Your Next Legal Steps If You’ve Been Charged With Texting While Driving In Georgia

The leading cause of car accidents and crashes is distracted driving. It is consistently becoming a larger threat every year and is a significant public health and safety issue, mainly due to the prevalence of new communication technology. Although lawmakers and public officials are examining the wide variety of problems associated with driver distraction, the usual concern for potential distraction is typically caused by texting.

Georgia has seen a rise in motor vehicle accidents in the past years, mainly resulting from distracted driving. The state has had a distracted driving law for several years, but it was recently updated in July 2018. The law is now much more profound and specific on what is permitted and not on the roads of Georgia. 

What is Distracted Driving Law?

Georgia’s driving law makes it illegal to text while driving. That is the general description, but it goes way deeper than that. Recently, changes in the distracted driving law of Georgia were pushed and ratified.

The Georgia’s Hands-Free Act, prohibits texting and using hand-held cell phones for drivers. The law states that you can be ticketed for using or touching a ‘wireless telecommunications device’ with any part of the body while driving. That means a driver may not rest a phone on their lap, even if it’s not being used. 

The new Georgia law intends to police anything that could distract a driver while operating a vehicle. So, despite the law dealing primarily with using mobile phones, it still offers some flexibility to allow prosecutors to charge drivers for any behavior that could likely distract them from safely operating their vehicle.

What Counts as a Wireless Telecommunications Device Under the Law?

As defined by the law, a wireless telecommunications device includes mobile phones, portable telephones, personal digital assistants, stand-alone computers, global positioning system receivers, text-messaging devices, and similar portable wireless devices used to receive and initiate information, communication, and data. 

Many drivers use computers, iPads, and similar devices while driving, so the law also includes these items.

As for stand-alone devices, the law defines them as any device that stores video or audio that you can view immediately or on-demand, like a GoPro, MP3 player, or iPod. 

It does not include radio, prescribed medical devices, in-vehicle security, remote diagnostics or navigation systems, citizens band radio, and commercial two-way radio communication devices. 

What Are Prohibited Under the Law?

Unlike some U.S states where driving laws only apply to specific drivers, like teen drivers, the Hands-Free Act applies to all drivers in Georgia. Activities that are prohibited under this law include:

• Physically supporting or holding a wireless communication device or any stand-alone device. 
• Writing, reading, or sending any text-based communication such as emails or texts.
• Watching a movie or video on a cell phone or any other electronic device.
• Broadcasting or recording a video on any wireless device. 
• Using the internet (running web searches or posting on social media) while on the road. 

These prohibitions apply even if the vehicle is not moving at a red light or stop sign. However, Georgia drivers may hold and operate their devices if they are inside their vehicles that are legally parked. 

Are There Exceptions to the Distracted Driving Law in Georgia?

A handful of exceptions to the law allow you to use your mobile devices in certain and specific ways while driving. You will not be violating the law if any of the following applies:

• You report a medical emergency, fire, traffic accident, hazardous road condition, or criminal activity.
• You are a first responder (fire, law enforcement, E.M.S.) performing your duties and responsibilities that necessitates the need to use a mobile device.
• You are a contractor or employee of a utility service provider performing under your employment scope. 

Furthermore, the prohibition on broadcasting or recording a video does not apply to electronic devices that have the purpose of recording within or outside the vehicle. That includes dashboard or bumper cameras.

What Are The Penalties For Distracted Driving Violations?

All violations under the distracted driving law are acts of misdemeanors in Georgia. The specific penalties and fines for a distracted driving ticket will depend on the convictions an individual has had within the past two years or 24 months. 

The fines are as follows:

First Offense: A driver should look forward to a maximum fine of $50 and one demerit point on their driver’s license. 

Second Offense: A second conviction within 24 months can fine up to $100. It also warrants two demerit points. 

Third Offense: A driver convicted of a third violation can face a fine of up to $150 and three demerit points. 

While the demerit points may seem insignificant, every one of these points would matter for people with less-than-perfect driving records. Individuals over 21 with more than 15 points within 24 months can have their driver’s license suspended. 

This can significantly affect a person’s life, especially if they use their vehicle daily. Furthermore, the Georgia law is even stricter for drivers under 21. 

What is Georgia Doing to Decrease Distracted Driving?

The Department of Transportation of Georgia reports that the severe measures that were taken to reduce cellphone usage while driving has resulted in a drop in accidents in the state. Lawmakers of Georgia are currently working to strengthen further and impose these laws.

On top of that, Georgia continuously expands its public service campaign to educate their citizens about the dangers and safety risks of distracted driving through television interviews with victims and family members, driving course segments, paid messages, and other media outlets. 

Need Legal Help?

Most drivers should be aware that texting while driving is a safety concern, even if they are unsure if it’s illegal or not. Whether you’ve been charged with an offense under the Hands-Free Georgia Act or got in an accident with someone who failed to obey the law, hiring a lawyer can help you understand your legal options. Talking with a lawyer can give you a clearer picture of the strength of your case and will allow you to make a more informed decision on how to move forward. 

Contact the Gumprecht Law Firm in Georgia to schedule a consultation today. We will help you understand your rights and discuss all your options. 

The Gumprecht Law Firm
3455 Peachtree Rd NE Fl 5
Atlanta, GA 30326
(678) 800-1050
https://www.galawfirm.com/