Reckless Driving Ticket in Georgia

By: Cory Yager, Ex-Police Officer and Criminal Defense Attorney Atlanta for reckless driving tickets

Clients often call our law office and ask, “Can I get a reckless driving ticket dismissed?” The short answer is: it depends. But, while a full dismissal is rare, an experienced reckless driving lawyer can often negotiate for a reduction in charges, especially for those with a first-time reckless driving offense.

Below, Atlanta reckless driving lawyer Cory Yager answers questions related to your first reckless driving ticket n Georgia: “Is jail time required?” “How many points does the charge add?” and How to fight a reckless driving ticket?”

Is a First Offense for Reckless Driving in Georgia Serious?

Yes, a first offense reckless driving charge is a misdemeanor crime in Georgia, even a first offense carries significant, long-term consequences.

In the State of Georgia, reckless driving (with no aggravating factors) is classified as a misdemeanor crime, meaning that it carries up to 12 months in jail, and a fine of up to $1,000.

Plus, the Georgia Department of Driver Services will add points to your license, which may cause license suspension if you meet the point threshold for your driver classification.

Judges may impose 40 hours of community service and probation conditions upon your conviction for reckless driving.

Most importantly, a conviction for reckless driving stays on your record FOR LIFE, so knowing how to fight a reckless driving charge is paramount.

What is Reckless Driving in Georgia?

Reckless driving in GA, as defined by OCGA 40-6-390, means that you drove in ‘reckless disregard for people or property.’ The driver exhibited some type of ‘reckless driving’ behavior that put others in danger.

Examples of this ‘reckless disregard’ can be swerving erratically, failing to maintain lane, and tailgating.

All types of highway emergencies can be created when reckless driving occurs. Other drivers trying to avoid a collision may strike another vehicle or pedestrian, due to a different vehicle’s recklessness.

If you were the at-fault driver whose carelessness created an emergency for others, even if no damage occurred to your vehicle, felony or misdemeanor charges may be accused when you were engaged in reckless driving in Georgia.

Punishment for Reckless Driving in Georgia

Punishments for reckless driving, even first offense reckless driving, may include jail time (not likely, but possible), fines, points on your Georgia driver’s license, and being designated as a ‘high risk’ driver, increasing auto insurance rates for years.

Can You Go to Jail for Reckless Driving in Georgia?

Yes, you can go to jail for reckless driving in Georgia, even for a first offense, depending on the facts of your case. That said, jail time is not typical for most first-time offenders. Judges often issue 12 months of probation instead of jail, especially when no aggravating factors are involved.

However, jail becomes more likely in certain circumstances, particularly if the charge was originally a DUI. For example:

• Your DUI charge was reduced to reckless driving during plea negotiations.
• You were acquitted of DUI at trial but still convicted of reckless driving.
• You have a prior history of serious traffic offenses, and the judge factors that into sentencing.

Additionally, reckless driving can serve as a “predicate offense,” meaning it is the foundation for more serious felony charges, which results in mandatory prison time.

If the reckless behavior causes a crash that results in serious injury (Serious Injury By Vehicle), death (Vehicular Homicide), or loss of a fetus (Vehicular Feticide), then your reckless driving charge will be enhanced to a felony and you’ll be facing more serious consequences.

How Much is a Reckless Driving Ticket in Georgia?

The cost of a reckless driving ticket in Georgia depends on where the citation was issued. Each court sets its own fine schedule, but in general, fines can range from a few hundred dollars to over $1,000.

On top of the base fine, most jurisdictions tack on mandatory court fees and surcharges, which can significantly increase the total amount you owe.

Some people search terms like “reckless driving ticket cost” or “how much is a reckless driving ticket in Georgia” expecting a flat number. But the reality is that the cost that you’ll pay for reckless driving depends on the court and your previous driving record.

How Many Points Do You Get for Reckless Driving in Georgia?

For a reckless driving conviction, The Georgia DDS will add four (4) points to your driving record. For drivers 21 and older, getting 15 license points in a 24 month span will suspend your license for one year.

Special consideration for drivers under 21: adding four points due to a first reckless driving offense (or any four-point offense) can cause automatic six-month license suspension.

A nolo contendere plea, for age 21 drivers, and older, does not put any points on license, if the Judge allows the use of the nolo plea.

Out-of-state motorists will have to deal with THEIR state’s DMV-DPS-MVR office, as to the issue of points, and most states have either a mandatory suspension or 6 points, for a reckless driving conviction. The DDS Georgia office will transmit proof of the conviction or nolo contendere plea to your home state. This can be problematic, costly, or can take away your driving privileges.

How Long Does Reckless Driving Affect Insurance?

If you’re convicted of reckless driving in Georgia, even for a first offense, many insurers will classify you as a “high-risk” driver for 3-5 years, meaning one reckless driving ticket could end up costing your $3,000-$5,000 in total premiums over time.

Plus, reckless driving can lead to significant auto insurance increases, sometimes as high as 50% or more. So, a driver paying $1,600 per year might see their rate jump to $2,400 or higher.

For younger drivers, a reckless driving conviction can make it difficult to find affordable insurance coverage at all. Meaning that insurers will drop the policy entirely after they’re notified of the conviction.

Can a Reckless Driving Charge Be Expunged in Georgia?

No. Once convicted, reckless driving expungement is not possible.

However, if you fight the case and win at trial, or your attorney negotiates for the case to be dismissed or reduced to a non-criminal violation, then it’s possible to restrict (seal) the record. That’s the only route for how to get reckless driving off your record in Georgia.

How to Fight a Reckless Driving Ticket in Georgia

Many courts, including Atlanta Municipal Court, require a mandatory appearance for a reckless driving ticket. So, you can’t just pay the fine online and move on with your life.

Beating this charge in court often involves your lawyer challenging the officer’s observations, the interpretation of whether your driving was in ‘reckless disregard,’ or negotiating a reduction to a non-moving violation.

Received a Reckless Driving Ticket? Call an Experienced Reckless Driving Lawyer

Reckless driving convictions stay on your record forever, and they can cost you job opportunities, professional licenses, and thousands in higher car insurance premiums over time.

While most misdemeanor reckless driving tickets allow for bond, felony charges predicated on reckless driving, such as those involving an accident, injury, or death, can lead to mandatory state prison time. If your case involves one of these high-risk situations, it’s an emergency.

The only way to beat a reckless driving charge is to avoid conviction altogether.

That starts by hiring a skilled Georgia reckless driving lawyer who knows how to challenge the charge in court.

With 90+ years of combined experience, our attorneys, ex-cop Cory Yager, Super Lawyer Larry Kohn, and nationally recognized DUI defense attorney Bubba Head, have helped thousands of drivers statewide get reckless driving charges reduced or dismissed.

If you just got a reckless driving ticket, call our Atlanta reckless driving lawyers for a FREE consultation at 404-567-5515.

Even if you received the reckless driving charges outside the city of Atlanta, our law firm has four locations, in Gwinnett, Cobb, and Fulton counties, and we regularly travel statewide to defend drivers accused of reckless driving.

When you or a loved one is in jail for a reckless driving ticket, the sooner we can get involved, the more likely we can help protect the criminal case. Jailers and police will question drivers in car accident cases since most drivers don’t know their legal rights. Our Miranda rights, including the right to remain silent, and not self-incriminate, are important, but police are good at getting people in custody to WAIVE this right and talk to them.

This tends to be true for YOUNG drivers facing criminal trouble for the first time.

Plus, phone calls to or from the jail, to or by a jailed person are NOT private calls and are being recorded.