Can brake checking to stop tailgaters land you in jail? Here’s what GA law says
There’s nothing more frustrating than someone who tailgates you on the road, especially when you’re driving the legal speed limit and obeying all other traffic laws.
So, should you brake check them to get them to back off a bit?
Well, the answer to that question is more complicated than a simple “yes” or “no.”
Here’s what Georgia law says about pumping the brakes intentionally on the road:
What is brake checking?
Brake checking is when someone intentionally slams on their brakes in order to scare the driver behind them and make them slow down. If a driver follows too close or is tailgating you, brake checking them might cause them to back off or pass you when they are legally able.
However, it’s not a good idea to do so in Georgia.
Is brake checking legal?
Brake checking in Georgia is illegal because it fits the description of aggressive or reckless driving.
According to Georgia Personal Injury Attorneys at Butler Prather: “Regardless of why a driver brake checks the person behind them, it is illegal and dangerous. Under Georgia law, aggressive driving is considered a serious traffic offense.”
“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.”
Reckless driving could also be in question, as the law states: “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”
All in all, the act of brake checking could cause a collision or accident of some sort, making the situation much worse than it began.
Can brake checking land you in jail?
If you do end up brake checking and it causes an accident, it may be difficult to prove you were intentionally brake checking. However, if there was dash cam footage, surveillance footage or eyewitnesses, you may end up in trouble. Here are some penalties for brake checking:
Someone convicted of reckless driving will be guilty of a misdemeanor and either pay a fine of up to $1,000 or face jail time.
If you cause an accident resulting in serious injury or death, you could face prison for aggravated assault charges or vehicular homicide.
So, what can you do if someone is tailgating you?
By any means, don’t encourage the behavior or escalate the situation. Instead, safely pull over or turn into a nearby business and let the tailgater move along.
Here are some additional tips from the lawyers at Bowen Painter in Savannah, Georgia:
To prevent brake check accidents, maintain a safe following distance between you and the car in front of you.
Stay calm and focused on the road.
Be aware of your surroundings and use defensive driving techniques like predicting risks and avoiding potential road rage situations.
What other questions do you have? Let me know at cmadden@mcclatchy.com
This story was originally published June 4, 2024 at 6:00 AM.
