Navigating Commercial Driver’s License Traffic Violations in Atlanta
For commercial drivers, maintaining a clean driving record is essential to keeping their Commercial Driver’s License (CDL) and staying employed. Unlike standard traffic violations, CDL traffic offenses carry stricter penalties that can lead to fines, license suspension, and even job loss. In Georgia, both on-duty and off-duty violations can impact a commercial driver’s career. The Spizman Firm is here to help you understand the legal implications and available defense options.
CDL Traffic Violations and Their Consequences
Georgia law imposes severe penalties for CDL holders who commit traffic violations. These infractions are categorized as serious traffic violations, major offenses, and out-of-service violations, each with different legal consequences.
Serious Traffic Violations
Serious traffic violations may not result in an immediate disqualification, but repeated offenses can lead to a CDL suspension. These violations include:
- Speeding 15 mph or more over the limit
- Reckless driving
- Following too closely
- Improper lane changes
- Driving a commercial vehicle without a CDL
- Texting or using a handheld device while driving a commercial vehicle
A second serious violation within three years can result in a 60-day CDL suspension, while a third offense within three years can lead to a 120-day suspension.
Major Offenses
Certain violations automatically result in a one-year CDL disqualification for a first offense and a lifetime disqualification for a second offense. These major offenses include:
- DUI (Driving Under the Influence) (BAC of 0.04% or higher for CDL drivers)
- Refusing a breathalyzer test
- Leaving the scene of an accident
- Using a commercial vehicle to commit a felony
- Operating a commercial vehicle with a revoked, suspended, or canceled CDL
A lifetime disqualification may be eligible for reinstatement after 10 years, but this depends on the circumstances and legal representation.
Out-of-Service Violations
An out-of-service order is issued when a commercial vehicle or driver is deemed unsafe to operate. Violating such an order carries severe penalties:
- First offense – 180-day disqualification
- Second offense (within 10 years) – 2-year disqualification
- Third offense (within 10 years) – 3-year disqualification
Employers who knowingly allow a CDL driver to violate an out-of-service order may also face fines and penalties.
How to Fight CDL Traffic Violations in Georgia
Because the consequences of a CDL traffic violation can be career-ending, challenging the charges is essential. Some potential defense strategies include:
- Challenging the accuracy of speed detection devices
- Arguing lack of probable cause for a traffic stop
- Disputing DUI test results and procedures
- Presenting evidence of an emergency situation
- Negotiating for reduced charges that do not impact a CDL
An experienced attorney can help CDL drivers minimize penalties and, in some cases, dismiss charges entirely.
Protect Your CDL with an Experienced Georgia Traffic Attorney
If you hold a Commercial Driver’s License (CDL) and have been cited for a traffic violation in Georgia, your livelihood is at risk. At The Spizman Firm, our Atlanta Criminal Defense Attorneys understand the high stakes involved and will aggressively defend your rights.
Our firm serves clients throughout Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today to discuss your case and explore your legal options.
