McIlhinney & Sessions - DUI Law

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If you are charged with a DUI, you must act within 10 days from the date of your arrest in order to keep you driving license from being suspended or revoked.  You must request a hearing within 10 days or your license may be suspended for up to 1 year.

 

MANDATORY SUSPENSION FOR COMMERCIAL DRIVER’S LICENSE FOR COMMISSION OF A “SERIOUS TRAFFIC VIOLATION 

If you are convicted of any of the following offenses within a 10-year period of time (which is measured from the date of “arrest” to the date of “arrest” for which the conviction was obtained), WHETHER YOU ARE IN A COMMERCIAL MOTOR VEHICLE or a NON-COMMERCIAL VEHICLE, your commercial driver’s license will be suspended:  

    • Speeding 15 or more miles per hour over the posted speed limit;
    • Reckless driving;
    • Improper or erratic lane change (not including failure to signal a lane change);
    • Following too closely;
    • Any traffic violation in connection with a fatal accident;
    • Operation of a commercial motor vehicle without a commercial driver’s license;
    • Operation of a commercial motor vehicle without a commercial driver’s license in the driver’s possession;
    • Operation of a commercial motor vehicle without a commercial driver’s license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported

NOTE: The first conviction shall not cause a disqualification of the driver’s commercial driving privileges.  However, the second conviction within the 10-year period will cause a 60-day suspension of the driver’s commercial privileges.  The third conviction within the 10-year period will cause a 120-day suspension of the driver’s commercial privileges.    

NOTE: The disqualification of a commercial driver’s license caused by conviction of any of the above-referenced offenses will “run” consecutively—not concurrently.  Also, for the purposes of counting convictions for these offenses, the convictions must arise out of separate incidents.   

A NOLO CONTENDERE plea will NOT be accepted by the Department of Drivers Services for any conviction received in the operation of a commercial vehicle.   

No limited driving permit is available for this period of suspension.  If you possess a CDL or you are considering obtaining a CDL and you face a traffic charge, we recommend you seek legal counsel.  Contact our office today to schedule a FREE consultation. 

 

 

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McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Ashburn Belvedere Park Bryan Byron Buckhead Buford Camden Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Darien Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough McIntosh Meriweather Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peach Peachtree City Pembroke Perry Pike Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock Zebulon

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