Reckless Driving
Facing Reckless Driving Charges in Georgia? We Can Help.
Being charged with reckless driving in Georgia can turn your life upside down. Unlike a simple traffic ticket, reckless driving is a criminal misdemeanor that can lead to jail time, substantial fines, license suspension, and devastating long-term consequences for your career and insurance rates. Don't face these serious charges alone.
Understanding Georgia Reckless Driving Laws
In Georgia, reckless driving isn't just about speeding. The law (O.C.G.A. § 40-6-390) defines reckless driving as:
"Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving."
This broad definition means many behaviors can lead to charges, including:
Excessive speeding (even if within the speed limit but unsafe for conditions)
Aggressive lane changes or weaving through traffic
Racing or "laying drags"
Tailgating (following too closely)
Running red lights or stop signs
Dangerous passing maneuvers
Driving while texting or severely distracted
Don't risk your future. Contact our experienced reckless driving defense attorneys today.
Reckless Driving Penalties in Georgia Can Be Severe
| Offense | Classification | Potential Penalties |
|---|---|---|
| Reckless Driving | Misdemeanor | Up to 12 months in jail, $1,000 fine, 4 points on license |
| Reckless Driving (Under 21) | Misdemeanor | Same fines/jail + automatic license suspension (6-12 months) |
| Reckless Stunt Driving (1st) | Misdemeanor | Minimum $300 fine, possible jail time, 4 points on license |
| Reckless Driving Causing Serious Injury | Felony | 1-15 years imprisonment |
| Reckless Driving Causing Death | Felony | 3-15 years imprisonment |
Source: O.C.G.A. § 40-6-390 (Reckless Driving), O.C.G.A. § 40-6-390.1 (Reckless Stunt Driving), O.C.G.A. § 40-6-394 (Serious Injury by Vehicle), O.C.G.A. § 40-6-393 (Homicide by Vehicle), O.C.G.A. § 40-5-57 (Point System), and O.C.G.A. § 40-5-57.1 (License Suspension for Under 21)
Don't risk your driving privileges. Contact our experienced traffic violation attorney today.
The Hidden Consequences of a Reckless Driving Conviction
Many people underestimate how a reckless driving conviction can affect their lives long after any sentence is complete:
Insurance Premium Increases
A reckless driving conviction can cause your auto insurance rates to increase dramatically—often by 80% or more—and these higher rates typically last for 3-5 years.
Employment Impact
Many employers conduct background checks that reveal misdemeanor convictions. Jobs that involve driving company vehicles or require clean driving records may be permanently out of reach.
Commercial Driver's License Consequences
For CDL holders, a reckless driving conviction is classified as a "serious traffic violation." Two such violations within a three-year period leads to a 60-day disqualification; three violations results in a 120-day disqualification.
Military and Security Clearance Issues
Military personnel and those requiring security clearances may face serious career implications from criminal driving convictions.
Professional Licensing Problems
Many professional licensing boards consider criminal convictions when evaluating character and fitness requirements.
Don't let a reckless driving charge define your future. Get experienced legal help now.
Our Defense Strategies Include:
Challenging the "reckless disregard" element: We can work to show your driving, while perhaps not perfect, did not rise to the level of criminal recklessness required by law.
Examining evidence thoroughly: We scrutinize police reports, witness statements, dashcam footage, weather conditions, and road configurations for inconsistencies or alternative explanations.
Investigating speed detection devices: If your charge involves radar or lidar readings, we can challenge the device's calibration, maintenance, and proper operation.
Presenting necessity or emergency defenses: Sometimes dangerous situations require evasive actions that may appear reckless but were necessary under the circumstances.
Negotiating reduced charges: When appropriate, we work to reduce charges to lesser offenses that carry fewer points and less severe consequences.
Utilizing nolo contendere pleas strategically: In certain cases, we may recommend a "no contest" plea to help minimize license points while accepting other penalties.
Frequently Asked Questions
-
Georgia law doesn't have a specific "careless driving" offense. Reckless driving requires proving a "reckless disregard" for safety, which is a higher standard than mere negligence or carelessness.
-
Insurance companies typically consider reckless driving a high-risk behavior and may increase premiums by 80% or more for several years following a conviction.
-
Yes, with effective legal representation, reckless driving charges can often be reduced to lesser offenses like basic speeding or failure to maintain lane, which carry fewer points and less severe consequences.
-
If you're 21 or older, a single reckless driving conviction adds 4 points to your license but doesn't automatically trigger suspension. However, drivers under 21 face an automatic license suspension (6-12 months) with no limited permit options.
Reckless Driving vs. Other Traffic Offenses
Understanding how reckless driving compares to related charges can be critical to your defense:
Reckless Driving vs. DUI
While legally distinct offenses with different elements, reckless driving is sometimes offered as a plea alternative in DUI cases facing evidentiary challenges. This can be a strategic option in certain circumstances.
Reckless Driving vs. Aggressive Driving
Aggressive driving (O.C.G.A. § 40-6-397) requires proof of intent to "annoy, harass, molest, intimidate, injure, or obstruct another person"—a specific intent element not required for reckless driving. However, aggressive driving carries 6 points instead of 4.
Reckless Driving vs. Reckless Stunt Driving
Georgia's newer Reckless Stunt Driving law (O.C.G.A. § 40-6-390.1) specifically targets drag racing and similar behaviors with enhanced penalties, especially for repeat offenders.
2024 Legal Updates: Georgia's "Safe Streets Act"
The Georgia Senate recently passed Senate Bill 10, known as the "Safe Streets Act," which strengthens penalties for reckless driving behaviors like illegal street racing and introduces new consequences for organizing, facilitating, or even being present at illegal drag races. Our attorneys stay current with these legislative changes to provide you with the most effective defense.
Important: Some traffic violations require mandatory court appearances and cannot be paid in advance. Our attorneys can advise you on whether your case falls into this category and represent you in court when necessary. Don't just pay that ticket without understanding the full consequences to your driving record and insurance rates.
Client Reviews