Exercise Due Care Charges in Atlanta

Georgia motor vehicle operators face a variety of charges for texting and other types of distracted activity while driving. One of these laws specifically addresses the use of “due care” by Georgia motorists.

While there are many serious car accidents that occur each year because motor vehicle drivers have failed to exercise due care, there are just as many motor vehicle accidents that occur where a driver has likely demonstrated due care but law enforcement has initiated a charged against the driver anyways.

Applicable Georgia Law For Failure To Exercise Due Care

Law in the state of Georgia dictates that motor vehicle drivers must exercise due care while operating a motor vehicle and shall not engage in any type of distracted driving behavior while operating a motor vehicle. The proper use of an amateur ham radio, a citizen’s band radio, a mobile communication device, or radio is excepted under this law.

Law enforcement in the state of Georgia has significant discretion in deciding whether an individual has violated the applicable “due care” law and often use the charge as a catch-all against motor vehicle operators.

A law enforcement officer might decide that it is necessary to provide a motor vehicle operator with a ticket if the individual appears to be distracted by using their cell phone or any other device while driving including changing the radio station, talking on the phone or participating in any activity that affects an individual’s ability to focus on the road.

As a result, these due care cases often greatly depend on a law enforcement’s interpretation of whether an individual’s driving ability was impaired. The United States Department of Transportation defines distracted driving as non-driving activity that an individual engages in while operating a motor vehicle that has the potential to distract the individual from safely driving the vehicle.

Potential Defenses For Failure To Exercise Due Care

There are several strong defenses that individuals can raise in defense to due care charges. Many defenses arguing that an individual’s behavior occurred in a safe and appropriate manner. The burden of demonstrating that a motor vehicle driver has failed to display “due care” relies on law enforcement, which means that the charge will not succeed if law enforcement can not demonstrate that this type of behavior occurred.

Individuals who are charged with this offense can expect to be forced to pay fines and will receive points placed on their driver’s license. The accumulation of greater than fifteen points on an individual’s driver’s license within a twenty-four month period will result in a license suspension. Motor vehicle operators, however, who are able to argue that they complied with applicable are often able to avoid these penalties.

Contact A Knowledgeable and Seasoned Atlanta Attorney Today at Yeargan & Kert, LLC

At Yeargan & Kert, LLC our law firm takes an aggressive approach towards making sure that an individual’s due care charge resolves in the best possible manner. While a charge of due care might not seem particularly serious, many individuals with busy schedules need assistance responding to these citations.

Contact Yeargan & Kert, LLC our firm today to discover how we can help meet your best interests.