Georgia Code
Article 11 - Miscellaneous Provisions
§ 40-6-241. Distracted Driving; Restrictions on Operation of Wireless Telecommunications Devices and Stand-Alone Electronic Devices; Penalty; Exceptions

(A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $50.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof;
(B) For a second conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $100.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof; or
History. Code 1933, § 68A-1103, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2010, p. 1156, § 2/HB 23; Ga. L. 2010, p. 1158, § 3/SB 360; Ga. L. 2018, p. 127, § 4/HB 673.
The 2018 amendment, effective July 1, 2018, substituted the present provisions of this Code section for the former provisions, which read: “A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Sections 40-6-241.1 and 40-6-241.2, the proper use of a radio, citizens band radio, mobile telephone, or amateur or ham radio shall not be a violation of this Code section.”
Cross references.
Penalties for Violations of Uniform Rules of the Road, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver License Services, Revocation and Suspension, Rule 375-3-3-.01.
Editor’s notes.
Ga. L. 2010, p. 1156, § 4/HB 23, not codified by the General Assembly, provides that the amendment by that Act shall be applicable to offenses committed on or after July 1, 2010.
Ga. L. 2010, p. 1158, § 1/SB 360, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving.’ ”
Ga. L. 2010, p. 1158, § 6/SB 360, not codified by the General Assembly, provides that the amendment by that Act shall apply to offenses committed on or after July 1, 2010.
Ga. L. 2018, p. 127, § 1/HB 673, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Hands-Free Georgia Act.’ ”
Law reviews.
For article, “Motor Vehicles and Traffic,” see 27 Ga. St. U. L. Rev. 155 (2011).

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