What Level of Law?
All distracted driving laws in Georgia are state-specific, governed by the Georgia Code, and enforced by state and local authorities. Although federal guidelines highlight the dangers of distracted driving, Georgia retains autonomy over its specific restrictions, penalties, and enforcement practices.
The federal government’s role is limited to:
- Offering safety guidelines and encouraging states to implement laws on distracted driving.
- Providing funding incentives (e.g., through NHTSA) to states adopting hands-free or anti-distracted driving measures.
Enforcement is carried out by Georgia’s local and state police, and penalties are adjudicated within the Georgia court system.
1. Hands-Free Georgia Act
The primary law governing distracted driving in Georgia is the Hands-Free Georgia Act (2018). This law prohibits any handheld use of mobile devices while driving. Key provisions include:
- Prohibited Activities: Holding or supporting a mobile device with any part of the body, writing or reading text messages, watching or recording videos, and using any application that requires touching the device while driving.
- Permissible Activities: Drivers may use voice-to-text, navigation, and hands-free calling features, provided they don’t need to touch the device.
Sources: Georgia Code Title 40-6-241
2. Specific Restrictions for Certain Drivers
Certain categories of drivers face additional restrictions:
- School Bus Drivers: Prohibited from using any electronic device while the vehicle is moving, except in emergencies.
- Commercial Drivers: Federal law prohibits holding a mobile device in hand while driving and mandates hands-free use. Violations carry higher fines and penalties.
Sources: Georgia Code Title 40-6-241.2, Title 40-6-241.3
3. Penalties for Violating Distracted Driving Laws
Penalties under the Hands-Free Georgia Act escalate with repeated offenses:
- First Offense: $50 fine and one point on the driver’s license.
- Second Offense: $100 fine and two points on the license.
- Third and Subsequent Offenses: $150 fine and three points.
Violations in school or work zones may result in enhanced penalties.
Sources: Georgia Code Title 40-6-241(c)
4. Liability in Accident Cases
Impact on Liability: When a driver is involved in an accident and found to be using a mobile device illegally, this may be used as evidence of negligence in court. This negligence can significantly impact liability, often leading to the distracted driver being deemed responsible for greater financial obligations. These can include covering the injured party’s medical costs, property repairs, and other associated damages. In some cases, this negligence may be so severe that punitive damages are sought to deter similar behavior in the future.
Source: Georgia Code Title 40-6-391(a)
5. Primary Enforcement of Distracted Driving Laws
Primary Offense Designation: Georgia treats distracted driving as a “primary” offense. This means law enforcement officers can pull over a driver solely for mobile device use without the need for an accompanying violation, such as speeding. The officer must only observe the unlawful mobile use, such as texting, holding a device, or any manual device interaction. This primary offense status is intended to encourage better compliance and empower officers to take direct action against distracted driving, making roads safer.
Source: Georgia Code Title 40-6-241(e)
6. Enforcement Challenges
Difficulties in Observing Violations: Despite the Hands-Free Georgia Act’s clarity, enforcement can be challenging. For instance, observing a driver’s device use can be difficult in heavy traffic or at high speeds. Additionally, drivers may attempt to conceal device use, making it harder for officers to detect and prove a violation. Enforcement practices may vary by jurisdiction, and some areas might prioritize distracted driving enforcement differently based on resources and public demand.
Source: Georgia Code Title 40-6-241(f)
7. Open Container Laws for Distracted Drivers
Reducing Distractions from Alcohol: Georgia’s Open Container Law prohibits open alcohol containers in the passenger area of a vehicle. While not strictly classified as a distracted driving law, this measure minimizes the potential for drivers to be distracted by handling or drinking from an open container. Violation of this law not only carries fines but also reflects Georgia’s broad commitment to a distraction-free driving environment.
Source: Georgia Code Title 40-6-253
8. Special Considerations: GPS and Infotainment Systems
Permissible Use: The law allows drivers to use navigation and infotainment systems in a hands-free manner, meaning they must set up these systems before starting to drive or pull over if changes are necessary. Any manual interaction with these systems while driving, however, could lead to a distracted driving citation. This policy allows drivers to benefit from technological aids without compromising road safety.
Source: Georgia Code Title 40-6-241(g)
9. Underage Distracted Driving (Under 18)
Teen Driver Responsibility Act: Georgia has a strict “no cellphone use” policy for drivers under 18. This restriction applies even to hands-free operation, reflecting the belief that younger, less experienced drivers are at a higher risk for distraction and accidents. The policy also includes heavier penalties for underage drivers caught violating this rule, with potential repercussions like delayed licensing privileges or license suspension after multiple offenses.
Source: Georgia Code Title 40-5-24
10. Steps for License Reinstatement After Distracted Driving Suspensions
Reinstatement Process for Repeat Offenders: In cases where a driver’s license is suspended due to repeated distracted driving violations, Georgia requires specific steps for reinstatement. The driver may be required to:
- Complete a state-approved defensive driving course, focusing on safe driving practices and the risks of distracted driving.
- Pay a reinstatement fee, which varies depending on the severity and frequency of the violations but generally ranges from $210 to $300.
- Comply with a probationary period during which any additional violations could lead to extended suspension or more severe penalties. These requirements aim to encourage lasting behavior change and prevent repeat offenses.
Source: Georgia Code Title 40-5-64
When Do I Need an Attorney?
