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Serious Traffic Violation for a CDL Driver

Posted by Ben Sessions | Dec 10, 2014 | 0 Comments

The vast majority of traffic offenses that can affect commercial driver license (CDL) holders are called “serious traffic offenses.” Understanding the effect of a serious traffic violation on your CDL and understanding what is classified as a “serious traffic violation” is absolutely essential to ensuring that simply paying a traffic citation will not result in a CDL suspension and, possibly, loss of employment.

WHAT WILL A SERIOUS TRAFFIC VIOLATION DO TO A CDL?

O.C.G.A. 40-5-151 defines the penalties for a serious traffic violation for a CDL holder:

(f) Any person is disqualified from driving a commercial motor vehicle for a period of:

(1) Not less than 60 days if convicted of two serious traffic violations as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained; or

(2) Not less than 120 days if convicted of a third or subsequent serious traffic violation as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.

WHAT IS A SERIOUS TRAFFIC VIOLATION FOR A CDL?

O.C.G.A. 40-5-142 defines what offenses are a serious traffic violation for a CDL holder:

(22) “Serious traffic violation” means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:

(A) Speeding 15 or more miles per hour above the posted speed limit;

(B) Reckless driving;

(C) Following another vehicle too closely;

(D) Improper or erratic lane change, including failure to signal a lane change;

(E) 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;

(F) A railroad grade crossing violation in a noncommercial motor vehicle;

(G) Driving a commercial motor vehicle without obtaining a commercial driver's license;

(H) Driving a commercial motor vehicle without a commercial driver's license in the driver's immediate possession, and excluding such violations when the person's commercial driver's license or commercial driving privilege is suspended, revoked, canceled, or disqualified;

(I) 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; or

(J) Use of a wireless telecommunications device in violation of Code Section 40-6-241.2 while driving a commercial motor vehicle.

Do you have a CDL and have a question about the impact of a traffic offense on your license?

Contact The Sessions Law Firm

(470) 225-7710

Blog Post Provided By:

The Sessions Law Firm, LLC
1447 Peachtree Street NE, Suite 530
Atlanta, Georgia 30309

Phone: (470) 225-7710

About the Author

Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.

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