Distracted Driving Accident Causes
Distracted driving involves focusing on something else other than driving. Various activities, such as checking your mobile phone, can take your focus away from driving and can be considered distracted driving. Messaging, taking pictures or videos, scrolling through the internet, or posting online are all types of distracted driving that apply to all drivers. Aside from using digital devices, other actions that lead drivers to become distracted are:
- Consuming food or drinks while driving
- Tinkering with the radio
- Chatting with passengers
- Daydreaming
- Applying makeup
If you have been pulled over for distracted driving or injured another individual in a distracted driving crash, discuss your case with a Cumming distracted driving lawyer right away to mitigate the potential consequences.
What is NOT Considered Distracted Driving in Cumming
In Georgia, although the distracted driving law is known as the “hands-free” law, the law can still be breached if you use a different body part that is not your hands to hold a device. This means speaking on your phone while using your shoulder to hold it would go against this rule. Moreover, it is against the law to message, watch a video, or document something using your gadget.
You can, however, do the following actions while driving:
- Employing hands-free technology to speak or text
- Making use of a GPS device
- Using a smartwatch
- Making use of an earpiece to speak on your device
The law has exceptions for frontliners, drivers in an emergency, and drivers who are parked (this excludes stopping at a red stoplight).
Penalties for Distracted Driving in Cumming
For a first distracted driving conviction, you must pay a fine of $50 and receive one point on your driver’s license. For a second conviction, the fine is $100 and two points on your driver’s license. For third and subsequent convictions, the fine is $150 and three points on your license.
As a primary enforcement law, under the distracted driving law, you can be pulled over by an officer for the offense without them needing to see another violation. Once an officer notices you using your mobile device, you might receive a traffic citation. However, if you hurt another individual due to a distraction, you can be held responsible for reckless driving.
In Georgia, reckless driving is considered a misdemeanor. Potential penalties include being fined up to $1000, spending up to a year in jail, community service, undergoing a drug or alcohol exam, or other possible conditions that the judge deems appropriate. Motorists below 21 years old may have their license suspended automatically. In addition, if another person is killed as a result of you driving recklessly or distractedly, you can receive a vehicular homicide charge.
Vehicular manslaughter can be charged as a felony or misdemeanor based on the specific situation. The penalty for a misdemeanor vehicular manslaughter is at most 12 months in jail, a maximum of $1,000 in fines, or both. You can also receive a felony vehicular manslaughter for a first-degree homicide in Georgia and face up to 15 years in prison.
Reach Out to Our Seasoned Cumming Distracted Driving Lawyer Now
If you have been charged with driving recklessly or given a citation for distracted driving, our team at Banks, Stubbs & McFarland can help you. Schedule your consultation with a Cumming distracted driving lawyer online or by phone at 770-887-1209.