Field Sobriety Tests Introduction

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What are Field Sobriety Tests?

            In virtually every situation where a person has been pulled over for an alleged traffic violation and the officer “detects an odor of alcohol,” the officer will routinely ask the driver to perform Field Sobriety Tests (“FSTs”). These FSTs are used by the officer as tools used to assist them in determining whether probable cause exists to arrest a driver for the offense of DUI.

A Little About the Tests

            After many years of research and in an attempt to standardize Field Sobriety Testing, the National Highway Traffic and Safety Administration (“NHTSA”) adopted three field sobriety evaluations for use by police officers nationwide: the One Leg Stand, the Walk & Turn, and the Horizontal Gaze Nystagmus. NHTSA has issued strict standards by which the evaluations must be administered in order to ensure the tests’ results are consistently reliable and valid. These standards are published in a manual given to every NHTSA trained officer. The manual provides the precise procedures police officers are to use when administering the NHTSA-approved FSTs to DUI suspects.

FSTs to our Advantage

As a result, lawyers are able to question officers about their administration and interpretation of these FSTs under the NHTSA standards. In Georgia, every police officer is required to be trained under the standards provided by the Peace Officer Standards and Training Council (P.O.S.T.). As of October 1, 1995, P.O.S.T. adopted the three NHTSA-approved FSTs.

            This FST blog series will explore each of the three NHTSA FSTs in detail. We will discuss the tests themselves, how these tests are administered, how officers score the tests, and common mistakes officers make in giving these tests.  

by Casey Cleaver

Police Roadblocks

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Even the most seasoned motorists may never encounter a police sobriety roadblock or checkpoint during their entire driving history. Nonetheless, you should be armed with information regarding their validity and how to best approach them if you happen to drive towards one.

What is a Roadblock?

            In addition to the above factors,those arrested should urge their attorneys to be aware of local requirements regarding roadblocks, and subpoena all relevant records; although the road block may satisfy federal and state guidelines, it may fail the local arresting agency’s own policies.

            In determining the validity of a police roadblock, our courts analyze the following factors[1]:

  1. The roadblock was implemented pursuant to a checkpoint program that has, when viewed at the programmatic level, an appropriate primary purpose other than general crime control;
  2. The decision to implement the specific roadblock in question was made by a supervisor in advance, and not by an officer in the field;
  3. All vehicles that passed through the roadblock were stopped, rather than random vehicle stops;
  4. The delay to motorists was minimal;
  5. The roadblock was well-identified as a possible police checkpoint;
  6. The screening officers staffing the roadblock possessed sufficient training and experience to qualify them to make an initial determination as to which motorists should be subjected to field sobriety testing; and
  7. Under the totality of the circumstances, the stop of the defendant was reasonable under the Fourth Amendment.

What Should I Do?

            Now that we have seen what constitutes a valid police sobriety roadblock in theory, it is time to put the roadblock scenario into practice. If I see a roadblock coming what do I do? Am I allowed to evade it? The answer is . . . it depends. Drivers who violate a traffic law in order to avoid a police roadblock may be pulled over,arrested for said violation, and may be subject to further investigation by the police. However, drivers are entitled to take legal actions to avoid a roadblock, and police may not stop a driver from doing so, as long as the driver does not commit any traffic violations or other offenses while doing so.

An Example of a Roadblock

            For example, you are driving down a one lane road and you see a valid police roadblock ahead. However, the entrance to your apartment building happens to be 200 feet before the roadblock commences. You execute a legal turn into your apartment complex. A police officer at the roadblock sees you turn into the complex, follows your vehicle,and stops your vehicle. The officer’s hunch that you were avoiding the roadblock because you were intoxicated is, by itself, an insufficient basis to stop your vehicle.[2] As a result, most roadblocks are conducted on remote single lane roads so that an individual would necessarily have to break a traffic law in order to avoid them.

Call Us Today

             If you have been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

by Casey Cleaver

[1] Brown v. State, 293 Ga. 787 (2013); Williams v. State, 293 Ga. 883 (2013); Baker v. State, 252 Ga. App. 695 (2001); LaFontaine v. State, 269 Ga. 251 (1998); Indianapolis v. Edmond, 531 U.S. 32 (2000).

