Blog

No one wants to look in their rearview mirror and see an officer’s lights start flashing. All the same, Georgia’s traffic officers stop drivers every day. Indeed, there’s a good chance you might someday find yourself sitting on the side of the road as an officer strides slowly to your door. According to a recent survey of traffic stops, American officers pull over roughly 32 million drivers per year. That’s more than 87,000 traffic stops per day. Some drivers receive warnings. Some drivers receive tickets for minor offenses. Others find themselves facing criminal consequences that could be far more serious. 10 serious traffic offenses Georgia does not rank within the top 10 states for most traffic stops per miles driven. Even so, the Georgia Governor’s Office of Highway Safety reports that we see traffic fatalities at a rate above the national average. That fact places pressure on traffic officers to root out dangerous driving. Officers might charge some drivers with serious offenses even when those charges aren’t warranted. Altogether, Georgia criminal statutes identify at least ten traffic violations as “serious” offenses: Reckless driving Reckless stunt driving Driving under the influence Endangering a child while driving under the influence Homicide by vehicle Feticide by vehicle Serious injury by vehicle Fleeing a police officer Homicide by interference with official traffic-control device or railroad sign or signal Aggressive driving Some of these serious offenses are misdemeanors. Many are felonies. Some start as misdemeanors and can become felonies, depending on the circumstances. The circumstances matter Indeed, it is often crucial to properly understand the circumstances surrounding any serious traffic offenses. Especially with charges such as “reckless driving” and “aggressive driving,” you can see clearly that there is often room for interpretation: The criminal code says that reckless driving is driving a vehicle “in reckless disregard for the safety of persons or property.” Aggressive driving is operating a motor vehicle “with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.” Both these charges allude to the driver’s state of mind. It is possible that officers can make incorrect assumptions about a driver’s state of mind. They need to support their assumptions with evidence, and it is worth noting that the prosecution must use that evidence to prove the crime beyond the shadow of a doubt. If a good defense attorney can challenge that evidence or the prosecution’s interpretation of the evidence, the charges may not stand. Charges do not equal convictions Fortunately, there are options for drivers facing such serious charges. You have the right to defend yourself. Naturally, the best defense will change with the charges and the facts, but a good defense attorney can help you identify your options. You might be able to get the charges reduced. You might arrange for a pretrial decision. Or, you might go to court and fight your charges in trial. Whatever you decide, you have the right to defend yourself from wrongful charges and all the immediate and long-term consequences that follow a conviction.

In recent years, Georgia has seen an increase in accidents involving drivers under 25 years old, rear-end accidents, and single-vehicle accidents. In Georgia, over 70 drivers are hurt in accidents every hour. In 2017 alone, Georgia saw 1,549 accident fatalities. Many of these accidents are caused by distracted drivers. As a result, Georgia enacted the Hands-Free Georgia Act. . As attorneys in Augusta, Georgia, our lawyers handle the criminal defense of people charged with violating Georgia’s hands free law, and we represent people injured in car accidents that were a result of texting and driving. When will law enforcement start enforcing the hands free law? Sometimes, a law is enacted on a certain day, but a grace period is provided before the law will be enforced. But for Georgia’s new hands free law, there is not a grace period for enforcement. The hands free law took effect on July 1, 2018, so Georgia drivers can expect a ticket if they’re using their phones while driving. Which states have banned cell phone use while driving? Georgia is the 16th state to enact a hands free law. California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, and West Virginia have all banned drivers from using cellphones while driving. Do I have to buy a hands free device? Under Georgia law, you are not required to purchase a hands free device so you don’t have to run out and buy a mount today. If you do not have a hands free device, you can simply leave your phone on the passenger seat, on the console, in the armrest, or in the pocket of the driver’s door. Just to be on the safe side, we recommend that you use a bluetooth device, headset, or phone mount while driving. Can I listen to Spotify, Pandora, Apple Music, or other music apps while driving? Yes, drivers can still use their phones or other devices to play music while driving, as long as they do not touch their devices to open an app or change the song. Even if you are temporarily stopped at a traffic light or stop sign, you cannot touch your phone or device. If you don’t have a good playlist, now is the time to make