Georgia Criminal Defense Lawyer Blog
Reckless driving is a serious crime. In Georgia, reckless driving is more than just a traffic ticket. Reckless driving is one of the few “serious” misdemeanor offenses in the state exists. But any of these “serious” driving crimes can be the basis for a prosecutor adding very serious felony charges, when another person is the “victim” of such bad driving.
How Both Reckless Driving vs DUI Georgia Are Similar. In misdemeanor reckless driving cases with bad accidents, serious injuries or deaths can lead to felony charges. The same is true for any driver charged with a DUI in Georgia in an incident where someone else dies or was grievously injured. Likewise, for a hit and run (leaving the scene of an accident) or attempting to elude a law enforcement officer when one or more people are badly injured or killed. Call Atlanta criminal lawyer Cory Yager if you have questions about your DUI or reckless driving case, Cory provides a free lawyer consultation to anyone looking to hire an experienced attorney in any metro Atlanta county. Our number is (404) 510-2800 and your call will be answered 24 hours a day, 7 days a week.
This can happen if a passenger, pedestrian, or someone in another vehicle is hurt badly or killed in connection with that serious driving offense. This is when a felony indictment will routinely be drafted, creating much larger legal problems for these accused citizens.
In Georgia, many more citations are given each year for driving under the influence than for reckless driving. As a result, many people arrested for DUI reach out to our Firm. They want to know if the jail time for reckless driving is the same as for DUI. If so, they often want to avoid jail time with reckless driving and not put a DUI on their record.
In the Peach State, reckless driving in GA is a serious crime. Many callers to our law office ask questions like, “is it easy for a DUI to get dropped to reckless driving in Georgia?” That answer is no.
Some others have heard about this terminology on TV and ask our lawyers, “is a wet and reckless a misdemeanor?” That phrasing only applies to the State of California. But many heard it in connection with news reports in the Paris Hilton DUI arrest, where her lawyer negotiated a reduction to “wet reckless charges” on the 0.080 breath alcohol reading case.
Are The Points for DUI and the Points for Reckless Driving in GA the Same?
Any reckless driving conviction adds 4 points to a driver’s demerit points with the Georgia Department of Driver Services. A criminal defense attorney can often reduce a DUI to reckless driving criminal offense in Georgia.
To do this, the attorney usually must find flaws in the DUI case. Without question, the reckless driving laws in GA are NOT a lesser included offense.
Yet, in any DUI investigation, numerous potential defects may be identified by skilled DUI attorneys yet not be enough for the prosecutor to “fold” her or his cards and offer a reckless driving disposition. Police usually make certain “missteps” or oversights in their investigations, but some cases might necessitate going to trial. This decision will be one for which a top-rated criminal attorney near me can guide your decision.
Meanwhile, other mistakes typically require a pre-trial motion hearing, where the judge solely reviews the evidence. A successful motion hearing can potentially cause the charges in the case to be reduced to reckless driving or another less severe offense.
The severity is like attempting to elude a police officer, a GA DUI, or hit and run charges in Georgia.
Several different misdemeanor traffic crimes can be a legal basis for upgrading the misdemeanor driving offen to a felony charge, when a person is killed or grievously injured. The following list are those rare but always serious crimes:se
- Homicide by vehicle
- Serious injury by vehicle
- Hit and Run
- Attempting to elude a law enforcement officer
- Reckless stunt driving
- Passing a stopped school bus with the stop arm deployed
In Georgia, reckless driving is defined under OCGA 40-6-390. It involves operating a vehicle with reckless disregard for the safety of persons or for property.
These three occasional questions from callers to our criminal law office (with answers supplied) are asked of our legal professionals:
Is reckless driving a felony or a misdemeanor in Georgia? It is a serious misdemeanor, not a felony. However, in deadly or crippling crash cases, serious misdemeanors (like reckless driving as the predicate offense) can turn into a felony, when vehicular homicide, serious injury by vehicle of feticide by vehicle occur in a collision. This includes cases like VH1, SIBV1, or feticide by vehicle.
How long does reckless driving stay on record in GA? Unless Georgia laws change, it will stay on your criminal record forever.
How hard it is to get a DUI reduced to reckless driving Georgia? Without doubt, these can be difficult or impossible to obtain, in some court locations in GA. Top legal firms like ours know which courts MAY negotiate for this type of reduction.
What Constitutes Reckless Driving Under OCGA 40-6-390?
Under OCGA 40-6-390, reckless driving has clear rules. A driver is reckless if they ignore the safety of people or property. This can include excessive speeding, aggressive driving, or ignoring traffic signals.
