Menu Contact

Texting While Driving in Georgia

§ 40-6-241.2. Wireless telecommunications device use prohibited

Leave it to our wise overlords to create another confusing statute, designed to protect us, that exempts most government workers who, I guess, are allowed to endanger us while doing their jobs.

The “texting while driving” statute couldn’t possibly be called “texting while driving”. It’s gotta be something that makes the average non-lawyer look right past it when trying to find out what the law actually is. Well, hopefully, this will help.

Yes, a wireless communication device means your cell phone. You may not drive, on any road, while using your cell phone to write, send, or read a text message, instant message, e-mail, or Internet data.

So, that means, you may talk on the phone. It's a bit ambiguous, but it appears that "navigation devices" are excluded from the definition. Even if it isn't, the statute does not explicitly exclude the use of your cell phone for navigation purposes.

The statute includes a number of exceptions including:

(1) Reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the person reasonably believes a person's health or safety is in immediate jeopardy;


 Why anyone would use text, IM or the internet to report such a thing? I just don’t know.      


(2) Reporting the perpetration or potential perpetration of a crime;


Why anyone would use text, IM or the internet to report such a thing? I just don’t know.


(3) A public utility employee or contractor acting within the scope of his or her employment when responding to a public utility emergency;


Because it’s okay for them to endanger your life if someone’s power it out.


 (4) A law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or


 Because it’s okay for them to endanger your life when responding to a shoplifting call at WalMart.


 (5) A person engaging in wireless communication while in a motor vehicle which is lawfully parked.


This falls under the "Duh!" category.


 Amazingly, the fine for this is capped at $150 and the statute disallows court costs and taxes. Additionally, only 1 point will be assessed on your license for a guilty plea or if convicted.


For additional questions, please email me at jason@carnellfirm.com or call me at 770-729-4809.


 - Jason Carnell

No Comments

Leave a comment
Comment Information
  1. Testimonials

    “He was a great lawyer for my lawsuit. He provided great information about my case and was prompt with any changes during the whole process. He worked very hard in getting me best deal. I would use his services again.”

    - James Wright

  2. Testimonials

    "Jason handled two cases for me, one in Cherokee County and the other in Fulton. He honored a two year old promise to handle the 2nd one for free. He did a great job on both and I'd recommend his services to anyone needing legal assistance. He honors his word and understands the law."

  3. Testimonials

    "Jason kept me informed on the status of my case. He thoroughly explained what my options were and the benefits / drawbacks of each option. I highly recommend Jason if you have need for an attorney."

    Robert Thigpen III

Contact Us Today For The Help You Need

There are hundreds of attorneys in metro Atlanta who would love to have your business. The choices can sometimes seem overwhelming, but I can tell you this: Nobody is going to work harder to earn your respect and do right by you and your family than me and The Carnell Law Firm, LLC. You don't have to take my word for it; look over the testimonials from clients who have been satisfied with my work on their behalf, and explore my website to learn more about me and my practice. Then contact my firm online or call us for a free consultation at 770-729-4809. I look forward to hearing from you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

4056 Wetherburn Way NW, Ste 3
Peachtree Corners, GA 30092

Phone: 770-729-4809
Fax: 770-308-4226
Peachtree Corners Law Office Map