[2] Jorgensen v. State, 207 Ga. App. 545 (1993).

DUI- Vehicles

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Can I get a DUI on a bike?

It may be surprising to hear that the answer is yes, and that we have had these before, but it is true. Under Georgia law, you can get a DUI behind the wheel of many vehicles.

What’s the Law?

Georgia law makes it a crime to drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive; or the person’s alcohol concentration is 0.08 grams or more.[1]OCGA § 40-6-391 (a).

What constitutes a vehicle?

            A “vehicle” is defined in OCGA §40-1-1 (75) to mean “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” This is a very broad definition as opposed to the more restrictive definition of, “motor vehicle,” found elsewhere in the Georgia statute.

            “Motor Vehicle” is defined as, “every vehicle which is self-propelled other than an electric personal assistive mobility device.” Therefore, both “vehicle” and “motor vehicle” cover the following devices: 

  • Lawn Mowers
  • Golf Carts
  • Motorized Scooters (electric or gas)
  • ATV/ Four Wheeler
  • Tractors

            But, as we saw earlier, the Georgia DUI statute applies to any moving vehicle and does not restrict itself to motor vehicle. As a result, we are left with a very broad definition which coulden compass a wide variety of devices one would not ordinarily associate with the offense of DUI. Take for example the following devices:

  • Bicycles and Rollerblades
  • Hoverboards
  • Skateboards
  • Horse-drawn Carriage
  • Construction Equipment

            In summary, if you decide to have a drink or two, please consider the wide variety of devices that fall under the term, “vehicle,” so as to avoid an arrest for DUI. If you do find yourself arrested for DUI, call our office at 404-581-0999 and let experienced attorneys guide you through this process. 

by Casey Cleaver

[1] See Georgia Statute for full description

Georgia DUI Blood Cases

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Can The Government Take My Blood for DUI?

This section addresses the question of how law enforcement can legally obtain an individual’s blood in the context of a DUI arrest. Generally speaking, a law enforcement agent may obtain a person’s blood in three ways:

  • Pursuant to a lawful search warrant;
  • The presence of an emergency circumstance; and
  • Through that person’s consent

  • Search Warrant

“A suspect’s right under the Fourth Amendment to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood, and the extraction of blood is a search within the meaning of the Georgia Constitution.” Williams v. State, 296 Ga. 817, 819 (2015). There are generally two types of searches, those with a search warrant and those without. Warrantless searches are per se unreasonable, “subject only to a few specifically established and well-delineated exceptions.” Id.

Therefore, if a police officer can obtain a valid search warrant for your blood, then they are entitled to draw your blood for purposes of investigating a DUI. It is important to note that even though your blood may have been drawn legally; there are still viable defenses to blood analysis (discussed in section below).  

Emergency Circumstances

One of the “specifically established and well-delineated exceptions” to the search warrant requirement is the presence of exigent [emergency] circumstances. But what constitutes an emergency circumstance? The answer is . . . it depends.

Georgia case law used to say that because intoxicants naturally dissipate in the body over time, this fact alone provided the exigency (emergency). Essentially, this meant that because the evidence of intoxication would disappear over time, the police would be prevented from obtaining that evidence if there was not enough time to get a search warrant. The Supreme Court of Georgia later adopted the United States Supreme Court’s decision rejecting this line of thought. The law now states that just because you have alcohol or another intoxicant in your system, that fact by itself does not create an exigency (emergency) justifying the drawing of a person’s blood. Instead, the court held, “whether a warrantless blood test of a drunk-driving suspect is reasonable [is to] be determined case by case based on the totality of the circumstances.”[1]

The resulting rule is that rather than automatically being entitled to drawing blood just because intoxicants naturally dissipate over time, courts will review police conduct on a case by case basis to determine whether an emergency situation exists sufficient to justify a blood draw.[2]

Defending Blood Test Cases

Analysis of a DUI suspect’s blood for intoxicants (alcohol or drugs) is considered to be the most reliable method of obtaining an accurate reading of a person’s blood alcohol content (BAC). This scientific procedure is designed to determine the amount of alcohol present in a person’s blood at a given time.

