Stone Mountain, Ga. - As a Georgia DUI Lawyer, I covered a criminal incident that occurred a few weeks ago in my posts.
A quick recap - a husband and his wife were the victims of a road rage shooting while they were in route to go hiking in Georgia. The incident resulted in the suspect shooting the husband in the jaw. He was released from the hospital last week and has been reported as stable.
DeKalb County Police have released a sketch and are asking for the public's help in identifying the road rage shooter.
In today's post, I will outline the law behind the offense of aggressive driving - the predicate offense in the story above.
Aggressive Driving in Georgia
The Georgia Code defines aggressive driving in Georgia as: “driving with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42 [overtaking and passing], 40-6-48 [improper lane change or usage], 40-6-49 [following too closely], 40-6-123 [failing to signal], 40-6-184 [driving too slowly], 40-6-312 [lane usage by motorcycles], or 40-6-390 [reckless driving] with such intent.” O.C.G.A. §40-6-397.
According to the statute, aggressive driving just needs to target another person - not just a driver. The aggressive driving could be directed at pedestrians or passengers in other vehicles or even passengers in the same vehicle as the aggressive driver.
The law outlining aggressive driving is a relatively new law - the offense itself is a new offense. In fact, there are only a few reported cases. This is why we see so many more charges of reckless driving in Georgia. Reckless driving is simply defined as driving in a manner where there is a reckless disregard for all people or property.
If convicted of aggressive driving, you're guilty of a Georgia misdemeanor of a high and aggravated nature. This means that the punishment could include a fine up to $5,000, jail time of up to 12 months, or both. This is the same classification of crime as a DUI in Georgia.
A conviction for aggressive driving will also add six points to your license. This could lead to a points suspension of your Georgia driver's license if you have accumulated fifteen or more points in a consecutive 24-month period. If you're a driver under 21 years old, any offense that is four points or more will suspend your Georgia driver's license for a six-month period.
Call us today for help with your case.