In the event of a distracted driving charge, having an attorney can be invaluable for navigating the legal process, minimizing penalties, and defending your rights. Here’s when you should definitely consider hiring one:
Distracted Driving Charge:
A distracted driving charge in Georgia is serious and can carry steep fines, potential license suspension, and possibly even jail time. Attorneys specializing in traffic law know how to assess evidence, such as cell phone records or witness statements, and may be able to negotiate a reduction in charges or penalties. If this is a repeat offense, the stakes are even higher, making legal representation essential.
Distracted Driving Accident:
If you’re involved in an accident caused by distracted driving, having an attorney is crucial. Distracted driving accidents can lead to lawsuits from other drivers or passengers, and insurance companies often limit compensation in these cases. To maximize compensation for injuries, vehicle damage, and minimize out-of-pocket losses, an attorney can negotiate with insurance companies, handle court proceedings, and protect you against liability claims.
Refusal to Submit to Testing:
Refusing to hand over a device for inspection or to submit to testing (such as in cases where impairment is suspected) can result in additional penalties due to Georgia’s implied consent laws. An attorney can help you appeal any license suspension or work on obtaining a limited driving permit, allowing you some driving privileges during your suspension period.
Underage Distracted Driving Charge:
If an individual under 18 faces a distracted driving charge, they are subject to different, often stricter penalties. An attorney can help explore options for sentence reduction, license reinstatement, or arrangements like community service that meet court requirements while minimizing the long-term impact on the individual’s record.
Aggravating Factors in Your Case:
If your distracted driving case involves aggravating factors like an accident with injuries, child endangerment, or reckless driving, the penalties are likely to be more severe. An experienced attorney can guide you through this complex legal terrain, challenge evidence where appropriate, and present mitigating factors to the court.
In any of these scenarios, contacting an attorney as soon as possible can make a major difference in how your case proceeds and its ultimate outcome. Legal guidance in distracted driving cases helps ensure you have the best possible defense, minimize penalties, and manage the financial and personal implications of a distracted driving charge.
Accident?
Our team of experienced DUI lawyers is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future—let us be your advocate in this challenging time.
Additional Info on Distracted Driving Law Sources:
1. Key Restrictions of the Hands-Free Georgia Act
Georgia Code Title 40-6-241(c): The Hands-Free Georgia Act prohibits drivers from holding or supporting any electronic device with any part of the body while driving. This restriction covers a broad range of activities, from making calls to streaming videos. It also prohibits drivers from reading or sending any text-based communication manually.
2. Prohibited Activities While Driving
Georgia Code Title 40-6-241(d): This provision lists specific activities prohibited while operating a vehicle, such as recording videos, watching videos, and manually entering text.
3. Exceptions to the Hands-Free Act
Georgia Code Title 40-6-241(c): While the Hands-Free Act is comprehensive, this subsection provides necessary exceptions for specific situations, such as allowing device use to report emergencies or permitting law enforcement, emergency responders, and utility workers to use their devices within the scope of their duties.
4. Liability in Accident Cases
Georgia Code Title 40-6-391(a): This section of Georgia’s traffic law outlines DUI definitions and conditions for impairment, including the effects of BAC (blood alcohol concentration) limits. The principle here is that if a driver is involved in an accident while unlawfully using a device, this could support a finding of negligence. This law helps establish that distraction from intoxication or device use can lead to greater liability when causing an accident.
5. Primary Enforcement of Distracted Driving Laws
Georgia Code Title 40-6-241(e): Title 40-6-241 of the Georgia Code covers the Hands-Free Georgia Act, which specifies distracted driving behaviors and prohibits manual interaction with devices. Section 241(e) designates distracted driving as a “primary” offense, empowering law enforcement to stop drivers solely for these violations, without any additional infractions.
6. Enforcement Challenges
Georgia Code Title 40-6-241(f): In this subsection, the law acknowledges the difficulties that officers face in enforcing distracted driving laws, such as visibility issues in traffic. Officers might not be able to confirm device use in certain conditions, which can lead to inconsistencies in enforcement across jurisdictions.
7. Open Container Laws for Distracted Drivers
Georgia Code Title 40-6-253: This statute prohibits open alcoholic containers in the passenger area of vehicles, with the goal of reducing distractions related to alcohol while driving. Though it’s primarily an open container law, its restrictions indirectly contribute to reducing distractions in the vehicle, as any handling of open alcohol could divert driver focus.
8. Special Considerations: GPS and Infotainment Systems
Georgia Code Title 40-6-241(g): This subsection of the Hands-Free Georgia Act allows drivers to use GPS or in-vehicle infotainment systems if they engage them in a hands-free mode. Manual operation of these systems while in motion is prohibited, supporting the goal of minimizing distractions caused by interacting with technology.
9. Underage Distracted Driving (Under 18)
Georgia Code Title 40-5-24: Title 40-5-24 sets the limitations and rules for drivers under 18, part of the Teen Driver Responsibility Act. It includes strict prohibitions on all cellphone use (even hands-free) for drivers under 18, reflecting the state’s no-tolerance approach to distractions among younger, less experienced drivers.
10. Steps for License Reinstatement After Distracted Driving Suspensions
Georgia Code Title 40-5-64: Title 40-5-64 outlines the process for license reinstatement following suspensions, including for violations of distracted driving laws. This section specifies the requirements for reinstatement, such as attending defensive driving courses and paying reinstatement fees. It is designed to encourage drivers who have been penalized to adopt safer driving practices.
