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Newnan, Ga. - Police in Newnan reported the arrest of a nineteen year old driver after what was reported as an escalated road rage incident.
The driver allegedly was weaving behind another vehicle and then aggressively passed the other vehicle. As the driver was passing the vehicle, he rolled down his window and pointed a gun at the driver of the other vehicle.
Now there are several crimes happening in this story, but as a, Georgia DUI Lawyer, I will outline the law behind the base offense which is aggressive driving.
Aggressive Driving in Georgia
The Georgia Code defines the crime of aggressive driving in Georgia in O.C.G.A. §40-6-397 as:
A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.
Aggressive driving refers to any sort of selfish, unsafe and risky driving behavior that shows disregard for the safety of other drivers.
If the facts above that have been reported are true, then this was probably the driver's driving behavior toward the other vehicles around him before he pulled the gun.Â
Some common examples of aggressive driving behaviors include weaving in and out of traffic, changing lanes without signaling, passing in no-passing zones or emergency lanes, forceful merging, failing to yield, cutting off other drivers at close range, speeding, inappropriate gesturing and hand signals, inappropriate use of horns, flashing headlights, and tailgating.
Aggressive driving is a misdemeanor of a high and aggravated nature in Georgia. This means that the offense falls into the middle ground between a misdemeanor and a felony. An aggressive driving conviction can result in up to 12 months of jail time as well as fines up to $5,000.
Practice Note
If you or a loved one has been arrested for a serious traffic violation such as aggressive driving or DUI in Georgia, contact our offices now.
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