Dahlonega, GA asked in Traffic Tickets for Georgia

Q: I got a citation for driver exercise due care in ga. Why is it illegal to turn radio stations while sitting at red light

I was paying attention to the road while driving, but cop stated that i wasnt paying attention to the road. I never held up traffic, nor swerved, nor created an accident. How is it I can get charged with simply turning the radio? The cop didnt even pull me over when he said that i wasnt paying attention to the road, he waited til I turned at the red light. At first he claimed I was looking at my phone in my hand, when my daughter sitting next to me holding my phone. Then, thats when he went back to his car and changed the citation.

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Traffic Tickets Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Confirm the reason for the citation first. GEt the police report. Then hire an attorney and fight it. But the law is clear that statute is not referring to the radio.

“Wireless telecommunications device” means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data.

Such term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system.

Ga. Code Ann. § 40-6-241

I pray this helps.

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