IS THIS LEGAL? please help!!

bigNATURE · Aug 11, 2014

Okay, so after 2 months in court I finally got a speeding ticket (my only one) reduced to a 1-10mph speed violation in the state of Montana. (I got a cell phone violation almost 3 years ago back in December of 2011)

My drivers license is in Georgia. Ga state law says 2 serious violations will result in a 60 day suspension, disqualified status. So, now that I beat the case in court and went to get the DQ off my license so I can get back to my much needed work, GA is now saying they are going to continue the DQ unto October.

Now, my question to all my fellow experienced drivers, operators and good men, what would you do?

my final charge was a 1-10mph over the day limit. $20 fine. Non-serious violation. But Ga is still treating it as a serious violation. What can I do?

i don't want this suspension on my record. I need to work like we all do. I've learned my lesson and am ready to get back out there, even more safe than before.

The only option the GA DDS is giving right now is for me to send a letter in to the corrections dept, so that's what I'm in the process of doing now.

any help will be much appreciated. Thanks in advance.

blairandgretchen · Aug 11, 2014

Might need to dig into the GA law on this.

- what is the time frame on the 2 serious violations?

- do the 2 violations need to be convicted or just cited?

What have you found so far?

FatDaddy · Aug 11, 2014

bigNATURE said: ↑

Okay, so after 2 months in court I finally got a speeding ticket (my only one) reduced to a 1-10mph speed violation in the state of Montana. (I got a cell phone violation almost 3 years ago back in December of 2011)

My drivers license is in Georgia. Ga state law says 2 serious violations will result in a 60 day suspension, disqualified status. So, now that I beat the case in court and went to get the DQ off my license so I can get back to my much needed work, GA is now saying they are going to continue the DQ unto October.

Now, my question to all my fellow experienced drivers, operators and good men, what would you do?

my final charge was a 1-10mph over the day limit. $20 fine. Non-serious violation. But Ga is still treating it as a serious violation. What can I do?

i don't want this suspension on my record. I need to work like we all do. I've learned my lesson and am ready to get back out there, even more safe than before.

The only option the GA DDS is giving right now is for me to send a letter in to the corrections dept, so that's what I'm in the process of doing now.

any help will be much appreciated. Thanks in advance.
Click to expand...

You would probably be better served to talk to a local lawyer then ask here. Heck, something seems amiss to me but I don't think most of us versed enough in Ga law to give you the correct advice.

Trucki · Aug 11, 2014

[h=1]CDL Disqualifications[/h]General
You may not drive a commercial motor vehicle if you are disqualified for any reason.
Alcohol, Leaving the Scene of an Accident, and Commission of a Felony
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.
You will lose your CDL for at least one year for a first offense for:

Driving a CMV if your blood alcohol concentration is .04% or higher.

Driving a CMV under the influence of alcohol.

Refusing to undergo blood alcohol testing.

Driving a CMV while under the influence of a controlled substance.

Leaving the scene of an accident involving a CMV.

Committing a felony involving the use of a CMV.

Driving a CMV when the CDL is suspended.

Causing a fatality through negligent operation of a CMV.

You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.
You will lose your CDL for life for a second offense.
You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.
You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.
Serious Traffic Violations
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 non-commercial vehicle:
Serious traffic violations are excessive speeding (15 mph or more above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely, traffic offenses committed in a CMV in connection with fatal traffic accidents, driving a CMV without obtaining a CDL or having a CDL in the drivers possession, and driving a CMV without the proper class of CDL and/or endorsements.
You will lose your CDL:

For at least 60 days if you have committed two serious traffic violations within a three-year period.

For at least 120 days if convicted of a third or subsequent serious traffic violation.

Violation of Out-of-Service Orders
You will lose your CDL:

For at least 180 days if you have committed your first violation of an out-of-service order.

For at least two years if you have committed two violations of out-of-service orders in separate incidences.

For at least three years if you have committed three or more violations of an out-of-service order.

Railroad-highway Grade Crossing Violations
You will lose your CDL:

For at least 60 days for your first violation.

