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Georgia holding phone while driving ban set to pass — The Armond Firm, LLC

Posted by Richard Armond | Mar 26, 2018 | 0 Comments

As a personal injury and wrongful death lawyer in Lawrenceville, Gwinnett County, Georgia, who handles cases throughout metro Atlanta and the State of Georgia, I have made frequent blog posts following this year's session of the Georgia General Assembly and the hands-free driving bill. HB 673, which bans driving while holding a phone, appears to be set to pass through the Senate for the governor's signature according to WABE

Supporters of the bill estimate it may reduce traffic fatalities by 20 percent annually, amounting to 300 lives saved on Georgia roadways each year.

The current Georgia laws combating distracted driving are often unenforceable. While O.C.G.A. § 40-6-241.2 bans sending or reading text messages, another similar statute, O.C.G.A. § 40-6-241, allows for the "proper use" of mobile telephones. 

In order to stop a vehicle for a violation of the law, a police officer must have a reasonable, articulable suspicion before activating the blue lights and using police power to effectuate a traffic stop. It is currently very hard to make such a stop when a person is allowed to dial phone numbers and look at a phone to do so. Further, even if an officer has specific facts to believe a person is texting rather than engaging in "proper use" the officer cannot look into a person's phone without either consent of the person or a search warrant (a significant hurdle on a routine traffic stop). 

The new law may make enforcement easier and cut down on dangerous distracted driving activities. This may make Georgia roads safer for everyone.

If you or a loved one would like to speak with a Georgia personal injury and wrongful death lawyer please contact Richard Armond at (678) 661-9585 for a free consultation today.

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

About the Author

Richard Armond

Contact attorney Richard C. Armond at (678) 661-9585 for a free consultation. Experience: Trial Attorney, The Armond Firm, LLC, May 2017 to Present Assistant District Attorney, Gwinnett County District Attorney's Office, January 2011 to May 2017 Senior/Supervising Assistant District Attor...

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The Armond Firm, LLC, all rights reserved. Attorney Richard C. Armond is licensed in the State of Georgia. This website is for informational purposes only and no information on this site should be taken as legal advice, nor does any use of the information constitute an attorney-client relationship with any visitor to the site. Always seek legal advice from a licensed attorney.

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