Aggressive Driving
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Aggressive Driving

If you’re facing an aggressive driving ticket in the state of Georgia, understanding what counts as aggression and knowing your options is key. According to the Official Code of Georgia Annotated (OCGA) Section 40-6-397, aggressive driving includes any specific acts that threaten harm or have the potential to create a dangerous situation on public roads and highways. These include tailgating, weaving between lanes without signaling and passing vehicles unsafely - all of which can result in serious traffic violations with potentially life altering consequences if convicted. This post will provide an overview of Georgia's laws concerning aggressive driving, what happens when you receive a ticket for it, and offer additional resources to help you navigate this challenging situation.

What is considered aggressive driving in Georgia (OCGA 40-6-397)

In Georgia, aggressive driving is a serious offense that carries with it steep fines and penalties. According to OCGA 40-6-397, someone commits the offense of aggressive driving when that person operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. Therefore, behaviors such as excessive speeding, tailgating, sudden lane changes, and running stop signs or red lights all fall under the category of aggressive driving.

The aggressive driving code section specifically includes (but does not limit the driving behavior to) the following other violations, stating they are aggressive driving, provided they were done with such intent to annoy, harass, molest, intimidate, injure, or obstruct another person:

  • OCGA 40-6-42 (overtaking and passing generally)
  • OCGA 40-6-48 (rules regarding driving on roadways laned for traffic)
  • OCGA 40-6-49 (following too closely)
  • OCGA 40-6-123 (turning movements; signals required on turning, changing lanes, slowing, or stopping)
  • OCGA 40-6-184 (impeding traffic flow; minimum speed limits; slower driving in a passing lane)
  • OCGA 40-6-312 (operating motorcycles on roadway laned for traffic),
  • OCGA 40-6-390 (reckless driving)
  • OCGA 40-6-390.1 (reckless stunt driving)

These actions not only put the driver at risk but also other passengers and pedestrians on the road. It is important to note that even if these behaviors do not result in an accident, they are still illegal and can result in severe consequences for the driver. It is essential that all drivers operate their vehicles responsibly and obey traffic laws to ensure the safety of themselves and others on the road.

Consequences of conviction for an aggressive driving offense

When it comes to aggressive driving, the consequences of a conviction can be high. Not only can it lead to fines and points on your license, but it can also result in the loss of your driving privileges or even jail time in certain cases. Specifically, a conviction for aggressive driving in Georgia is considered a high and aggravated misdemeanor. This means that upon conviction, you will have a fine of up to $5,000 (versus the limit of $1,000 for a regular misdemeanor), possible jail time of up to 12 months, and receive 6 points on your license.

Drivers under 21

If you are a driver under 21, you will automatically have your license suspended as a result of the conviction - it will be a 6 month suspension for a first offense, and you cannot have any sort of limited driving permit, nor can you plead "no contest" (or "nolo contendere") in order to avoid the suspension. For a second or more offense, it is a hard 12 month suspension. In order to get your license reinstated after the suspension time is up, you must attend and submit proof of a Georgia Department of Driver Services (DDS) Defensive Driving Course, pay a reinstatement fee of $210 for a first offense ($310 for a second or more offense), and, if ordered by the Court, you will need to also attend and show proof of a DDS-approved Risk Reduction Course.

Drivers 21 and older

For drivers 21 years of age or older, an aggressive driving conviction will not automatically suspend your license, however it will get you much closer to a points suspension. If you have 15 or more points on your record in any given 24 month period, your license will automatically be suspended. You'll have to take a DDS-approved Defensive Driving Course and pay a reinstatement fee in order to get your license back.

Insurance

Also, one lesser-known consequence is the impact an aggressive driving charge can have on your insurance rates. A conviction for aggressive driving can lead to higher insurance premiums, making it even more important to drive safely and responsibly on the road. Taking steps to avoid aggressive driving behaviors can not only help keep you and others safe, but it can also save you from the financial and legal consequences that come with a conviction.

Tips to avoid aggressive driving

With the increasing number of vehicles on the road, aggressive driving has become a major issue that can lead to accidents and even fatalities. As a responsible driver, it's essential to avoid engaging in this behavior and to recognize signs of aggressiveness in others. To prevent yourself from becoming an aggressive driver, it's important to remain calm behind the wheel, avoid cutting off other drivers, and refrain from making angry gestures or shouting. Additionally, it's crucial to follow traffic laws and be considerate of other drivers on the road. By adopting these tips and practicing defensive driving techniques, you can help to promote a safer and more peaceful driving experience for everyone.

What to do if you get pulled over for suspected aggressive driving

Getting pulled over for suspected aggressive driving can be a nerve-wracking experience. To handle the situation well, it is important to remain calm and cooperate with the officer. Pull over to a safe and well-lit area as soon as possible. Keep your hands visible and avoid sudden movements. If you do get a ticket, it is best to accept it and follow up with the court if you want to fight it. It is also a good idea to reflect on your driving behavior and make changes if necessary. Remember, driving aggressively not only puts yourself and others in danger but can also result in legal consequences.

How an attorney can help you in traffic court for your aggressive driving ticket

Navigating traffic court can be overwhelming and intimidating, especially when you have been issued a ticket for aggressive driving. That is where an experienced attorney can be invaluable. Hiring an attorney to represent you in court can help you understand the legal process, build a strong defense, and potentially negotiate a lesser punishment. An attorney can also investigate the circumstances surrounding your ticket and challenge the evidence against you. Specifically, since aggressive driving is an intent-based charge, the attorney could help craft a defense to show that your intent was not to annoy, harass, molest, intimidate, injure or obstruct - which is imperative to beat such a ticket. With their knowledge and expertise, they can guide you through the complex legal system and work towards a favorable outcome for your case. Trusting an attorney to advocate for your rights and defend your interests can give you peace of mind and the best chance of success in traffic court.

In conclusion

Aggressive driving is a serious offense in Georgia, and should not be taken lightly. If you find yourself being charged with an aggressive driving offense, it’s important to remain calm and seek legal advice from a qualified attorney familiar with traffic court and Georgia laws. An experienced attorney can help you fight your ticket and minimize the potential consequences of conviction. It is also important to remember that if you are given tips to avoid aggressive driving, such as pacing, practicing conscious breathing, or listening to calming music prior to getting behind the wheel, it is important to follow them every time you are driving. Taking preventative measures may prove your innocence in court. Following the points expressed in this blog post can help ensure road safety while avoiding hefty fines and even potential jail time and license suspension resulting from aggressive driving violations.