If you drive around Atlanta long enough, you have probably seen the signs that say things like “Phones Down. It’s the Law.” They are everywhere. But a large number of people still are not totally sure what the “Georgia Hands-Free Law” actually means.
Some folks assume it is only a texting and driving law in Georgia. Others think Bluetooth makes them immune. And a lot of people honestly just do not pay attention to GA driving laws 2023 until they get pulled over, or worse, until they are in an accident.
At The Issa & Castro Law Firm, we deal with the aftermath of distracted driving every day. And we can tell you that the law was not written just to hand out tickets. It was written because too many people were getting injured or killed by drivers who could not resist the urge to grab their phones.
Why Georgia Decided Enough Was Enough
Prior to 2018, Georgia technically had a ban on texting while driving. On paper, it sounded good. In practice? It’s almost impossible to enforce. If a cop pulled someone over, the driver could just shrug and say, “I was dialing a number” or “I was checking the time.” And that was that.
Meanwhile, distracted driving crashes kept piling up. Families were losing loved ones, and lawmakers realized the existing law had no bite. So, the state hit reset and came up with something much clearer: if you are driving, you cannot hold your phone. Period. It makes it easier for officers to enforce, and it takes away the excuses.
Hands-Free GA Law: What You Can and Cannot Do
Things You Cannot Do While Driving in Georgia
- You cannot hold your phone in your hand.
- You cannot type out texts, emails, or messages.
- You cannot scroll through TikTok or check Instagram.
- You cannot record videos while driving.
- You cannot type in an address while your car is moving.
Things You Can Still Do Legally While Driving in GA
- Talk on the phone with Bluetooth, an earpiece, or a speakerphone.
- Use voice commands for texting or calling.
- Use GPS, but only if you set it up before you start moving.
- Stream music or podcasts, as long as you are not fiddling with your phone to do it.
- Hold the phone if you are calling 911 in an emergency.
If your hands are on your phone and your car is moving, you are probably breaking the law.
Exceptions to Georgia’s Hands-Free Law
If you are behind the wheel of a motor vehicle in Georgia, you cannot hold a wireless telecommunications device or a standalone electronic device in your hand. Instead, you have to rely on hands-free technology for things like voice communication or text-based communication. There are a few commonsense exceptions.
For instance, if you are emergency medical services personnel, a law enforcement officer, or a utility services provider acting as part of their official duties, you are allowed to use such a device. This is permitted under the Hands-Free Georgia Act.
Everyday drivers can still use tools like a global positioning system receiver, play music streaming apps, or keep continuously running dash cams rolling, as long as the telecommunications device or stand is set up before they hit the road.
The law even makes room for specific needs, like operating a prescribed medical device, accessing a remote diagnostics system, or using a personal digital assistant.
Repeat Offenders Face Higher Penalties
What really matters is how the penalties stack up. A first conviction is lighter, but a second conviction adds more weight, and by the time you hit a third or subsequent conviction, you are looking at steeper fines and points on your driver’s license.
The idea is to discourage repeat behavior and keep drivers from getting too comfortable breaking the rules. Even situations like a medical emergency or a utility emergency do not give such driver a free pass to scroll through internet data, check video data files, or fiddle with electronic devices while driving.
And while certain tools like a citizens’ band radio hybrid, a ham radio device, or hands-free technology fall into such exclusion, most of us are better off keeping it simple: set up your tech before driving, buckle your safety belt, and keep your eyes on the road. If you do not, chances are high that such prosecution will follow.
In short, the law is less about banning such devices or standalone gadgets and more about making sure people use such vehicles responsibly.
Fines and Points If You Break the Hands-Free GA Law
Here is how the penalties stack up:
- First offense: $50 fine and 1 point on your license.
- Second offense: $100 fine and 2 points.
- Third or more: $150 fine and 3 points.
How Our Atlanta Car Accident Attorneys Prove the Other Driver was Distracted
The types of evidence we look for may include:
- Cell phone records showing exactly what the passenger or commercial motor vehicle driver was doing at the time of the crash.
- Witnesses who saw the driver holding or looking down at their phone.
- Traffic or business cameras that catch the driver in the act.
- Accident reconstruction reports showing delayed braking or swerving that indicates distraction.
- The driver’s own words, some may say, “I just looked down for a second.”
The point is to build a rock-solid picture of what happened so an insurance company cannot wave it away as “just an accident.”
Get Our Experienced Georgia Car Accident Lawyers on Your Side
At The Issa & Castro Law Firm, we believe in putting people over profits, and part of that means fighting for clients who were injured because someone else could not wait to check a notification on their phone. If you have been hit by a distracted driver, you should not have to deal with the legal system alone. Our Atlanta car accident attorneys will fight tooth and nail to prove the liability of the negligent parties and pursue the largest possible compensation for you. To schedule your free consultation, call us at (470) 200-6927 or contact us online.