If you are slapped with aggressive driving charges in Georgia, you can be facing a permanent criminal record, jail time, community service, fines, and six points against your driver’s license. Is it worth it to hire an Alpharetta aggressive driving defense attorney to help? We think so.
Because the Georgia aggressive driving statute covers so many traffic offenses, your defense must be laid out carefully, depending on the circumstances. Georgia Code 40-6-397 includes the following offenses in its definition of aggressive driving:
- Overtaking and passing another vehicle.
- Violating traffic lane markings.
- Following too closely.
- Violating signal, lane change, slowing, or stopping laws.
- Impeding traffic flows.
- Reckless driving.
What do all these offenses have in common? They must have been committed with the “intent to annoy, harass, molest, intimidate, injure or obstruct another person.” And it can be very difficult to prove you had this intent.
What Can a Lawyer Do to Defend You against Aggressive Driving Charges?
While each case is different, there are some common ways a traffic violation defense attorney can minimize your penalties—and sometimes even get the charges dismissed. Here are some common aggressive driving defense strategies:
- Prove an Element of the Legal Definition of Aggressive Driving Is Missing: One of the first things we will do is study the ticket you were given and compare it to the exact wording of Georgia law. If something key is missing from the citation, your case could be easily won.
- Prove What You Did Was Legally Justified: There may have been circumstances in your case that show you did not intend to break the law. For instance, if you cut in front of a vehicle too closely because your vehicle failed or you were avoiding an accident, your action could be legally justified.
- Challenge Witness Statements: Many times witness statements are inaccurate. Carefully researching these statements and comparing them to the facts of the incident can almost always raise questions about their accuracy.
- Challenge the Arresting Officer’s Statements: While most judges are likely to believe the observations of the arresting officer, it is possible to challenge his or her version of events. For instance, perhaps the officer was in a bad position to see what actually happened, did not actually witness the infraction, or is basing his conclusions on faulty witness statements.
- Collect additional evidence: Finding additional witnesses, taking photographs of the scene, and preparing diagrams can all help your case.
Aggressive driving charges are serious, and having an experienced Alpharetta traffic violation attorney at your side can make a huge difference in the outcome of your case. Contact the Law Office of Scott Miller today for a free initial consultation.
