In response to the rising concern of distracted driving, Georgia has implemented stringent laws to curb cell phone use while driving. At the Law Offices of Kyle E. Koester, LLC, we understand the importance of familiarizing drivers with these laws to promote road safety and legal compliance. This article provides an overview of Georgia’s distracted driving laws, particularly focusing on cell phone usage, and offers a legal interpretation of these regulations.
Overview of Georgia’s Distracted Driving Laws:
- The Hands-Free Georgia Act:
- Enacted on July 1, 2018, the “Hands-Free Georgia Act” (House Bill 673) is Georgia’s primary legislation addressing distracted driving. Under this law (O.C.G.A. § 40-6-241), drivers are prohibited from physically holding or supporting, with any part of their body, a wireless telecommunications device or stand-alone electronic device while driving.
- Prohibited Actions:
- The law explicitly forbids drivers from writing, sending, or reading any text-based communication, including text messages, emails, social media content, and other internet data while holding their device (O.C.G.A. § 40-6-241(c)).
- Watching or recording videos, except for dashcam functionality, is also prohibited.
- Permitted Actions:
- The use of GPS navigation or voice-to-text features is allowed as long as the driver does not physically hold the device.
- The law permits the use of earpieces, headsets, and smartwatches for communication, and voice commands are encouraged to minimize physical interaction with devices.
Legal Implications and Penalties:
- Consequences of Violations:
- Violation of these laws can result in fines and points on the driver’s license. The first conviction carries a fine of $50 and one point on the license, the second conviction within 24 months is a $100 fine and two points, and subsequent convictions entail a $150 fine and three points (O.C.G.A. § 40-6-241(g)).
- Increased Liability in Accidents:
- If a driver is found to be in violation of the Hands-Free law at the time of an accident, they may face increased liability, including more severe legal and insurance consequences.
Prevention and Awareness:
- Educational Efforts: The state of Georgia has undertaken various initiatives to educate drivers about the dangers of distracted driving and the specifics of the Hands-Free law.
- Role of Law Enforcement: Law enforcement officers play a crucial role in enforcing these regulations and ensuring compliance for road safety.
Conclusion: Understanding and adhering to Georgia’s distracted driving laws is crucial for all drivers. Compliance not only helps in avoiding legal penalties but significantly contributes to safer roads. At the Law Offices of Kyle E. Koester, LLC, we advocate for safe driving practices and adherence to traffic laws to prevent accidents and legal complications. Should you have any questions about how these laws affect you or need legal assistance due to a car accident, our experienced team is here to help.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
