Experienced Distracted Driving Attorney
in Morgan County, Georgia

In Georgia, distracted driving can result not only in a traffic violation and problems with your driver’s license. It could lead to a misdemeanor conviction, which may cause other negative consequences for your future.

Distracted driving is most commonly associated with using a phone to make a call, send a text/email or use the internet while driving.

Regardless of why you have been charged with distracted driving, it is important to defend the charge and avoid the consequences of a conviction.

What is the distracted driving law in Georgia?

Georgia introduced a so-called “Hands-free” law in July of 2018. This prohibits drivers from using a phone in their hand or supported by their body when on the road—even when stopped on a road at a traffic signal or stop sign.

The full text of O.C.G.A. §40-6-241(c) reads as follows:

While operating a motor vehicle on any highway of this state, no individual shall:

1. Physically hold or support, with any part of his or her body a:
   1. Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or
   2. Stand-alone electronic device;
2. Write, send, or read any text-based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to:
   1. A voice-based communication which is automatically converted by such device to be sent as a message in a written form; or
   2. The use of such device for navigation of such vehicle or for global positioning system purposes;
3. Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of such vehicle; or
4. Record or broadcast a video on a wireless telecommunications device or stand-alone electronic device; provided that such prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

The term “Hands-free” law can be misleading because drivers are prohibited from using any part of the body (for instance the shoulder) to hold or support the device while driving.

What driving actions with phones are permitted in Georgia?

Under the distracted driving laws in Georgia, certain limited actions with phones are permitted while operating a vehicle. These include:

• Talking or texting while using hands-free technology
• Using GPS
• Wearing and using a smartwatch
• Using an earpiece to talk on the phone

Additionally, there are some exemptions to the Hands-free law. Notably, these refer to reporting a traffic accident. medical emergency, fire, criminal act, or road condition that causes a traffic or safety hazard.

Employees or contractors of utility services providers acting within the scope of their employment while responding to a utility emergency can also use their phones reasonably without fear of criminal charges.

Drivers of vehicles that are legally parked can also use their phones freely without fear of penalty.

Most of the focus on distracted driving centers on the use of mobile phones. However, under Georgia State laws, anything that causes drivers to stop attending to the road can be classified as “distracting.”

O.C.G.A. §40-6-241 (a)(3) includes the following definition of a wireless telecommunications device:

“a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data.”

This means that iPads, laptop computers, notebooks, and other devices are covered by the distracted driving laws.

However, they do not include radios, in-vehicle security, navigation, citizen’s band radio or prescribed medical devices.

While there is no law specifically prohibiting eating, drinking, shaving or otherwise having one’s attention shifted to something else when operating a vehicle, Georgia’s distracted driving laws are wide-reaching and such actions could lead to criminal charges.

Commercial driver’s license (CDL) holders in Georgia are subject to even stricter driving standards than other drivers.

In addition to the requirements already covered for all drivers, operators of commercial motor vehicles are not allowed to:

1. (1) Use more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or
2. (2) Reach for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be:
   1. In a seated driving position; or
   2. Properly restrained by a safety belt.

What are the penalties for distracted driving in Georgia?

The penalties for distracted driving in Morgan County, Georgia vary depending on the driver’s record—in keeping with other traffic violations in Georgia. The “lookback’ period is two years when considering penalties for repeat offenders.

How can a distracted driving lawyer help?

A distracted driving lawyer may be able to help you prove that the in-car use of the device was hands-free, that you did not criminally use the device or that your constitutional rights were breached. This can lead to the court dismissing the charges against you.

However, other more serious criminal charges often accompany distracted driving charges, such as DUI or drug possession investigation. This is even more reason to seek the assistance of a qualified criminal defense lawyer to help fight the charges.

If you are facing a charge for distracted driving or any other criminal driving charge in Georgia, speak to a defense lawyer from Michael Fulcher Law, LLC. We will outline your legal options and help reduce the impact on your future. Contact us online for a free consultation or call us at (706) 438-1555.

“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”