What You Should Know About Tough Georgia Distracted Driver Laws

The most commonly known type of distracted driving involves texting. Texting while driving remains unlawful in Georgia. But there are many other types of distracted driving that fly under the radar and the state appears to be cracking down on this safety issue for good reason.

On top of skyrocketing automobile insurance premiums, the US National Highway Traffic and Safety Administration reports an increase in distracted driving injuries and deaths. Upwards of 37,000 people lost their lives in 2016 and the fatalities continue to rise. Hundreds of thousands of injuries have been reported in connection with driver inattention each year.

As Georgia state lawmakers consider making only hands-free cell phone use legal, it’s important to understand what constitutes “distracted driving” and the potential penalties you could face if convicted of an offense.

Lawful And Unlawful Device Messaging

Georgia defines what is commonly known as “texting while driving” more broadly. According to Georgia general laws under the O.C.G.A. 40-6-241 section, devices include: “a cellular telephone, a text messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person.”

Under Georgia law, things such as two-way radios, GPS or navigation and emergency-based devices are excluded. Basically, you can talk or navigate, but typing can result in a misdemeanor charge, fines and points against your driving record.

Non-Texting Types of Distracted Driving

While texting has driven much of the conversation about distracted driving, Georgia considers many types of inattention to be unlawful. Simply taking your eyes off the road for an unreasonable amount of time to fiddle with radio channels inherently puts others at risk. Either you are an attentive, focused driver or you could be subject to a distracted driving charge. These are some of the common distractions that result in charges.

• Reading Maps
• Sending Emails
• Checking Updates on a Cell Phone or Device
• Programing GPS Coordinates While Moving
• Watching Movies or TV Shows While Traveling
• Eating While Driving
• Attending to Children While in Motion
• Playing Pokémon Go or Video Games

While keeping your eyes on the road is vitally important, it is not uncommon for law enforcement to misinterpret a driver’s actions and make an erroneous distracted driving charge. If convicted, you will likely face steep auto insurance premiums. That’s why its important to contact an experienced Georgia defense attorney.

Work With An Experienced Georgia Distracted Driver Attorney

For the state to gain a distracted driver conviction, a prosecutor will rely on the officer’s observation or your device. As with any criminal allegation, you should assert your rights. You are not required to hand over your cell phone and unlock it for inspection. Take down the exact time of the incident, make note of your rate of speed and the officer’s proximity. With detailed information in hand, an experienced Georgia defense attorney can challenge the state’s case and get you the best possible outcome.  Speak with an experienced traffic lawyer at The Jackson Law Firm today!