Aggressive Driving in Georgia
Aggressive driving is a well known offense that is sometimes called "road rage". Many people associate aggressive driving with reckless driving. While they are similar, they are separate charges with an aggressive driving conviction having severe consequences. If you or a loved one has been charged with aggressive driving, you need to contact our lawyers immediately. An aggressive driving conviction has the ability to drastically impact your future. Our Georgia Lawyers understand how important this case is to your future and we will use our knowledge and expertise to get you a great outcome. Call us now for a free case evaluation.
What is Considered Aggressive Driving in Georgia?
O.C.G.A. § 40-6-397 defines the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.
The key element of aggressive driving is that the action must have been taken intentionally toward an individual. This is the main difference between aggressive driving and reckless driving because reckless driving is not directed toward a specific person. It is a reckless disregard for all people.
Similar to reckless driving, there is no set definition for what constitutes aggressive driving. It forces the officer to make determinations on the behavior of the accused driver. Some examples of aggressive driving include but are not limited to:
- Flashing headlights or high beams
- Brake checking
- Blaring horn
- Weaving in and out of lanes of traffic
- Forceful merging
- Cutting other drivers off
- Failing to yield
Please note that this is not an exhaustive list of behaviors that can be considered aggressive driving.
Penalty for Aggressive Driving Conviction in Georgia
A person convicted for aggressive driving in Georgia will be guilty of a misdemeanor or a high and aggravated nature. The punishment is a fine up to $5,000, a jail term for up to 12 months, or both. You have the option to plea nolo contendere and no points will be assessed on your license. You can use this once every five years.
In addition, an aggressive driving charge will add 6 points to your license. An accumulation of 15 or more points in a 24 month period will result in a suspension of your driver's license. If you are under 21 years of age, an aggressive driving conviction will suspend your license for a six month period. This will be a hard suspension and you will not be eligible for a limited driving permit. Furthermore, you are not able to use the nolo contendere plea.
Lastly, because aggressive driving is considered a form of negligence, if an accident is caused by the aggressive driving, the victim can seek damages in a civil lawsuit. The damages can include compensation for loss of income, pain and suffering, disability, medical expenses, and punitive damages.
Contact Our Georgia Lawyers Today
If you have been charged with aggressive driving, it is imperative that you hire an experienced Georgia Aggressive Driving Lawyer. As noted above, the consequences are severe and far reaching. With over 25 years of experience, we understand the penalties you are facing and how it will impact your future. We want to protect your rights, freedom, and future. Let us help you today. Take action by calling us now.