Can you check your cell phone while you’re stopped? Here’s what the Georgia law says
Since Georgia passed the Distracted Driving Law, drivers are prohibited from holding or supporting their phone while driving, which means reading, writing or sending text-based communication is illegal.
But what if you’re stopped at a stop sign or red light? Is it legal to have a quick peek if your foot is on the brake?
In short, no, you can’t check your phone in your car, even when you’re temporarily stopped. If you touch or hold your phone in the car it is considered distracted driving.
Are there exceptions to the rule?
According to the safe driving organization, Drive Smart Georgia, there are a handful of reasons why the use of a phone is permissible.
Reporting an emergency
Utility workers responding to an emergency
Law enforcement, firefighters or first responders performing official duties
Lawfully parking off road
Can a police officer look at your phone to prove distracted driving?
A law enforcement officer cannot legally ask to see your phone without a warrant. Even if they suspect you were using your phone they must have probable cause to look through a driver’s phone.
Essentially, officers cannot demand to search through the phone’s contents and private data based merely on suspecting distracted driving occurred, without having the legal grounds to conduct such a search.
What are the penalties for distracted driving in Georgia?
Although the crime is taken very seriously by law enforcement, the fines and punishment aren’t so severe.
First offense - $50 fine with a 1 point penalty to your driver’s license
Second offense - $100 fine and a 2 point penalty
Third (and subsequent) offenses - $150 fine with a 3 point penalty
Do you have any distracted driving stories? Sound off in the comments, or you can email me and find me on Instagram.
