road. CDL holders are governed by both state and federal laws, and points can be assessed for traffic violations on both state licenses and commercial licenses.

Traffic Tickets and CDL Holders

Traffic courts often treat CDL holders differently when they receive traffic tickets. For instance, offenses that might be considered run-of-the-mill traffic tickets for regular drivers can carry more weight for CDL holders. Even a speeding ticket in a non-commercial vehicle might not be seen as a serious violation for regular drivers, but it could have more significant implications for a CDL holder.

Consequences for CDL Holders

The consequences faced by CDL holders in traffic court are often more severe. For example, a CDL can be suspended for two serious traffic violations within three years, with the suspension (also called a disqualification) lasting for 60 days or more. Some states take a stricter stance than others, typically measuring violations with a points system.

Legal Representation

Given the potential consequences, it’s usually beneficial for CDL holders to seek legal representation when facing traffic court. A knowledgeable attorney can help protect your license, your driving record, and your future by fighting unnecessary penalties.

Know the Standards

While all drivers must adhere to traffic laws, CDL holders are held to a higher standard and often face stricter penalties in traffic court. If you’re a CDL holder who has received a traffic ticket, it’s essential to understand your rights and consider seeking legal advice to navigate the process.

How many points can a CDL driver have in Georgia?

Understanding the Points System for CDL Drivers in Georgia

If you’re a Commercial Driver’s License (CDL) holder in Georgia, it’s crucial to understand how the state’s points system applies to your driving record. Let’s take a look at the specifics of this system and discuss how many points a CDL driver can have on their record in Georgia.

The Georgia Points System

In Georgia, traffic violations result in points being added to your driving record. These points range from 1 to 6, depending on the severity of the violation. For instance, a speeding ticket can range from 2 to 6 points, while more serious violations, like reckless driving, can add up to 4 points to your record.

How Many Points Can a CDL Driver Have?

According to Georgia law, if you accumulate 15 or more points within a 24-month period, your Georgia driver’s license will be suspended. This rule applies to both regular drivers and CDL holders.

However, for CDL holders, there’s an added layer of complexity. Certain violations can lead to the suspension of your CDL, even if they don’t result in 15 points on your record. For example, two serious traffic violations within three years, such as excessive speeding or reckless driving, can result in a 60-day disqualification of your CDL.

Consequences of Accumulating Points

Accumulating points on your driving record can have severe consequences. Aside from the possibility of license suspension, it can also lead to increased insurance premiums. Moreover, employers often review driving records when hiring for commercial driving positions, and accumulating too many points could affect your employment opportunities.

The Importance of Safe Driving

As a CDL holder, safe driving is not only crucial for maintaining your license and protecting your livelihood, but it’s also vital for the safety of all road users. Understanding the points system and how it applies to your CDL is an important part of responsible driving.

Keep a Clean Record

While the points system in Georgia allows for up to 15 points within a 24-month period before license suspension, CDL holders should strive to keep their records clean. If you find yourself with traffic violations adding points to your record, consider seeking legal advice to understand your rights and potential defenses. Stay safe, stay informed, and keep Georgia’s roads safer for everyone.

The Bottom Line

In conclusion, understanding the implications of a traffic ticket in Georgia as a CDL holder is crucial.

From distinguishing between major and serious traffic violations to comprehending out-of-service order violations and railroad grade crossing rules, each aspect carries significant consequences.

It’s also essential to know how courts view CDL holders versus regular license holders, the process for reinstating a CDL after a lifetime disqualification, and the point system for CDL drivers in Georgia.

Armed with this knowledge, you can make informed decisions and take appropriate actions if faced with a traffic violation.

Remember, maintaining a clean driving record is not just about keeping your job; it’s about ensuring the safety of all road users.

If you found this post helpful, please share it with other commercial drivers. Let’s spread the word and help each other stay safe and compliant on the roads of Georgia.