Another Midtown Atlanta Road Rage Incident Reported

Atlanta Municipal Court

Atlanta, Ga. - According to reports out of Midtown Atlanta, a driver was shot while traveling in the 100 block of Peachtree Place.

The shooting occurred around 10:00 AM on Sunday. They discovered the driver shot in the abdomen and the leg. He was taken to a local hospital. Police are still searching for the shooter. He fled the scene before officers were able to arrest him.

As an Atlanta DUI Lawyer, I will be focusing on what is likely to be the initial offense in this case - aggressive driving. Aggressive driving is a rare offense as it typically results in even more serious offenses such as this case. However it is a very serious traffic offense - much like DUI in Atlanta.

Aggressive Driving

O.C.G.A. §40-6-397 outlines aggressive driving as:

A person commits 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, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.

Aggressive driving refers to any sort of selfish, unsafe and risky driving behavior that shows disregard for the safety of other drivers.

If the facts above that have been reported are true, then this was probably the driver's driving behavior toward the other vehicles around him before he pulled the gun. 

Some common examples of aggressive driving behaviors include weaving in and out of traffic, changing lanes without signaling, passing in no-passing zones or emergency lanes, forceful merging, failing to yield, cutting off other drivers at close range, speeding, inappropriate gesturing and hand signals, inappropriate use of horns, flashing headlights, and tailgating.

Aggressive driving is a high and aggravated misdemeanor in the state of Georgia. This means that the offense falls into the middle ground between a misdemeanor and a felony. An aggressive driving conviction can result in up to 12 months of jail time as well as fines up to $5,000.

Practice Note

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