one. Otherwise, unless your device is controlled by the car’s radio, you might have to pull over and park to select a new song or station. Keep in mind that drivers may not use video apps like YouTube to play music because the hands free law prohibits drivers from watching or streaming videos while driving. Can I use an iPod, tablet, iPad, or deactivated cell phone while driving? Georgia’s hands free law prohibits the use of all wireless communication devices and stand alone electronic devices. Generally, when we think of wireless communication devices, we think of our cellphones. However, the law also prohibits the use of iPads, iPods, tablets, computers, mp3 players, and gps devices. Can I hold my phone in my hand while driving if I’m not using it? As the name of the law implies, drivers may not hold their phones in hand while driving. This is the case even if drivers are not actively using their phones. In fact, drivers cannot hold or support phones or other electronic devices with any part of the body. Can I talk on the phone while driving? Yes. Drivers may use headsets, bluetooth devices, earpieces, or watches to talk on the phone. Drivers may also touch their phones to answer or end a call or to dial a number as long as the driver is not holding or supporting the phone. However, Georgia drivers may not use electronic devices or phones to write, send, read, or record except when when using voice-to-text functions to control vehicle navigation. While drivers may use headsets to talk on the phone, they cannot use them to listen to music or other audio while driving. How is Georgia’s texting and driving law different from Georgia’s hands free law? Georgia’s previous texting and driving law, which was enacted in 2010, prevented distracted driving by prohibiting drivers from reading or sending texts and emails while driving. However, in 2018, Georgia lawmakers decided that enforcing the texting and driving law was too difficult because law enforcement officers had trouble determining whether drivers were unlawfully texting. As a result, Georgia enacted a new hands free law that prohibits drivers from holding their phones and other stand-alone electronic devices. Can I use my cell phone or tablet while stopped at a traffic light? Temporarily stopping at a traffic light or stop sign will not suffice under Georgia’s new hands free law. Drivers may not use their devices unless they are completely parked. Drivers may use their devices if they are reporting an emergency, accident, or acting as an emergency responder. What are the penalties for violating Georgia’s hands free law? If you are charged with violating Georgia’s hands free law for the first time, you will likely be assessed a $50 fine, and one point could be added to your driver’s license. On the first offense, in certain circumstances, the court may dismiss the ticket if you show proof that you’ve purchased a hands free device. On the second conviction, you can be fined up to $100, and two points could go on your license. On the third conviction and any convictions thereafter, you can be fined up to $150, and 3 points could be added to your license. Drivers should remember that points on your license could mean higher insurance rates. Accumulating 15 points on your license in a two year period could result in a suspension of your right to drive. Does the hands free law apply to commercial drivers? Commercial drivers must be properly licensed and in operation of a commercial vehicle. Commercial drivers may use one button to begin or end a phone call. Commercial drivers are prohibited from reaching for their phones or devices if doing so requires them to be improperly restrained by a seat belt or requires the driver to no longer be seated in the proper position. How does the hands free law apply to school bus drivers? School bus drivers are highly trained and tested because they have the important job of transporting and protecting children. School bus drivers are prohibited from using two-way radios or wireless telecommunication devices while loading or unloading passengers. Drivers are permitted to use wireless telecommunication devices while the bus in in motion to allow live communication between the driver and the school and/or public safety officials. In summary, here is what is legal and what’s not while driving or temporarily stopped: Allowed Dialing a phone number Starting and ending a call Talking on speakerphone Wearing a headset to talk on the phone Use of bluetooth device or Bluetooth through the vehicle Smartwatch phone calls GPS/Navigation with voice Filming with mounted dash cam Setting up music apps while parked Calling 911 or otherwise reporting an incident to emergency personnel Not Allowed Texting or emailing from any device Holding a phone or other electronic device using any part of the body Listening to music through a headset or earpiece Scrolling Social media Adjusting music apps with your hands Viewing the internet Watching videos Recording a video Video calls (FaceTime, Skype, etc) If you or someone you know has been injured in a car accident caused by a distracted driver or has been charged with violating Georgia’s hands free law, contact the lawyers at Davis, Chapman, & Wilder, LLC for a complimentary case evaluation.

