Reckless Driving GA: Clients’ 10 Most Common Questions

By: William C. “Bubba” Head, Award-Winning Reckless Driving GA Lawyer and Criminal Defense Attorney Near Me in Metro Atlanta

What Is Reckless Driving?

Reckless driving, or RD, is defined under Georgia law (O.C.G.A. 40-6-390) as “operating a vehicle with reckless disregard for the safety of persons or property.”

Examples of reckless driving behaviors include driving that puts others at risk, like weaving through traffic, racing, or speeding aggressively.

In other states, reckless driving may be labeled differently. In Maine, it’s known as criminal speeding. In Virginia and North Carolina, drivers accused of reckless driving may be jailed, even on a first offense. So, while Georgia treats reckless driving as a serious misdemeanor, don’t assume the same rules apply if you’re cited elsewhere.

In this article, experienced reckless driving lawyer Bubba Head explains the most common questions Georgia drivers ask after receiving a reckless driving ticket. He details the penalties for reckless driving, what happens after a first reckless driving offense, whether the charge may be a misdemeanor or a felony, and if it can be removed from your record in Georgia.

One word of caution. If a crash has occurred, of any type, and a personal injury to another is alleged, you need to be very careful of self-representation. Seeking to resolve the case to a lesser charge is the minimum that needs to be accomplished, if not dismissed or diverted through taking a driving safety course.

1. Is reckless driving a criminal offense?

Yes. Reckless driving is a considered a criminal offense in Georgia. Even though it’s written on a traffic ticket (Uniform Traffic Citation), it’s classified as a crime, not just a civil infraction.

Plus, reckless driving requires a mandatory appearance in either a Georgia Municipal or State Court. If you fail to appear (FTA), the judge may put a bench warrant out for your arrest.

Look on your Uniform Traffic Citation (your ticket) to find out which court your case is assigned to.

2. Is reckless driving a misdemeanor?

Yes. In Georgia, reckless driving is usually classified as a misdemeanor, except when aggravating factors occur, which we detail below.

Reckless driving is a misdemeanor, punishable by a maximum of 12 months in jail, a fine of $1,000 (plus court surcharges), which vary widely by jurisdiction.

In other states, the consequences may differ. For instance, a second DUI offense in South Carolina causes a license suspension, while Georgia and Florida do not impose the same automatic penalty. In California, even a DUI reduced to a “wet reckless” still suspends your license.

3. What happens for a first reckless driving offense in Georgia?

A first reckless driving offense in Georgia is classified as a misdemeanor. Jail time is technically possible, with a maximum of twelve months, but it is rare for first-time offenders. More commonly, a judge may issue a fine, place the person on probation, and order a defensive driving course. In some cases, all three penalties may be imposed.

A conviction for reckless driving affects your driving record as well. If you are under 21, a single reckless driving charge will result in a six-month license suspension due to the four points added to your license. If you are 21 or older, the same four points apply, and accumulating fifteen points within a two-year period will lead to a one-year suspension.

For most drivers, a reckless driving conviction will also raise auto insurance rates, and in Georgia, how long it affects your policy depends on the insurer’s risk guidelines and your driving record. How long reckless driving affects insurance varies, but increases can last for years.

5. How many points is reckless driving?

In Georgia, a reckless driving conviction will add four license points to your driver’s license, once reported to the DDS.

In Virginia, a reckless driving conviction may trigger a license suspension. South Carolina assigns six points for RD, which can cause insurance premiums to spike. North Carolina and Virginia can suspend licenses immediately upon conviction. Point systems vary, and for out-of-state drivers, these penalties may carry over depending on your home state’s laws.

To find out how many points you currently have, either log into your My DDS portal or create a My DDS account.

6. What speed is considered reckless driving?

In Georgia, there is no set speed that is automatically qualifies as ‘reckless driving.’

