Alleged Distracted Driver Hits Bicyclist in Sandy Springs

Sandy Springs, Ga. - A fatal wreck was reported yesterday in Sandy Springs. The wreck involved a pick-up truck and bicycle.

Police reported that a man was riding his bicycle north on Glenridge Drive when he was struck from behind by a pick-up truck. The driver of the truck allegedly left the scene. After some investigation last night, Sandy Springs police identified the driver. Officers spotted him in his truck near Roswell Road early this morning. He was arrested on a number of charges and his truck was collected as evidence.

The reports accused the driver of being on his cellphone while driving which allegedly led to the collision. He is facing charges of:

• Hit and Run in Georgia
• Vehicular Homicide in Georgia
• Reckless Driving in Georgia
• Failure to Maintain Lane in Georgia
• Distracted Driving in Georgia

In today's post, I will outline the relatively recent changes to Georgia law regarding texting while driving. In 2018, the Georgia legislature passed the Georgia Hands Free Law. This provided some changes to laws regarding technology while driving. See the changes below.

Georgia Hands Free Law

Distracted driving or texting while driving is defined in the same statute as always. However, since the Georgia Hands Free Law was enacted, there have been some major changes. These changes include:

• Drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving.
• Even with hands-free technology, drivers cannot write, read or send text messages, e-mails, social media content and other internet data while on the road. (Voice to text is allowed)
• Drivers cannot watch videos when they are on the road.  (Navigational/GPS videos are allowed)
• Drivers cannot use their phones or electronic devices to record video when they are on the road. (Continuously running dash cams are allowed)
• Drivers may listen to streaming music that does not include videos on the screen of their phone or device while driving but cannot touch their phones while on the road to activate or program any music streaming app.  Streaming music that is controlled by and listened through the vehicle's radio is allowed.   Drivers who need to touch their phones to activate/program their music streaming apps must do so before getting on the road
• The fine for a first conviction is $50.00 and 1 point assessed against the driver's license.  The fine is $100.00 and 2 points for a second conviction and $150.00 and 3 points for three or more conviction.  The fines for a 2nd or 3rd offense only apply when date of a 2nd or 3rd conviction takes place within 24 months of the date of the first conviction.  First time offenders can have the charge dropped by showing the court they have obtained a device that allows them to talk on a phone with hands-free technology or devices.  

Practice Note

Call our offices today if you have been arrested for a serious traffic offense in Georgia.