CDL Traffic Ticket Lawyer
Drivers with a commercial driver's license ("CDL") must be extra careful while they are driving, because of the serious consequences of an accident in a commercial vehicle, especially drivers with a Class A CDL. Likewise, CDL drivers must be extra careful when they face a traffic citation in Georgia, especially if they have a Georgia CDL, because a person's commercial driving privileges can be suspended if certain traffic offenses occur in a noncommercial vehicle. Will Kelbaugh worked for 15 years in the freight business prior to becoming a lawyer. Mr. Kelbaugh will do everything legally and ethically possible to help CDL drivers retain their commercial driving privileges.
A CDL driver's commercial driving privileges will be suspended for 60 days if the CDL driver is convicted of a "major traffic violation", as listed in OCGA 40-5-142(18.2). Major traffic violations include:
(1) DUI, OCGA 40-6-391;
(2) hit and run or leaving the scene of an accident, OCGA 40-6-270;
(3) failure to report striking an unattended vehicle, OCGA 40-6-271
(4) failure to report striking a fixed object, OCGA 40-6-272;
(5) failure to report an accident, OCGA 40-6-273;
(6) any felony in the commission of which a motor vehicle is used;
(7) driving a commercial motor vehicle while the person's commercial driver's license or commercial driving privilege is revoked, suspended, canceled, or disqualified, OCGA 40-6-146(b)(1);
(8) homicide by vehicle, OCGA 40-6-393;
(9) racing on highways or streets, OCGA 40-6-186;
(10) using a motor vehicle in fleeing or attempting to elude an officer, OCGA 40-6-395;
(11) fraudulent or fictitious use of or application for a license, OCGA 40-5-120 or 40-5-125(c);
(12) operating a motor vehicle with a revoked, canceled, or suspended registration, OCGA 40-6-15;
(13) various theft crimes, OCGA 16-8-2 through 16-8-9, if the stolen property was a vehicle engaged in commercial transportation of cargo or the cargo being transported; or
(14) refusing to submit to a state administered chemical test requested by a law enforcement officer, OCGA 40-5-55.
A CDL driver's commercial driving privileges will be suspended for at least 60 days if the CDL driver is convicted of two "serious traffic violations", as listed in OCGA 40-5-142(22), within 3 years. CDL drivers who are accused of a serious traffic violation should contact an attorney who is experienced in representing CDL drivers who are accused of traffic offenses, understands the law, and knows the severe personal consequences facing CDL drivers. Serious traffic violations include:
(1) speeding 15 or more miles per hour above the posted speed limit, OCGA 40-6-181;
(2) reckless driving, OCGA 40-6-390;
(3) following another vehicle too closely, OCGA 40-6-49;
(4) improper or erratic lane change, including failure to signal a lane change, OCGA 40-6-;
(5) a violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations, and excluding homicide by vehicle as defined in Code Section 40-6-393;
(6) railroad grade crossing violation in a noncommercial motor vehicle, OCGA 40-6-140;
(7) driving a commercial motor vehicle without obtaining a commercial driver's license, OCGA 40-6-146;
(8) driving a commercial motor vehicle without a commercial driver's license in the driver's immediate possession, OCGA 40-6-146;
(9) driving a commercial motor vehicle without a commercial driver's license of the proper class and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported, OCGA 40-5-150; or
(10) use of a wireless telecommunications device while driving a commercial motor vehicle, OCGA 40-6-241.
Being convicted of a major or serious traffic violation can result in severe consequences for a CDL driver. Even convictions for other traffic offenses, although they may not result in suspension of a CDL driver's commercial driving privileges, may impact a CDL driver's employment. If you want to discuss your situation with an experienced traffic lawyer, call the Kelbaugh Firm today.