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Cited for distracted driving or texting while driving in Georgia? A conviction adds points to your license, raises your insurance, and stays on your record. Atlanta criminal defense attorney Richard Blevins — a former prosecutor — knows how the State proves these cases and how to challenge them. Call (770) 419-1945 for a free consultation.
Recently a driver was ticketed in Cobb County, Georgia for “distracted driving.” The officer noted in the comments section that the driver was “eating while driving.” There was a tremendous backlash and outrage over this incident. The prosecutor has dismissed the charge.
But how do you know what distracted driving is and how to prevent getting a ticket. It is not per se against the law to eat while driving. However, the law does state that “A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions, which shall distract such driver from the safe operation of such vehicle.” This statute gives a police officer wide latitude in deciding whether someone is engaged in “distracted driving.”
The “distracted driving” statute does allow for the proper use of a radio, citizens band radio, mobile telephone, or amateur or ham radio. However, there are laws prohibiting the use of a cell phone by drivers under 18 years except in certain emergency situations. Cell phone use while driving is the culprit for many auto accidents. These accidents can lead to lifetime injuries such as loss of limb or even POTS syndrome. Also, there is the so-called texting while driving statute.
This statute prohibits the use of any “wireless telecommunications devices” to write, send, or read any text-based communications. “Wireless telecommunications devices” are defined to include a cell phone, text messaging device, personal digital assistant, stand-alone computer or any other similar wireless devices. “Text-based communications” not only means “texts” but also instant messages, e-mails, and Internet data.
There are exceptions to this statute as well that have to do with reporting traffic accidents and reporting the perpetration of a crime. Certain public utility employees and emergency personnel are exempted while performing their duties. Also, the “texting while driving” statute exempts a person while in a motor vehicle which is lawfully parked.
It is unlikely that you will be ticketed for eating while driving unless your vehicle is all over the road. However, it pays to be careful and not do anything in your vehicle which would lead the police to believe you are distracted from driving safely.
Anyone using a cell phone while behind the wheel is guilty of distracted driving. This type of risk has really taken an upswing since the smartphones and other types of portable electronic devices have hit the market. Drivers who text and drive or take photos while driving can take an extra second or two that is necessary to react to situations and avoid accidents. There has been a lot of accidents caused by drivers playing with electronic gadgets as they are driving (mainly texting).
The government defines ‘distracted driving‘ this way:
any activity able to divert a drivers attention from their primary task of safe driving
There are many other driving distractions that may lead to accidents as well –
and you could probably write an entire page of other distractions that can put you in danger.
Another drawback to driver distractions is the hardships they can lead to. In cases where there is no loss of life, there are still people who can get hurt, and lawsuits that are filed. Cases like these are settled all the time and for people, without the kind of money to go to court, this can be a really stressful undertaking.
Even reasonable settlements can still hurt. It just makes more sense to leave your electronic devices alone while you drive. Waiting for a settlement can cause both parties to see their attorney fees continue to increase while the settlement figure will remain the same. Why risk it? Taking your cell phone with you in case of an emergency is definitely a good idea. However, playing with it just for the sake of playing is simply not wise.
There are those who believe that driving while texting has become this generation’s version of a DUI. The National Highway Traffic Safety Administration states that 20 percent of the car accidents in the United States are caused by driver distractions such as eating, looking at maps, talking or texting on the phone, or even talking to others in the car.
Per the NHTSA, the cell phone is the top culprit of distracted driving. Driving and talking on a cell phone can be just as hazardous as driving and drinking. According to research done by the National Safety Council, a driver on a cell phone has about the same reaction time as a driver with a .08 blood alcohol level. He also has a delayed reaction time to cars that stop abruptly.
Georgia’s Hands-Free Act (O.C.G.A. § 40-6-241) makes it illegal to hold or support a phone with any part of your body while driving, and a separate “due care” statute lets an officer cite almost any activity that pulls your attention from the road. A conviction is more than a fine — it puts points on your Georgia driver’s license and can raise your insurance for years:
Drivers under 21 can have their license suspended after just 4 points in a 12-month period, and a distracted-driving citation is often written alongside more serious charges such as reckless driving or after a DUI stop. If you drive for a living, even one conviction can put your job at risk.
The “due care” standard gives officers wide latitude — and that same vagueness gives a defense lawyer room to challenge the citation. As a former Cobb County prosecutor, Richard Blevins knows what the State has to prove and where these cases fall apart:
For many first-time tickets the goal is to keep the conviction — and the points — off your record completely. Talk to a traffic ticket lawyer before you simply pay the fine: under Georgia law, paying a ticket is a plea of guilty.
Distracted driving and texting while driving are traffic violations under O.C.G.A. § 40-6-241, not criminal offenses. But a conviction still adds points to your license, raises your insurance, and can support a more serious charge such as reckless driving if an accident is involved.
A Hands-Free Act conviction adds 1 point for a first offense, 2 points for a second, and 3 points for a third or later offense within 24 months, along with escalating fines of $50, $100, and $150.
Paying the ticket is the same as pleading guilty — you accept the points and the insurance increase. Speaking with a lawyer first usually costs nothing for the consultation and may keep the conviction off your record.
Often, yes. Depending on the evidence, the charge may be reduced or dismissed — especially where the officer’s observation is weak, an exception applies, or there is no supporting video.
Ticketed for distracted driving in Atlanta or anywhere in metro Georgia? Contact Attorney Richard Blevins for a free consultation today at (770) 419-1945.
Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.
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