As criminal defense lawyers in Augusta, we often assist clients who are concerned about the consequences of a traffic ticket. Do I need a lawyer for a traffic ticket in Georgia? You may think traffic tickets are more a nuisance than a danger to your liberty, but that is not always the case. Georgia is the last remaining state to classify low level traffic tickets, such as speeding tickets, as misdemeanor offenses. That means that technically, when that officer hands you a ticket for traveling over the speed limit, you could be facing up to 12 months in jail and a $1000 fine. Is a judge really going to put me in jail for your speeding ticket? Probably not, but that doesn’t mean there won’t be unforeseen consequences. Traffic tickets can impact you in numerous ways. They can impact your insurance rates. They can have high fines. They can put points on your license. Some tickets can suspend your license. Other types of traffic violations do carry mandatory time in jail. Violations can have increasingly severe consequences each time you are convicted. Should I plead guilty to a traffic ticket? When you get a ticket, you may plan to just grumble to your friends, pay the ticket, and move on. However, even if you can just pay the ticket instead of appearing before a judge, paying a ticket means that you are entering a guilty plea to the charge. Depending on the type of infraction, that may have little impact on anything but your wallet, or it may suspend your license. Before you plead guilty, you should know that the Department of Driver Services will automatically suspend your license for a conviction of: hit and run, leaving the scene of an accident, racing, driving with a revoked, canceled, or suspended license, driving without valid insurance, driving under the influence of drugs or alcohol These are just some of the infractions that can lead to a suspension of your driver’s license. You can also lose your license if you get 15 points on your license within a 24-month period. Points can come from tickets received outside the State of Georgia as well. If your teenager is the one who comes home with a ticket, you need to be aware that violations that may not suspend an adult’s license may have more severe consequences for someone under the age of 21. Calculating License Points in Georgia Aggressive Driving 6 points Reckless Driving 4 points Unlawful Passing of a School Bus 6 points Improper passing on Hill or Curve 4 points Speeding less than 15 miles over the speed limit 0 points Speeding 15 to 18 miles over the speed limit 2 points Speeding 19 to 23 miles over the speed limit 4 points Speeding 24 to 33 miles over the speed limit 6 points Failure to Obey Police Officer 3 points Possessing an Open Container of an Alcoholic Beverage while Driving 2 points Violation of Child Safety Restraint (1st Offense) 1 points Violation of Child Safety Restraint (2nd+ Offense) 2 points You can see a list of offenses and their associated points on the Georgia Department of Driver Services website. Remember that as of July 1, 2018, Georgia has a new hands free law, making it a violation to use your cell phone while driving unless it is operating through a hands free device. How Long Do Points Stay on Your License in Georgia? The Department of Driver Services has a 24 month “look back” period for point calculations. That means that your old points will roll off your license after two years. If you are near the maximum number of points, the good news is that the Department of Driver Services allows license holders to request a reduction in the number of points on their license once every five (5) years. To request the points reduction, you have to complete a certified Driver Improvement course, commonly called defensive driving, and present the certificate you receive to the department. The Department of Driver Services keeps a list of approved programs that you can access here. Can I just plead nolo contendere (no contest)? Typically you can enter a no contest plea once every five (5) years, assuming that the judge accepts your plea. To do so, you will have to go to court on your court date. If your ticket is payable and you choose to pay the fine rather than go to court, remember that the court will enter a guilty plea on your behalf even if you were eligible for a no contest plea. A no contest plea can save you points on your license or even keep your license from being suspended under the right circumstances. A key example would be a no insurance ticket. If you were to plead guilty, your license would be suspended for 60 days, and you would have to pay a reinstatement fee to the Department of Driver Services to get your license back. However, if you entered a no contest plea for your first no insurance ticket within a five year period, your license would not be suspended. Can I get a permit to drive to work if my license is suspended? If you are at least 21 years old, there are some situations in which you may be eligible for a limited permit during your suspension period. You may have to pay a fee or abide by additional restrictions in order to be given such a permit. A limited permit gives you permission to operate a vehicle as long as you are going to an approved location or completing an approved task. Examples of places you may be allowed to drive are: Driving to work. Going to necessary doctor’s appointments. Attending classes at a college or school. Attending regularly scheduled AA or NA meetings or other treatment program. Attending a driver education program. Attending court, report to community supervision or probation, or to perform community service. Transporting unlicensed immediate family members to the doctor, to work, or to school. Do You Need a Criminal Defense Attorney in Augusta, Georgia? If you want to speak to a lawyer about the consequences of your speeding ticket, DUI, driving with a suspended license, habitual violator charge, or other related charge in Augusta, Evans, Martinez, Grovetown, Waynesboro, and the surrounding areas, you should contact the attorneys at Davis, Chapman, and Wilder, LLC immediately for a complimentary case evaluation. Our attorneys can advise you of all the consequences you may face if convicted and can work to fight the ticket, lessen the fine, or reduce the other penalties associated with your charge.