Teen Driver Accused of DUI in Fatal Ellijay Crash

Gilmer County Courthouse

Ellijay, Ga. - A teenage driver is facing charges of:

• DUI in Georgia
• Reckless Driving in Georgia
• Vehicular Homicide in Georgia
• Serious Injury by Vehicle in Georgia

These charges all stem from when the driver allegedly lost control of his vehicle. This led to the vehicle overturning and hitting a tree. One of the passengers died in the crash and the other two passengers were seriously injured.

As a Georgia DUI Lawyer, I will write about one of the predicate offenses that the driver has been accused of committing - distracted driving.

Distracted Driving in Georgia

It has been illegal to text and drive in Georgia for years. However, there were recently some changes made to the texting while driving statute. Distracted driving in Georgia now includes more actions than before. See below.

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.