What felonies disqualify you from getting a CDL in Georgia

Any major traffic violation will make a Commercial Driver’s License holder loses his commercial privilege to drive for one year.  “Major traffic violation” means a conviction of one of the following offenses anywhere and in any vehicle unless otherwise stated:

1. Driving a vehicle under the influence of alcohol, drugs or any combination thereof in violation of O.C.G.A. 40-6-391.
2. Hit and run or leaving the scene of an accident in violation of OCGA 40-6-270, failure to report striking an unattended vehicle in violation of OCGA 40-6-271, failure to report striking a fixed object in violation of OCGA 40-6-272, or failure to report an accident in violation of OCGA 40-6-273;
3. Except as provided in subsection (b) of OCGA 40-5-151, any felony in the commission of which a motor vehicle is used;
4. Driving a commercial motor vehicle while the person’s commercial driver’s license or commercial driving privilege is revoked, suspended, canceled, or disqualified;
5. Homicide by vehicle in violation of OCGA 40-6-393;
6. Racing on highways or streets in violation of OCGA 40-6-186;
7. Using a motor vehicle in fleeing or attempting to elude an officer in violation of OCGA 40-6-395;
8. Fraudulent or fictitious use of or application for a license as provided in OCGA 40-5-120 or 40-5-125;
9. Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of OCGA 40-6-15;
10. Violating OCGA 16-8-2 through 16-8-9, if the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto or the cargo being transported therein or thereon, as set forth in paragraph (8) of subsection (a) of OCGA 16-8-12; or
11. Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to OCGA 40-5 55.

Because of the added safety risks that come with driving large trucks and other commercial motor vehicles, Georgia holds CDL holders to a much higher standard than other drivers. Just one or two traffic violations that might be considered minor when driving a private vehicle could cause a commercial driver to have their license suspended. Often a commercial driver can be passed over for having one violation or more on their driving record. If you’ve received any kind of violation, whether you were driving your work vehicle or personal car, contact a Ga CDL violations lawyer for help keeping your CDL and your job.

Major Traffic Violations

Under Georgia CDL law, a major violation 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. Major violations include:

• DUI or a BAC greater than 0.04 when driving a commercial vehicle
• Driving under the influence of a controlled substance
• Refusing a field sobriety test/alcohol blood testing
• Leaving the scene of an accident involving a CMV(commercial motor vehicle)
• Committing a felony with a vehicle
• Driving with a suspended CDL or revoked CDL
• Causing a fatality through negligent driving
• Driving a CMV(commercial motor vehicle) under the influence of alcohol

Serious Traffic Violations

Receiving two serious traffic violations while driving a commercial vehicle within three years can result in a 60 day suspension, and a third within 3 years results in a 120 day suspension. Serious traffic violations include:

• Speeding greater than 15 MPH over the posted limit
• Reckless driving
• Improper lane changes
• Following too closely
• Violation leading to a fatal accident
• Not having a valid CDL for the specific type of vehicle being driven

If you have a CDL and receive a ticket in Georgia for any of the following violations, Georgia Traffic Lawyers can help you fight/fix the ticket! We have successfully resolved hundreds of tickets for commercial drivers, protecting valuable driving histories and saving commercial driver’s licenses from heavy points and/or suspension.

• Speeding(15 mph or more above the posted limit)
• Georgia Super Speeder Violations
• Following Too Closely
• Reckless or Careless Driving
• Wrong Lane
• Overweight
• Failure to obey traffic control devices
• Failure to stop
• Illegal Turn
• Equipment
• Off Truck Route
• Improper lane changes
• Operating a commercial vehicle without your CDL in your possession
• Careless driving
• Driving a rig without the proper endorsement.

Many violations have potential defenses or can be negotiated down to a type of violation that will not lead to a CDL suspension. Your CDL is your livelihood, our CDL Defense team will work to get you the best possible outcome for your violation. Often, a Georgia CDL traffic violations lawyer can handle this for you without you having to take time off from your job to go to a faraway courthouse, especially if your CDL is from a state outside other than Georgia. Contact the Georgia Commercial Driver’s License (CDL) lawyers at Georgia Traffic Lawyers at (404) 933-1153 for a free consultation and to learn more about how to protect your CDL.

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