If you have been charged with aggressive driving in northern Georgia, you may be confused about both the charges and the punishments if convicted. You are not alone. 

  • In 2010, Georgia was one of only 14 states that had enacted aggressive driving laws. 
  • And, as in the other 13 states, Georgia’s laws cover a wide range of driver behavior. 

Georgia Code 40-6-397 defines aggressive driving as the:

Intent to annoy, harass, molest, intimidate, injure or obstruct another person, while doing one of the following: 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.

This definition is complicated, and to defend yourself against this charge, you may want to consider hiring a north Georgia traffic violation attorney to help you sort out exactly what you have been charged with and how to launch an effective defense.

The Penalties for Georgia Aggressive Driving Convictions

Just like the law itself, the penalties for driving aggressively vary greatly from state to state. In Georgia, the code states that, “Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.” And a misdemeanor will become a permanent part of your criminal record. 

In addition to being permanently branded a criminal, if you are convicted of aggressive driving in Georgia, you may be facing jail time, community service, fines, and six points on your driver’s license. This puts you well on the way to license suspension if you hit a total of 15 in a 24-month period of time. Furthermore, if the aggressive driver is under the age of 21, he could have all driving privileges suspended.

What if You Were Not Driving Aggressively?

Chances are, if you were charged with aggressive driving, you were doing something out of the ordinary and were possibly involved in an accident. But you also may not have been purposely violating the rules of the road. 

Georgia law clearly states that you intended to cause harm to another person. And this is pretty hard to prove in court. From false statements by witnesses to the overall confusion of an accident and/or arrest, many factors must add up to a clear case of intent of harm. 

Because of the complexity of this charge, it is entirely possible that you never intended to harm anyone or anything and that a completely different scenario occurred. But when you are facing possible jail time and much more, how can you prove it?

The Law Office of Scott Miller in Alpharetta represents clients like you all the time. As an experienced and successful north Georgia traffic violation attorney, Scott can help you get beyond this and get on with your life. Contact us today for a free initial consultation.

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