Stop for Hands Free Georgia Law Violation Results in Alleged Hit-and-Run

Police obtained warrants for theft by taking, hit-and-run, fleeing police, reckless driving, failure to maintain lane and violating the Hands-Free Act, records show. 

Emmanuel Holcomb is a 19-year-old who is still wanted by police in Gwinnett County.

According to reports, an officer saw him holding his cellphone while driving and attempted to pull him over. Instead, Holcomb continued driving and sped off, allegedly causing a wreck. Police have obtained warrants on the following charges for Holcomb:

• Hit and Run in Georgia
• Failure to Maintain Lane in Georgia
• Reckless Driving in Georgia
• Georgia Hands Free Law Violation
• Fleeing or Attempting to Elude Police in Georgia

As a Georgia DUI Lawyer, I will outline the law behind reckless driving in Georgia as well as the consequences one faces if convicted.

Reckless Driving in Georgia

Georgia Law defines the criminal offense of reckless driving in Georgia in O.C.G.A. §40-6-390 as:

(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.

(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.

As you can see from the statute, the law behind reckless driving is actually quite broad. Examples of reckless driving include but are not limited to:

• Weaving
• Excessive speeding
• Running red lights
• Running stop signs
• Failing to yield
• Passing other vehicles
• Driving erratically
• Veering
• Tailgating
• Weaving, etc.

The consequences of reckless driving are serious. Reckless driving is not like other traffic violations. Reckless driving is classified as a misdemeanor, and therefore, all misdemeanor consequences apply if convicted. The penalties can include a fine up to $1,000, jail time up to 12 months, or both.

Practice Note

As with any criminal offense or arrest, it is incredibly important to contact an attorney as quickly as possible. We specialize in Georgia DUI Defense which means that we specialize in everything from DUI in Georgia to Vehicular Homicide in Georgia. If you or a loved one has been arrested, contact our offices now. We will investigate your case and let you know what options you have. Call now.