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Georgia Criminal Law and DUI Updates

William S. Hardman, Jr.
​Attorney at Law

The Handsfree Law in Georgia-What you can and cannot do

12/26/2019

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Texting while driving is a common way to get pulled over in Georgia. Below is a short summary of the law and what is allowed and what is not allowed in Georgia and the penalties for violations of the law:

What is allowed:
1) Earpieces and headphones;
2) Apple Watches;
3) Siri- you can press one button to activate your siri assistant on your device;
4) You can use your GPS but cannot type in an address while you are moving.
**You are allowed to make emergency calls for emergency situations without using a hands-free device. It is relatively unlikely however that you will be pulled over for a situation where you are making an emergency call.

What is NOT allowed:
1) Taking off your seatbelt to reach for your phone;
2) holding or supporting your phone with any part of your body (it cannot be sitting in your lap)
3) Any type of messaging (text, Facebook, email or other type of message)
4) Recording any type of video while you drive ( if there were to be a legal search of your information, you should not have a live video or picture posted to your social media account while driving or that evidence may be used against you)

PENALTIES:
All violations of this section of Title 40 of the traffic code are misdemeanors.
1st Violation- Up to a $50 fine and 1 Point on your license
**If it is your first offense and you are able to show a receipt that you have purchased a hands-free device, your fine will be waived and there will be no points assessed on your driver's license. 
2nd Violation- Up to a $100 fine and 2 Points on your license
3rd Violation- Up to a $150 fine along with 3 Points on your license

​Note: Many DUI cases and other types of criminal investigations begin with a stop for someone using their phone while driving. You may also be held liable for personal injuries or property damage if it is proven that you were using a mobile device while driving. It is important to make sure that you have a hands-free device to avoid any negative consequences to you, your license or another person due to using a mobile device while driving.




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William S. Hardman, Jr., P.C.
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Phone 770-530-1164
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No information contained on this website is to be construed as legal advice in your case.  Please consult with a licensed Georgia attorney before making any legal decisions in your case.
 
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  • Home
  • Do I need a 30-Day Letter in my DUI Case?
  • Location of your case
    • Enter the location of your case
    • Athens DUI Lawyer
    • Atlanta DUI Lawyer
    • Banks County DUI Lawyer
    • Barrow County DUI Lawyer
    • Blue Ridge DUI Lawyer
    • Buford DUI Lawyer
    • Clayton County DUI Lawyer
    • Clayton Georgia DUI Lawyer
    • Cobb County DUI Lawyer
    • Cumming DUI Lawyer
    • Dahlonega DUI Lawyer
    • Dekalb County DUI Lawyer
    • Flowery Branch DUI Lawyer
    • Fulton County DUI Lawyer
    • Duluth DUI Lawyer
    • Gainesville DUI Lawyer
    • Gwinnett County DUI Lawyer
    • Hall County DUI Lawyer
    • Lawrenceville DUI Lawyer
    • Newnan DUI Lawyer
    • Oakwood DUI Lawyer
    • Smyrna DUI Lawyer
    • Rabun County DUI Lawyer
    • Roswell DUI Lawyer
    • Statham DUI Lawyer
    • Suwannee DUI Lawyer
    • White County DUI Lawyer
    • Winder DUI Lawyer
  • Contact
  • DUI Cases In Georgia
  • Ask Us About Your DUI Case
    • Confidential DUI Online Inquiry Form
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    • Check My Georgia Driver's License Now
    • Traffic tickets and points on your license
    • Case Inquiry Form
    • Speeding tickets
  • Is my Georgia Driver's License suspended now?
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  • Georgia Criminal Law and DUI Updates
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