The BAC results from a blood analysis can be inaccurate, however, for a number of reasons:

  • Human error in performing the blood testing;
  • Flawed preservation and handling techniques of the blood sample;
  • Improperly maintained or malfunctioning machines which measure results;
  • Testing of blood plasma rather than whole blood can produce higher BAC readings;
  • Trauma or other incidents suffered by hospitalized suspect may affect BAC readings

Peach State Lawyers have been trained to attack the following aspects of blood test cases:

  • Qualifications of the person who drew the blood;
  • Qualifications of the analyst;
  • Whether the analyst followed laboratory procedures;
  • Whether the machine measuring results was working properly;
  • Whether the blood sample itself flowed through the proper chain of custody; and
  • Whether the analyst is required to testify

If you or someone you know has been arrested for DUI, do not hesitate to contact our office. Our highly skilled and experienced attorneys will work tirelessly to resolve your case. Feel free to call us 24 hours a day at 404.581.0999.

[1]  Missouri v. McNeely, 569 U. S. ___ (133 S.Ct. 1552, 1563, 185 LE2d 696) (2013)

[2] An potential example of such an emergency case is where there is a car accident and a DUI suspect is not located for several hours and after the suspect is found the police believe they do not have time to obtain a warrant; but they know if they do not get a blood sample soon, the possible evidence of intoxication will be lost.

 

by Casey Cleaver

Georgia DUI- What to Do

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Remain calm. Getting pulled over by the police is a stressful experience. By keeping cool and following these tips you will greatly decrease the likelihood of a DUI arrest and/or conviction.

Pull Over!

At this point the police officer will be documenting everything you do. You should slow down, signal, and pull over to the nearest and safest place possible. Even if you believe the officer is going to stop someone else, state law requires drivers to yield to emergency vehicles with activated lights.

Put your car in park, engage the parking brake, and turn off the engine. Roll down both driver and passenger front windows as the officer may approach from either side. You don’t have to roll the windows all the way down, just enough as to where the officer can clearly see and hear you. However, if the officer asks you to roll them all the way down, do so.

Place both hands on the steering wheel so the officer can clearly see them. Do not move your hands out of sight or in a fast motion. Doing so could unnecessarily escalate the situation. Also, address the officer as: officer, sir, or ma’am. Respect goes a long way with law enforcement, especially if they suspect you of DUI.

Have Your Documents Ready

Be sure to always keep your updated proof of insurance, driver’s license, and vehicle registration in a place that is easily accessible. If you are fumbling around or have difficulty in producing these items, the officer will perceive this as evidence of impairment and include it in their report. By keeping these documents together and accessible, you can save yourself a lot of trouble.

What to Say

Say as little as possible. Remember, everything you say and do is being documented in the officer’s mind and may also be recorded on a body or dash camera or microphone. Your answers to questions, and any inconsistencies in those answers, will be used in court against you if you are arrested for DUI. In addition, the less you say the less likely an officer can reasonably testify to you having “slurred speech” or “odor of alcohol” coming from your breath. These phrases appear frequently in Georgia DUI cases.  

The officer will likely begin the encounter by asking something like, “Do you know why I pulled you over?” This question is designed to get you in trouble. The best way to answer this question is by simply saying, “no.” By saying, “yes” you invite having to explain yourself. If you admit to breaking a traffic law, you not only establish probable cause to arrest for the traffic violation, but you also bolster the officer’s decision to stop your vehicle.

Next, the officer will likely ask you questions like:

  • Have you been drinking tonight?
  • How much have you drank tonight?
  • What did you drink tonight?
  • Where are you coming from?
  • Where are you going?

DO NOT ANSWER THESE QUESTIONS. Instead, politely say something to the effect of, “I do not wish to answer these questions.” If the officer tries to force the issue, politely ask if you need to get a lawyer.

UNDER NO CIRCUMSTANCES should you ever, ever, admit to drinking or describe how many drinks you’ve had. By doing so you are practically begging for the officer to arrest you, or at least thoroughly investigate you for DUI.