The law covers any behavior that demonstrates a blatant disregard for road safety. Unlike minor traffic violations, reckless driving involves intentional or wanton disregard for rules and safety.
The law sets a standard for judging driving behavior. A person who drives without thinking about others’ safety may face charges. The evaluation often depends on the situation around the incident.
Knowing this law helps drivers understand what actions to avoid. Safe driving should always come first to prevent reckless driving charges.
What If I Need a Reduction to Speeding vs Reckless Driving Georgia?
These reductions are rare. We have had cases where a person was on the verge of deploying for military duty and either a DUI or reckless driving with lengthy probation could require him to or her to leave their assigned post and come back to Georgia.
Drivers under the age of 21 with a conviction for reckless driving or a driving while impaired (DWI vs DUI) conviction will have probation, after serving any jail time. Hence, some accommodation other than either of those serious driving offenses needs to be the case disposition.
The Consequences of Reckless Driving in Georgia
A reckless driving misdemeanor in Georgia has serious consequences. These consequences are more than just traffic tickets or small violations. The penalties aim to stop dangerous driving and keep the public safe.
Legal consequences can include large fines and losing your license. Jail time is also possible, depending on how serious the offense is. These results can change your life, affecting both your money and freedom.
If you are convicted, points will be added to your driving record. Getting too many points can raise your insurance costs and may lead to losing your license. The effects are not just immediate; they can last a long time.
A criminal record, particularly for reckless driving, can hinder job opportunities due to perceived poor judgment. Plus, public perception can add to these personal and legal challenges.
The stigma attached to a reckless driving charge can affect relationships and community standing. Understanding the full extent of these consequences can be a strong motivator for driving more responsibly.
Penalties for First-Time and Repeat Offenders
Georgia imposes strict penalties on reckless drivers. For first-time offenders, jail time could go up to 12 months. Although jail is a daunting prospect, it’s not the only penalty.
Fines range from $300 to $1,000 with hefty surcharges that can be 50% to 100% as much as the fine amount. These fines can be a big financial burden, especially for first-time offenders. Along with fines, four points will be added to your Georgia driving record. Repeat offenders face tougher penalties. Jail time may also be a consequence.
Your driving privileges could be jeopardized. License suspension becomes more likely with repeated offenses. Being aware of these escalating penalties can encourage safer driving behaviors.
Legal Representation and Defense Strategies
Navigating the legal system can be daunting for reckless driving cases. However, effective defense strategies can greatly improve outcomes. Criminal lawyers specialize in such matters, aiding drivers in understanding charges.
A solid defense strategy often involves scrutinizing evidence. Lawyers may challenge evidence quality or question witness reliability. This method can help the accused’s case.
Negotiations also play a crucial role. An attorney can discuss plea options to reduce charges or penalties. This could lead to outcomes like reduced fines or avoiding jail time.
Engaging skilled legal representation early is vital. It increases the chances of favorable outcomes and lessens potential consequences. Awareness of legal rights and options is also crucial in these scenarios.
The Role of a Criminal Defense Attorney in Reckless Driving Cases
Criminal defense attorneys are pivotal in reckless driving cases. They bring expertise in traffic laws to craft strong defenses. Lawyers assess all angles, from evidence to procedural errors, enhancing defense strategies.
They also offer guidance on legal processes. This includes understanding court appearances and paperwork. Their experience is valuable in managing what can be a stressful ordeal.
Court advocacy is another critical role. Attorneys argue on behalf of their clients, aiming for reduced charges. They highlight mitigating factors to influence court decisions favorably.
Furthermore, defense attorneys help with plea deals. A well-negotiated plea can result in a “wet reckless” conviction instead of harsher penalties. Having a knowledgeable attorney can thus significantly impact outcomes.
Conclusion and Safe Driving Reminder: Free Consultation
Reckless driving in Georgia carries serious consequences. Understanding the potential legal impacts is crucial for all drivers. Adhering to traffic laws not only keeps you safe but also helps avoid severe penalties.
Staying informed about reckless driving statutes (and other serious driving crimes) can prevent unintentional violations. Knowledge empowers drivers to make safe and lawful decisions on the road. This commitment to safety benefits the entire community.
Prioritizing safe driving practices protects everyone. It reduces the risk of accidents and the associated legal troubles. Remember, driving responsibly is the best way to ensure your safety and the safety of others.
Before another sleepless night, call for your FREE lawyer consultation. Dial 404-567-5515 to get started cleaning up this stressful mess. Since it is FREE, what are you waiting for?