A Focus on Distracted Driving and DUI in Georgia

Posted by Richard Lawson | Nov 25, 2018 | 0 Comments

As a Georgia DUI Lawyer, I receive many calls concerning DUI and other traffic violations in Georgia. A common traffic violation I see quite a lot is texting while driving in Georgia. Most Georgians are unaware of how serious the charge is. 

In today's post I will outline the offense of texting while driving in our state.

Texting While Driving in Georgia

O.C.G.A. §40-6-241.2 defines texting while driving or by law distracted driving in Georgia as:

(a) As used in this Code section, the term “wireless telecommunications device” means a cellular telephone, a text messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person.  It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription based emergency communications, in-vehicle security, navigation devices, and remote diagnostics systems, or amateur or ham radio devices.

(b)(1) No person who is 18 years of age or older or who has a Class C license shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.

(2) No person shall operate a commercial motor vehicle on any public road or highway of this state while:

(A) Holding a wireless telecommunications device to conduct a voice communication;

(B) Using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication;  or

(C) Reaching for a wireless telecommunications device in such a manner that requires the driver to maneuver so that he or she is no longer in a seated driving position properly restrained by a safety belt.

If convicted of texting while driving in Georgia, the convicted individual will be guilty of a misdemeanor which can include a fine up to $150.00. 

Practice Note

The new law has led to many more routine traffic stops which typically leads to more investigations - including those for DUI in Georgia. 

If you or a loved one has been arrested for DUI or has been cited for distracted driving, contact a Georgia DUI Attorney today. We handle all different types of traffic violations and can walk you through your case. 

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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