When Do Traffic Violations Affect Employment?

Many of us have been caught speeding, running a red light, or making some other minor mistake while behind the wheel. While many of these infractions come with fines or points on your driving record, some traffic violations can lead to far more significant consequences, especially when it comes to employment.

At Marvel & Emche, P.A. in Salisbury, Maryland, we understand the impact traffic violations can have on a person’s life and career. We’re here to help those charged with these offenses understand their rights and the options available to them.

Traffic violations can have varying effects on employment depending on the type of violation, the nature of your job, and how the violation affects your driving record. Let’s break down when a traffic violation might affect your employment and what you can do to mitigate the consequences.

Types of Traffic Violations

Before exploring the specific impacts of traffic violations on employment, it's important to understand the different types of violations and their potential legal ramifications:

• Minor violations: These are relatively insignificant offenses such as speeding slightly, failing to yield, or running a stop sign. These typically result in fines and might add points to your driving record, but they generally aren’t considered serious offenses. They rarely affect your employment, unless your job requires you to maintain a spotless driving record.

• Serious violations: More severe violations include driving under the influence (DUI), reckless driving, or leaving the scene of an accident. These offenses often lead to criminal charges, heavy fines, license suspension, and even imprisonment. A serious violation can significantly impact your professional life, particularly if your role involves driving or operating heavy machinery.

• Criminal traffic offenses: DUI, driving with a suspended license, or causing an accident that leads to injury or death are criminal offenses related to traffic laws. These offenses are more likely to show up in background checks, and they can have a lasting impact on both your driving privileges and your career, depending on the nature of your job.

If you've committed a traffic violation, contact us for help from our attorneys. We have experience assisting clients who have committed all types of traffic violations.

How Traffic Violations Affect Employment

Now that we’ve established the different types of violations, let’s explore how each type can affect employment.

Commercial Driver’s License (CDL) Holders

In Maryland and nationwide, holders of a Commercial Driver’s License (CDL) face stricter regulations than non-CDL drivers. A CDL is required for those who drive large vehicles like trucks or buses. For CDL holders, even minor traffic violations can have major consequences for their employment.

CDL holders are subject to point systems that penalize drivers for violations. Even a seemingly minor violation like speeding can result in points on your record. Accumulating too many points within a short time could result in disqualification from driving commercial vehicles, or even permanent disqualification in extreme cases.

For instance, if a CDL holder receives a ticket for speeding, especially if they’re driving a large commercial vehicle, they may risk suspension of their CDL if they accrue too many points.

More serious offenses, such as DUI or reckless driving, can result in the mandatory suspension of a CDL for a minimum of one year. If the offense occurs while the driver is operating a commercial vehicle, the consequences could be even more severe.

A DUI conviction for a commercial driver often results in a lengthy suspension or revocation of their CDL, which can end their career if their job depends on driving a truck, bus, or other large vehicle.

Non-CDL Drivers in Certain Industries

Even for those who don’t hold a CDL, certain industries require employees to maintain a clean driving record. Jobs that involve frequent driving, like those in delivery services, sales, or rideshare driving, may be impacted by traffic violations. Employers in these industries may hesitate to hire or retain employees with problematic driving records.

The consequences of traffic violations in these industries typically involve increased insurance costs. If an employee has a history of accidents or repeated violations, the employer may face higher insurance premiums to cover the risks associated with that employee’s driving. In some cases, the employer may decide to remove that employee from driving duties or terminate them.

In jobs where safety is paramount, employers may also reconsider retaining someone with a history of reckless driving or other serious offenses.

For example, an employee who is repeatedly caught speeding or engaging in reckless driving could be seen as a liability, both to the company and the public. If driving is an essential part of the job, these violations could lead to the employee being reassigned to other tasks or, in extreme cases, losing their job altogether.

Employers also often conduct background checks before hiring. If a candidate’s driving record reveals a series of traffic violations, particularly more serious ones like reckless driving or DUI, the employer might opt to hire someone else. For jobs that require regular driving, a less-than-perfect driving history could disqualify a candidate outright.

Professional Licenses and Traffic Violations

Many professions in Maryland require employees to hold specific licenses or certifications. These include professions such as real estate agents, insurance brokers, healthcare workers, and more. A traffic violation, particularly a serious one, may impact the ability to maintain these professional licenses, especially if the violation affects the person’s driving ability.

For example, a DUI conviction can sometimes lead to the suspension or revocation of professional licenses, depending on the nature of the job and the employer’s policies. For instance, if a healthcare worker is convicted of DUI, they may face scrutiny from their licensing board. In some cases, the board may revoke or suspend their license.

Similarly, real estate agents or insurance brokers who rely on their driving ability to meet clients may find themselves without a job if their traffic violation leads to a suspension or revocation of their professional license.

In some industries, employers may be willing to overlook one-time or minor violations, particularly if the employee takes corrective steps. However, in industries where trust, judgment, and client interactions are vital, a serious traffic violation can damage an employee's reputation, leading to a reassessment of their ability to perform their duties.

Security Clearances and Traffic Violations

Certain jobs in Maryland require employees to hold security clearances, particularly in fields such as government work, law enforcement, or defense contracting. For individuals seeking or holding security clearances, traffic violations can present a particular problem.

Security clearance holders undergo comprehensive background checks that assess their reliability, trustworthiness, and overall judgment. Traffic violations could raise concerns about an individual's character and reliability. In some cases, these violations could disqualify the person from obtaining or maintaining a security clearance.

A DUI conviction, for example, may suggest a lack of judgment, which is particularly concerning in positions that require access to sensitive information or responsibilities involving public safety. Individuals with a history of alcohol or drug-related offenses may find it more difficult to obtain or renew a security clearance, making them ineligible for certain jobs.

How Employers Handle Traffic Violations

While employers have significant discretion in determining how traffic violations impact their employees, they must also operate within the bounds of the law. Maryland law prohibits employers from making decisions based solely on arrests, and they must consider the specifics of the case, such as whether the employee was convicted of the offense.

Employers are also expected to provide employees with an opportunity for rehabilitation. For example, some employers may allow an employee to keep their job if they successfully complete a defensive driving course or attend counseling.

Employers in Maryland, especially those bound by union contracts or collective bargaining agreements, may be required to follow specific protocols when it comes to disciplining employees for traffic violations.

How to Minimize the Impact of Traffic Violations

If you’ve committed a traffic violation that might impact your employment, there are steps you can take to mitigate its effects. If you’re a commercial driver or in a profession that requires a clean driving record, attending a defensive driving course can help reduce points on your license and show your employer that you’re taking responsibility for your actions.

For those facing serious violations like DUI or reckless driving, consulting with a criminal defense attorney can help reduce the legal consequences of the offense. A qualified attorney can guide you through the legal process and may help you avoid the worst-case scenario, such as license suspension or termination from your job.

Being proactive in addressing a traffic violation is key. If your violation could affect your ability to perform your job, being transparent with your employer may help mitigate the damage. Many employers are willing to work with employees who demonstrate genuine remorse and a willingness to correct their behavior.

Contact an Experienced Traffic Violation Attorney

Traffic violations can have a significant impact on your career, but they aren’t necessarily the end of the road. Our attorneys at Marvel & Emche, P.A. are here to provide the strong defense you need.

We serve clients throughout the Salisbury, Maryland, area, including Northwood, White Plains, West Wood, Princess Anne, Cambridge, and Ocean City. Contact us today for more information on our legal services.