Common mistakes made by those arrested for DUI in Atlanta Georgia. Attorney J. Michael Mullis, The DUI Guy, Georgia DUI lawyer

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Will My Georgia CDL Be Suspended If I Plead To Reckless Driving
By J. Michael Mullis, The DUI Guy
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Will I Lose My Georgia CDL If I Plead Guilty To A Lesser Charge?


Serious Traffic Violations

Sometimes it is possible to get a DUI charge reduced to reckless driving or some other offense. You need to tread carefully here. It is possible to lose your CDL if you are not careful.

Let us suppose your record is clean for 3 years prior to your DUI arrest. A plea to a Serious Traffic Violation (including Reckless Driving) will not result in a suspension of your CDL.

Now, let us suppose you have one serious driving offense within 3 years prior to your arrest. A plea to second Serious Traffic Violation (including Reckless Driving) WILL result in a 60 day suspension of your CDL.

Finally, let us suppose you have two serious driving offenses within 3 years prior to your arrest. A plea to third Serious Traffic Violation WILL result in a 120 day suspension of your CDL.

So what is a serious driving offense? According to O.C.G.A. 40-5-142 (22) (A-J), they include:

  • 15 mph or more above the speed limit
     

  • Reckless driving
     

  • Following too closely
     

  • Improper lane change including failure to signal
     

  • A violation of law relating to motor vehicle control arising in connection with a fatal crash
     

  • Railroad grade crossing violation in non-commercial vehicle
     

  • Driving a commercial vehicle without proper license
     

  • Driving a commercial vehicle without CDL in immediate possession
     

  • Improper class and endorsements on CDL for  specific vehicle
     

  • Using wireless telecommunications device (see code section 40-6-241.2) while driving a commercial vehicle.

Major Traffic Violations

If you commit a first major traffic violation, you will lose your CDL for one year on a first offense. If you commit a second major traffic violation you will lose your CDL for life.

These violations include the obvious charges, DUI, Hit and Run, Fleeing or Attempting To Elude and others. What most commercial drivers do not realize is that if you refuse to take the state test, the refusal is considered a major traffic violation. If you've done that in the past, you already have one Major Violation on your record.

See O.C.G.A. Sections 40-5-151 and 40-5-142 and/or the Georgia Commercial Driver's Manual for more information.


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