What Constitutes Aggressive Driving in Georgia?

Posted by Richard Lawson | Jun 19, 2018 | 0 Comments

Aggressive driving happens on Georgia roads frequently. As a Georgia DUI Lawyer, I can see the offense of aggressive driving as probable cause of a DUI investigation. Examples of aggressive driving include but are not limited to:

  • Cutting other drivers off 
  • Speeding
  • Offensive or inappropriate gesturing or hand signals
  • Flashing headlights or high beams
  • Tailgating
  • Blaring horns inappropriately
  • Changing lanes without a blinker or signal
  • Weaving in and out of lanes of traffic 
  • Passing in no-passing zones or shoulder lanes or emergency lanes
  • Forceful merging
  • Failing to yield 

The law behind aggressive driving is quite interesting, and it actually forces officers to make determinations regarding the behavior of the accused driver. Let's examine it below.

Law on 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. 

If you have been charged with a DUI, and your case involves aggressive driving - you need the help of a Georgia DUI Lawyer. These offenses are not merely  traffic tickets.  These are serious misdemeanor offenses that can result in potential time in jail as well as serious and life-altering driving consequences. Contact us today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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