Instead, it’s the driver’s behavior, not just the speed alone, that determines whether the reckless driving charge applies. Some behaviors that commonly trigger a reckless driving charge are:

• 25+ mph over the speed limit, especially in residential, school, or construction zones
• Driving 85 mph on the interstate, if your driving shows ‘reckless disregard’
• Driving over 100 mph on highways, regardless of traffic conditions

In other states, speed alone may define reckless driving. For example, Virginia and North Carolina automatically classify speeds over 85 mph or 20+ mph over the limit as reckless. In Maine, it’s called “criminal speeding” and can result in a suspended license or worse.

7. Is reckless driving a felony?

Reckless driving is usually a misdemeanor in Georgia. However, reckless driving can lead to felony charges when serious harm results. For example, if someone drives recklessly and causes serious bodily injury, they may be charged with Serious Injury by Vehicle, which is a felony. If a fatal accident occurs, the driver could face charges like Vehicular Homicide or Vehicular Feticide, depending on the circumstances.

Also, reckless driving can be classified as a felony if you flee law enforcement while exhibiting reckless behaviors (speeding, endangering others).

In these cases, it isn’t the reckless driving charge itself that’s classified as a felony, it’s the serious harm caused that leads to a separate felony charge.

8. How long does reckless driving stay on my record?

A reckless driving conviction stays on your criminal record permanently. Georgia law doesn’t allow for ‘record restriction,’ so the reckless driving will remain visible to law enforcement and potential employers.

In California, expungement is possible, but only after a 10-year waiting period. In most other states, expungement for reckless driving is not available.

9. What is the reckless driving ticket cost?

Georgia doesn’t have a ‘set’ ticket cost for reckless driving. Although, state law does mandate a maximum fine of $1,000, but judges

10. Can a DUI be reduced to reckless driving?

In some cases, yes. First time DUI offenders usually have the best chance at getting their DUI reduced to reckless driving. If you have no criminal history at all, that furthers your reduction possibilities.

Reductions to reckless driving GA are accomplished through a plea bargain, or getting a lesser sentence in exchange for pleading guilty.

The prosecutor may be more willing to negotiate a plea if your blood alcohol content (BAC) is not much higher than the legal limit of 0.08 percent and if you cooperated with police officers.

That’s not to say that it’s impossible for those with multiple DUIs in Georgia to get that charge reduced to reckless, it just doesn’t happen as often.

Some states, like Oregon and North Carolina, have strict laws that prohibit prosecutors from reducing a DUI to reckless driving. So while reductions happen regularly in Georgia, they may be completely off the table in other jurisdictions.

Reckless Driving GA, and Not a DUI?

Do you need our assistance in trying to get a DUI reduced to reckless driving? Considering the huge difference in penalties in Georgia, reckless driving vs DUI is a “no-brainer” if we can obtain that for our clients’ DUI in Georgia, for most people.

Fortunately, each year, our law group’s attorneys can accomplish that in hundreds of cases that began as drunk driving cases. The Georgia DDS does not keep up with statistics on Georgia cases that start as a DUI arrest but end up with a reckless disposition.

Facing a Reckless Driving Charge? Speak With an Experienced Reckless Driving Lawyer Before Going to Court

Since reckless driving requires a mandatory court appearance, you’ll need top-tier reckless driving lawyers to represent you. In fact, we can often appear at your arraignment (first court appearance) for you.

Whether you’re facing reckless driving charges in Atlanta Municipal Court, Marietta Municipal Court, Gwinnett County Municipal Court, or felony-level reckless driving charges in State court, we travel statewide to represent clients accused of driving recklessly in Georgia.

If you’re facing a reckless driving conviction, speak with our veteran criminal defense attorneys at a FREE consultation: 404-567-5515. You can also reach us via our no-obligation contact form.

At this consultation, either award-winning Atlanta criminal defense attorney Bubba Head, Cory Yager, or Larry Kohn will sit down with you and review your case.

Additional links about driving in a reckless manner:

Grand Theft Auto (GTA) video game teaches reckless maneuvers

PSA (public service announcement) from VW, at a Singapore movie theater

Link for students seeking to find graphics on clipart, posters, and cartoons for a project.