My Cousin Danny
Disqualification of Commercial Driving Privileges (CDL)
Being a professional driver is not easy. You work hard for your money, often spending long periods of time separated from your family and the ones you love. Governmental rules and restrictions limit how often you can drive, and often prevent you from maximizing your income. In Gwinnett County Georgia, Fulton County Georgia, DeKalb County Georgia, Cobb County Georgia and within the State of Georgia a holder of a CDL license has lower limits of blood alcohol concentration than other motorists to be arrested and convicted of DUI; this is true whether you were driving a commercial vehicle or your personal car at the time of the arrest. Is this fair? No. More than others, you need My Cousin Danny’s knowledgeable and aggressive representation to help you keep your CDL.
Do you need a Lawyer? You sure do; 470-275-1500.
In addition to all of the suspensions listed above, a person’s commercial driving privileges will be disqualified pursuant to O.C.G.A. §40-5-151 for:
- Any offense listed in O.C.G.A. §40-5-54 (Habitual Violator Statue)
- Conviction of any violation of code sections §16-8-2 through §16-8-9 if the property that was the subject of the theft was a vehicle engaged in commercial transportation, any appurtenance thereto, or any cargo contained therein or thereon
- Driving under the influence of alcohol or drugs
- Refusal to submit to a test to determine the driver’s blood alcohol concentration
- Using a CMV in the commission of a felony
- Failure to report striking an unattended vehicle
- Failure to report striking a fixed object
- Failure to report an accident
- Driving a commercial motor vehicle while the person’s commercial driver’s license or commercial driving privilege is revoked, suspended, canceled, or disqualified
- Commission of multiple serious traffic violations
- Violations of out-of-service orders
- Conviction of a railroad grade crossing offense while operating a commercial motor vehicle
- Falsification of information on CDL application and/or supporting documents
- Notification from FMCSA of imminent hazard
- Any violation of the Georgia Controlled Substance Act (Article 2 of Chapter13 of Title 16 of the Official Code of Georgia Annotated) (§40-5-75) ONLY when a motor vehicle was knowingly used in the commission of any felony involving the trafficking, manufacture, distribution, sale, transfer, dispensing, or possession with intent to manufacture, distribute, cultivate, sell, traffic in, or dispense a controlled substance or marijuana.
You May Still Be Able To Drive if Your Commercial License Has Been Disqualified
Federal regulations and Georgia law establish criteria for commercial license disqualifications. Disqualifications should not be confused with suspensions. Disqualifications only withdraw the commercial privileges (that is, the licensee’s privilege to operate a commercial motor vehicle or apply for a commercial license). Suspensions, however, lead to the withdrawal of ALL driving privileges (non-commercial, commercial, and motorcycle).
A licensee with a commercial disqualification can still operate a non-commercial vehicle if those privileges are not also suspended.
Criminal Court Reports Convictions to DDS
After a conviction of a traffic offense, the court will forward notice of that conviction to DDS. The conviction information will be placed on the driver’s driving record by DDS and additional penalties will be imposed, if applicable.
Common Legal Questions
How do I file for divorce?
A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.
How long before I get my license back?
It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you. As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years. Call to discuss the specifics of your case.
What Can i drive with a DUI?
Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.
Can I get 50/50 Custody?
In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with. Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children. However, it is possible to have 50/50 joint legal and physical custody.
How much does a divorce cost?
There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce. Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues. High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets. Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.
Can i leave the state with my kids?
A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement. Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.
© 2019 Palumbo Law