If A Driver Is Convicted Of Violating The Hands Free Ga Law, They Will

If a driver is convicted of violating Georgia’s Hands-Free Law (O.C.G.A. § 40-6-241), they will face penalties that escalate with each offense within a 24-month period. Georgia’s Hands-Free Law was enacted to reduce distracted driving and make roads safer for everyone. Under this law, drivers are prohibited from holding or using a mobile phone or other electronic device while operating a vehicle. 

But what happens if you’re caught breaking this rule? A conviction for violating the Hands-Free GA Law carries real consequences that can affect your driving record, insurance rates, and even your finances. Understanding these penalties is key to staying compliant and avoiding costly mistakes behind the wheel.

Below is a detailed breakdown of the consequences, based on information from the Georgia Governor’s Office of Highway Safety and other reliable sources, ensuring accuracy and alignment with your interest in Georgia-specific legal details from prior wrongful death conversations.

Penalties for Violating Georgia’s Hands-Free Law

• First Conviction:
  • Fine: Up to $50.
  • License Points: 1 point added to the driver’s license.
  • Dismissal Option: First-time offenders can have the charge dropped by presenting proof in court of purchasing a hands-free device (e.g., Bluetooth or earpiece) and affirming they haven’t previously used this privilege.
  • Example: A driver caught texting on I-75 can avoid penalties by showing they’ve obtained a voice-to-text compatible device.
• Second Conviction (within 24 months):
  • Fine: Up to $100.
  • License Points: 2 points added to the driver’s license.
  • No Dismissal Option: The charge cannot be dropped, and penalties are enforced.
  • Impact: Accumulating points may lead to increased insurance premiums, with estimates of a 20-50% rate hike for 2 points.
• Third or Subsequent Conviction (within 24 months):
  • Fine: Up to $150.
  • License Points: 3 points added to the driver’s license.
  • Additional Risks: Accumulating 3 or more points in a short period may trigger license suspension, especially for drivers under 21, and significantly higher insurance costs.
  • Example: A third violation on GA-400 could result in $150 fine, 3 points, and potential suspension if combined with other traffic offenses.

Additional Consequences

• Insurance Premium Increases: Points on a driver’s license signal higher risk to insurers, leading to premium hikes. A single point may add ~$29 annually, while multiple points can increase rates by 20-50%.
• License Suspension: Accumulating 15 points within 24 months (for drivers 21+) or 4 points (for drivers under 21) can lead to license suspension under Georgia’s point system (O.C.G.A. § 40-5-57). Hands-Free violations contribute to this threshold.
• Civil Liability: If a violation causes an accident, the driver may face civil lawsuits for damages, such as medical bills or pain and suffering. In wrongful death cases, like a fatal crash on I-285, families can pursue significant compensation under O.C.G.A. § 51-4-1, as noted in your prior interest in wrongful death damages.
• Defensive Driving Course: Some courts may require repeat offenders to attend a defensive driving course to educate on distracted driving dangers, though this isn’t automatic for Hands-Free violations.
• Criminal Penalties: Each violation is a misdemeanor, potentially leading to court costs or probation for repeat offenders, though fines and points are the primary penalties.

Context and Exceptions

• Law Overview: Enacted July 1, 2018, the Hands-Free Georgia Act prohibits holding or supporting a phone while driving, including at red lights, unless lawfully parked. Allowed actions include using hands-free devices (e.g., Bluetooth, voice-to-text, GPS navigation) or emergency calls (e.g., 911). Exemptions apply to first responders, utility workers in emergencies, or parked vehicles.
• Enforcement: As a primary offense, police can stop drivers solely for Hands-Free violations, with no grace period since 2018. Enforcement has reduced distracted driving fatalities from 82 in 2017 to 43 in 2019.
• Relevance to Wrongful Death: A driver violating the Hands-Free Law and causing a fatal accident may face punitive damages in a wrongful death lawsuit, as these actions demonstrate egregious misconduct, aligning with your prior focus on Georgia wrongful death damages (O.C.G.A. § 51-12-5.1).

Critical Considerations

• Act Promptly: For first-time offenders, obtaining a hands-free device before a court date is critical to dismiss charges. Repeat offenders should consult an attorney to mitigate points or fines, especially if facing civil lawsuits.
• Insurance Impact: Even one point can raise premiums, and multiple violations compound this cost, making compliance or legal defense essential.
• Civil Lawsuits: If a violation causes injury or death, damages can far exceed fines. For example, a distracted driving crash in Atlanta could lead to millions in liability for medical costs or loss of companionship, as seen in wrongful death cases you’ve explored.

Contact a Georgia Attorney for Support

If you’re facing penalties for violating Georgia’s Hands-Free Law or were injured in an accident caused by a distracted driver, legal guidance can protect your rights. At Wetherington Law Firm, our experienced attorneys, led by Matt Wetherington, help clients navigate traffic violations and pursue compensation for injuries or wrongful death. Call us at (404) 888-4444 or fill out our online contact form for a free, no-obligation consultation to discuss your case.