Atlanta, Ga. - A recent victim of an alleged road rage incident made a statement to police, "Atlanta, I understand we are under a lot of stress. This entire situation has stressed us all out. But every single car contains a family member to someone and they matter.”
As an Atlanta DUI Lawyer, I believe this reminder speaks volumes. I frequently handle cases involving road rage or other serious traffic violations such as driving under the influence in Atlanta. The reality is that not everyone who is arrested or accused of traffic crimes is guilty of those offenses. However, there are times where drivers are guilty. Either way attorneys are here to help through the criminal process.
The victim above reported that another driver was traveling around 90 MPH where I-85 and I-285 meet. The victim stated that the driver attempted several times to get around her and drove into the shoulder to pull up parallel with her vehicle. He then pointed a gun at her and sped off. In today's post, I will focus on the crime behind road rage - aggressive driving.
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
As I mentioned above, a lawyer's role is to navigate the complicated criminal process. We can help you with your case now if you have been arrested or cited. Call us today.
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