For at least 120 days for your second violation within a three-year period.

For at least one year for your third violation within a three-year period.

These violations include violation of a federal, state or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:

For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear.

For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.

For drivers who are always required to stop, failing to stop before driving onto the crossing.

For all drivers failing to have sufficient space to drive completely through the crossing without stopping.

For all drivers failing to obey a traffic control device or the directions of an enforcement official at the crossing.

For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.

Hazardous Materials Endorsement Background Check and Disqualifications
If you require a hazardous materials endorsement you will be required to submit your fingerprints and be subject to a background check.
You will be denied or you will lose your hazardous materials endorsement if you:

Are not a lawful permanent resident of the United States.

Renounce your United States citizenship.

Are wanted or under indictment for certain felonies.

Have a conviction in military or civilian court for certain felonies.

Have been adjudicated as a mental defective or committed to a mental institution.

Are considered to pose a security threat as determined by the Transportation Security Administration.

The background check procedures vary from jurisdiction to jurisdiction. Your licensing agency will provide you with all the information you need to complete the required TSA background check procedures. (The TSA website can provide additional information https://universalenroll.dhs.gov ).
Traffic Violations in Your Personal Vehicle
The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder to be disqualified from operating a commercial motor vehicle if the CDL holder has been convicted of certain types of moving violations in their personal vehicle.
If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges.
If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol, controlled substance or felony violations, you will lose your CDL for 1 year. If you are convicted of a second violation in your personal vehicle or CMV you will lose your CDL for life.
If your license to operate your personal vehicle is revoked, cancelled, or suspended you may not obtain a hardship license to operate a CMV.
Major Traffic Violations
You will be disqualified from driving a CMV for not less than one year if convicted of any of the following offenses when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:

Driving a vehicle under the influence in violation of Code Section 40-6-391.

Hit and run or leaving the scene of an accident; failing to report striking an unattended vehicle, failure to report striking a fixed object, or failure to report an accident.

Any felony in the commission of which a motor vehicle is used.

Driving a commercial motor vehicle while the persons commercial drivers license or commercial driving privilege is revoked, suspended, canceled, or disqualified.

Homicide by vehicle.

Racing on highways or streets.

Using a motor vehicle in fleeing or attempting to elude an officer.

Fraudulent or fictitious use of or application for a license.

Operating a motor vehicle with a revoked, canceled, or suspended registration.

Theft of a vehicle engaged in commercial transportation of cargo or any appurtenance thereto or the cargo being transported therein or thereon.

Refusing to submit to a state administered chemical test requested by a law enforcement officer.

If one of the offenses above occurs while you are operating a CMV that is placarded for hazardous materials, you will be disqualified from driving a CMV for at least three years.
You will be disqualified from driving a commercial motor vehicle for life if convicted of a second or subsequent major traffic violation or any combination of such violations from the list above.
Click to expand...

This is the DQ section from the Georgia CDL Manual.

streetglider · Aug 11, 2014

Trucki said: ↑

This is the DQ section from the Georgia CDL Manual.
Click to expand...

sounds cut and dry to me without a lawyer

Sublime · Aug 11, 2014

Look up CDL Masking.

bigNATURE · Aug 11, 2014

Hey thanks y'all! I got it fixed. I just posted this first thing in the morning to see if I could grab any help along the way.

but what I did was contact Montana dds, and after a good conversation with the CDL help desk up there, she gave me a "secret" number to the higher up's in GA so I could by pass all the lower workers at the dds. My call went straight thru, and within an hour I had the DQ reversed lifted off. Thank goodness. Maybe I'll just delete this post.

Safe trucking y'all

Trucki · Aug 11, 2014

Going to DDS Headquarters in Conyers could probably yield the same results

double yellow · Aug 11, 2014

Trucki said: ↑

This is the DQ section from the Georgia CDL Manual.
Click to expand...

weird I didn't see anything about texting & driving

BigBadBill · Aug 11, 2014

double yellow said: ↑

weird I didn't see anything about texting & driving
Click to expand...

Not sure about GA but some states lump that under reckless driving.

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