Decline to Perform Field Sobriety Tests

If an officer asks you to step out of the vehicle, do it. But DO NOT agree to perform any field sobriety tests (eye tests, alphabet tests, numerical counting tests, walking tests, balancing tests, etc.) DO NOT agree to a roadside breath test (portable breath test). Although the BAC number of a portable breath test is inadmissible (as opposed to the much larger Intoxilyzer breath machine at the police station or jail) , a positive result is a green light for the officer to arrest for DUI. A simple, “no thank you” or “I respectfully refuse” should be sufficient.

These tests are voluntary and are designed elicit failure. The officer who is deciding whether to arrest you will be the sole judge of your performance. Even if stone sober, you should decline to perform field sobriety tests.

If You Are Arrested…

Do not argue with the officer, you will not win. Do not ask for sympathy or try to explain why you cannot be arrested (work, children, etc.); you will only hurt your case. Remain silent. Again, everything you say can and will be used against you. ASK TO SPEAK WITH AN ATTORNEY even if the officer does not advise you of your right to an attorney.

When You Get to the Police Station

ASK FOR AN ATTORNEY. Renew your earlier request to speak with an attorney. This will prevent the officer from asking you additional questions until you have spoken with an attorney. Call us at 404.581.0999 and we will be glad to assist you. If you have the opportunity to meet with an attorney, be sure to ask the officer for privacy.

DO NOT ANSWER QUESTIONS. If arrested, the officer is supposed to advise you of your 5th Amendment Rights before questioning you. DO NOT WAIVE YOUR RIGHTS by voluntarily speaking with police. REMAIN SILENT. If you do not understand your rights, tell the officer you do not understand your rights. The officer cannot offer legal advice but does have to clarify confusion about the consequences of taking or refusing a test.

Exercise Caution in Agreeing to a Chemical Test  

Be extremely careful in deciding whether to submit to a chemical test of your breath, blood, or urine. Chemical tests are a double-edged sword. Refusing a chemical test benefits you by depriving the officer of potentially incriminating evidence produced by the test. But, if you refuse you suffer a “hard suspension” of your driving privileges for one year. If you have consumed a significant amount of alcohol, you should refuse the State chemical testing.

If you do submit to a chemical test ASK FOR AN ADDITIONAL INDEPENDENT TEST. You have the right to independent testing and the officer must reasonably assist you in obtaining the test.

Talk to a DUI Lawyer

If you or someone you know has been arrested for DUI, do not hesitate to call us. The offense of DUI is a vast and complex collection of laws that continue to puzzle lawyers and judges alike. Our office will assist in defending your case and getting the best resolution possible.

 

by Casey Cleaver

DUI Less Safe

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by Casey Cleaver

O.C.G.A. § 40-6-391 prohibits a person from driving or being in actual physical control of a moving vehicle when alcohol or a drug makes it “less safe” for that person to drive. The wording of the statute begs two major questions: (1) What does “less safe” mean? (2) How can the State prove alcohol or drugs made someone a less safe driver? This article serves to answer these questions.

In Jones v. State, the Georgia Court of Appeals held that the DUI statute does not require a finding that the driver was unsafe; it only requires a finding that the person was a less safe driver than they would have been were they not under the influence of alcohol [or drugs].[1] Therefore, there is no requirement that the person actually commit an unsafe act.[2]

In State v. Kachwalla the Supreme Court of Georgia held that “less safe to drive” under paragraph (a)(2) of O.C.G.A. § 40-6-391 and “rendered incapable of driving safely” under paragraph (a)(6) of O.C.G.A. § 40-6-391 set the same standard of impairment necessary to establish that a driver was driving under the influence of alcohol or other intoxicating substance.[3]

Case law indicates that circumstantial evidence, opinion testimony, and/or expert witness testimony can be sufficient to prove that drinking alcohol or doing drugs made a defendant a less safe driver.[4] These cases, however, seem to avoid the issue of how, if a witness does not know a defendant’s usual driving habits (e.g. he/she usually speeds, weaves, fails to use turn signals, etc.) that witness can determine whether in a particular situation, consumption of alcohol rendered the driver less safe. It seems necessary that in order to prove alcohol or drugs made someone a less safe driver, the State would also have to provide evidence of the defendant’s normal driving habits and then compare those normal habits against the driving observed by law enforcement.[5]

If you or someone you know has been charged with DUI under the “less safe” provision contact our office today for a free consultation.

