Are You Being Accused of Aggressive Driving?
If you’ve been charged with aggressive driving in Georgia, it’s essential to understand both the legal ramifications and potential defenses available to you.
Aggressive driving is taken seriously in Georgia, and under O.C.G.A. § 40-6-397, it involves a range of dangerous driving behaviors that endanger other drivers, passengers, and pedestrians.
These charges can lead to significant penalties, including fines, points on your driving record, and even jail time.
However, just because you have been charged with aggressive driving does not mean you are automatically guilty. There are several defenses available under Georgia law that could lead to a reduction or dismissal of the charges.
This blog post will explore the key defenses to aggressive driving charges, help you understand how they might apply to your case, and emphasize the importance of working with an experienced criminal defense attorney if you are facing such charges.
Understanding Aggressive Driving in Georgia: O.C.G.A. § 40-6-397
Before we dive into specific defenses, it’s important to have a clear understanding of what constitutes aggressive driving in Georgia. Under O.C.G.A. § 40-6-397, aggressive driving is defined as follows:
- A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.
- Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.
Key Defenses to Aggressive Driving Charges
While aggressive driving charges can seem daunting, there are a number of potential defenses that may apply depending on the specific facts of your case. Some of the most common defenses include:
1. Lack of Intent or Willful Disregard for Safety
One of the key elements of an aggressive driving charge is that the driver must demonstrate willful disregard for the safety of others. If your attorney can show that you did not intentionally engage in reckless or dangerous driving, this could form the basis of a strong defense.
In many aggressive driving cases, the prosecution must prove that your actions were not simply an error in judgment or a mistake but rather that you acted with complete disregard for the safety of others. For instance, if you were speeding to get to an emergency or simply misjudged the speed limit, there may not be sufficient evidence to show that your actions were aggressively dangerous.
Your defense lawyer can argue that you did not have the intent required under O.C.G.A. § 40-6-397, and instead, you may have acted out of necessity, in good faith, or due to a mistake.
2. No Violation Occurred
In some cases, aggressive driving charges are based on perceived traffic violations, but the driver may not have actually committed any of the offenses alleged by the officer. For example, you may have been accused of speeding, but the radar gun or speed measurement device used by the officer could have been malfunctioning or improperly calibrated.
Other potential arguments include:
- Inaccurate Assessment of Following Distance: If you were accused of tailgating, your attorney may argue that the officer’s perception of your following distance was incorrect or that you were not following too closely.
- Valid Overtaking: If you were accused of dangerous overtaking, there may be evidence to suggest that you had no other option but to pass another vehicle in a safe and reasonable manner.
By challenging the evidence of the alleged violations, you may be able to undermine the prosecution’s case and have the charges reduced or dismissed.
3. Medical or Emergency Necessity
Sometimes, a driver may engage in behavior that appears to be aggressive due to an emergency situation or a medical condition. Under Georgia law, actions taken out of necessity or emergency are generally considered valid defenses.
For example, if you were speeding to get someone to the hospital, or if you were engaging in aggressive driving behavior because you were trying to avoid a sudden and unexpected hazard (such as a car swerving into your lane), you may be able to argue that your actions were a necessary response to a genuine emergency.
Additionally, if you were experiencing a medical emergency, such as a sudden illness or a diabetic episode, that affected your driving, this could potentially be used as a defense to show that your behavior was not reckless or willful.
4. Mistake of Fact
A mistake of fact defense is another common strategy in aggressive driving cases. Essentially, a mistake of fact occurs when a driver engages in behavior that seems to violate traffic laws, but they were operating under a misunderstanding of the facts or circumstances at the time.
For example, you may have been accused of running a red light, but you were unaware that the light had changed because you were distracted by another vehicle or a road hazard. Similarly, if you were accused of not yielding the right-of-way at an intersection, you might argue that you didn’t realize another vehicle was approaching from the other direction.
Mistake of fact can be a strong defense if the driver genuinely misunderstood the situation and did not act out of recklessness or malice.
5. Improper Traffic Stop or Violation of Rights
Another key defense in aggressive driving cases involves the way in which the police officer conducted the traffic stop. If the officer did not have probable cause to stop you, any evidence they gathered during the stop may be inadmissible in court. This could weaken the prosecution’s case significantly.
Examples of improper police conduct include:
- No Reasonable Suspicion: If the officer did not have a reasonable suspicion that you were violating the law or engaging in aggressive driving, the stop could be challenged.
- Illegal Search and Seizure: If the officer conducted an illegal search of your vehicle or seized evidence without proper justification, this could be grounds for the charges to be dismissed.
Additionally, if the officer did not follow proper procedures in making the stop, such as not reading you your rights or not having the proper authority to pull you over, these violations could undermine the case against you.
6. Inaccurate or Incomplete Evidence
The evidence against you may be incomplete or inaccurate, which can be an effective defense strategy. For example, if the prosecution is relying on video footage, dashcam footage, or witness testimony, your attorney can challenge the accuracy or reliability of the evidence.
For example, a dashcam video may have a limited view of the scene and not show the entire context of the situation. Witnesses may have been mistaken in their observations or could have a biased perspective. If the evidence does not fully support the claim of aggressive driving, it can lead to a dismissal of the charges.
The Role of an Experienced Criminal Defense Attorney
If you’ve been charged with aggressive driving in Georgia, it is critical to seek the assistance of an experienced criminal defense attorney who understands the complexities of O.C.G.A. § 40-6-397 and can help you navigate the legal system effectively. A skilled attorney will investigate the facts of your case, review the evidence, and identify potential defenses that could result in a reduction or dismissal of charges.
The legal process can be overwhelming, but with the right legal representation, you can have confidence that your case will be handled with the care and attention it deserves.
Georgia Aggressive Driving Lawyer Near Me
Aggressive driving under O.C.G.A. § 40-6-397 is a serious offense in Georgia, but a conviction is not inevitable. Several strong defenses can be used to challenge the charges against you, ranging from the lack of intent to medical emergencies or mistaken facts.
If you’ve been charged with aggressive driving, it’s essential to consult with an experienced criminal defense lawyer who can help you understand your legal rights and options.
We are Georgia aggressive driving lawyer, and we will ensure that you receive the best possible defense and increase your chances of avoiding the harsh penalties associated with an aggressive driving conviction.
Whether you are seeking a reduction in charges, a dismissal, or a favorable verdict at trial, legal counsel is essential to achieving the best outcome for your case. You can contact The Sherman Law Group 24 hours a day, 7 days a week.