[1] Jones v. State, 207 Ga. App. 469 (1993)

[2] Moss v. State, 194 Ga. App. 181 (1990)

[3] State v. Kachwalla, 274 Ga. 886, 887-888 (2002) (stating, “less safe to drive” and “rendered incapable of driving safely” are equivalent standards, legally, historically, and semantically)

[4] Dudley v. State, 204 Ga. App. 327 (1992) (holding expert witness testimony that the amount of cocaine found in defendant’s system would render him a “less safe” driver was sufficient to support the jury’s finding of guilt); Geoffrion v. State, 224 Ga. App. 775, 779 (1997) (holding testimony that the defendant weaved and crossed the centerline was sufficient evidence to sustain a verdict that defendant was a less safe driver); Duggan v. State, 225 Ga. App. 291, 293 (1997) (holding that when there is evidence that the defendant has been drinking, evidence of the manner of driving, including excessive speed, may be taken into consideration to determine whether the intoxicant affected him to the extent that he drove less safely); Hamilton v. State, 228 Ga. App. 285 (1997) (holding officer testimony regarding his observations of defendant and defendant’s performance on Field Sobriety Tests was sufficient to establish the defendant was intoxicated to the point that he was less safe to drive).

[5] See Peck v. State, 245 Ga. App. 599 (2000)

Georgia DUI – License Hearing and Ignition Interlock Device

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Do I fight for a license hearing or choose an Ignition Interlock Device? This is a tough question but one that must be answered within thirty days of your arrest. The Ignition Interlock device is a decent option for those individuals charged with a DUI-Refusal where they are facing a hard one-year suspension if they lose the administrative license hearing. The license hearing is the only recommended route for a DUI-Per Se case where you ultimately submitted to a chemical test of your blood, breath, or urine. This recommendation is based on the fact that you are eligible for a limited driving permit even if you lose the hearing. Installing the Ignition Interlock in this situation will just add unnecessary burden and expense. Still, many times we will advise you to submit a request for an administrative hearing even if you are facing the one-year hard suspension , but that decision is based on your personal needs and the facts of your case.

If you wish to file an appeal and request an administrative hearing, then the formal request must be mailed off within thirty days from the date of your arrest. Those are not thirty business days and that is a strict deadline so you must mail your request the Friday before the deadline if it falls on a weekend.

If you wish to go the Ignition Interlock route, then you must first install the Ignition Interlock device at a certified provider. With the Ignition Interlock installed, you must then go to your local DDS branch to show proof of installation and file a waiver of the administrative hearing.

Making this decision isn’t easy, but it’s often the first step of the DUI process. For an in-depth evaluation of all your options, call us today for a free consultation at 404-581-0999.

Atlanta DUI Lawyer

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by Mary Agramonte

If you or a loved one has been charged with an Atlanta DUI, picking the right criminal defense attorney can be challenging. You need to look to the credentials, success rate, and reputation of the attorney in the field. Even if you believe you are guilty of the DUI, it is still important to contact an attorney experienced in complex area of DUI law as having a knowledgeable DUI attorney can be the difference in saving and losing your driver’s license. There are some DUIs that if you plead guilty, your license is suspended without a limited permit. The license repercussions of a DUI conviction are one of many reasons to contact a DUI attorney.

Call our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Atlanta lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. We can be contacted 24/7 at 404-581-0999 and provide free consultations.

Our firm consists of six highly trained Atlanta and Fulton County attorneys. We have an office near the Municipal Court of Atlanta – and have successfully defended against hundreds of Atlanta DUIs. W. Scott Smith has 18 years of DUI under his belt. He is active The National College of DUI Defense, Georgia Association for Criminal Defense Lawyers, The Lawyer Club of Atlanta, the Cobb County Bar Association and the Sandy Springs Bar Association.

The address of the Atlanta Municipal Court is 150 Garnett Street. This court handles all cases where defendants are charged with traffic misdemeanors and local ordinances within the City of Atlanta in Fulton County. Atlanta has its own police department, and so if you are arrested for a DUI in Fulton County by an Atlanta Police Officer, your case will begin in the Atlanta Municipal Court. Additionally, if you are pulled over and arrested by a Trooper with the Georgia State Patrol within the City of Atlanta, your case will also begin in the Atlanta Municipal Court. DUI Court is currently held by Judge Bey at 1pm and 3pm daily. If you’ve been arrested and are in custody, Atlanta Muncipal Court Judges hold bond hearings Sunday through Friday, daily. The Atlanta Municipal Court does not always hold bond hearings Saturdays, so if you were arrested late Friday night or early Saturday morning you may not see a Judge until Sunday.

If you have been arrested with a DUI in Atlanta or in Fulton County, our lawyers are ready to fight to avoid a DUI conviction. We are a group of knowledgeable attorneys prepared to defend against your Atlanta DUI in order to best protect your freedom and your license. If you have been charged with Driving under the Influence and your case is in the Atlanta Municipal Court, call a law firm with the experience necessary to achieve the most favorable result for you.  We are available 24/7 to speak with you about your Atlanta DUI at 404-581-0999.

 

How Do I Get Out of the City of Atlanta Jail?

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by Ryan Walsh

You’ve been arrested in the City of Atlanta. You’re in the back of the patrol car and being transported to Atlanta Pre-Trial Detention Center. What do you do?

First, do not make any statements to the police while you are being transported to the Atlanta Pre-Trial Detention Center.

Second, do not make any statements about the facts of your case to anyone at the Atlanta Pre-Trial Detention Center. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

You’ve been taken to the Atlanta Pre-Trial Detention Center because your case is going to be beginning in the City of Atlanta Municipal Court. The City of Atlanta Municipal Court has jurisdiction (or responsibility) in handling all traffic offenses, some state law misdemeanors including possession of marijuana, theft by shoplifting, and disorderly conduct; and all City of Atlanta ordinance violations.

You are entitled to a bond on all of these charges. Your bond will be set after first appearing in front of a Judge in most circumstances. City of Atlanta holds first appearance hearings Sunday through Friday. They do not hold first appearance hearings on Saturday, so if you’ve been arrested after first appearance on Friday, you may have to wait until Sunday to go in front of the Judge to get a bond.

The City of Atlanta Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

There are several types of bonds available for your case.

  1. Cash Bond: The first option in the City of Atlanta is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  2. Bail Bondsman: The second option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The City of Atlanta jail will provide you with a list of approved bonding companies.
  3. Signature Bond: In certain circumstances you will be released on Signature bond. A signature bond means you are signing your own bond, promising to appear in court on the next scheduled date.

If you or your loved one is arrested and taken to the Atlanta Pre-Trial Detention Center, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

 

 

Georgia’s New Distracted Driving Law for Georgia Drivers

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by Mary Agramonte

 

As you have probably heard, Georgia’s new law on Distracted Driving will become effective on July 1, 2018. Georgia’s legislature has made the use of a cell phone will driving illegal in response to an alarming rise of traffic fatalities and serious injuries from car accidents.

The new law will prohibit Georgia drivers from the following:

  • Holding a cell phone at all
  • Texting, reading/ sending emails, using internet
  • Watching or recording videos

The following use of electronic devices will still be allowed even under the new law:

  • Speaking/texting with voice based communication
  • Using an earpiece or Bluetooth to talk on the phone
  • Using a navigation or GPS app

The punishment under this new law will be fines, fees, and points. Specifically, for a first conviction in 24 months, you will face a fine of $50.00 which will not include any surcharges and taxes. A second conviction will increase to $100.00 plus court costs and surcharges.

While the cost is fairly slight for a traffic offense, there will be other repercussions of the law. If an officer sees you on the phone, he now has the ability to pull your vehicle over which in some cases could lead to more serious charges. For example, an officer who has lawfully pulled you over for using your phone can then observe an odor of alcohol coming from your vehicle which can then lead to a DUI arrest.

Overall, this bill is being enacted to save lives as talking and texting on a cell phone while driving places other drivers and pedestrians at risk. According to the Governors Highway Safety Association, Georgia will now join the other 47 states that have already enacted laws prohibited texting and driving.