Georgia Traffic Law – Reckless Driving Citation
Reckless driving is a serious traffic offense and is frequently charged in Georgia. As a result, our firm has drafted this article to inform the public of the nature of this offense and the possible consequences if convicted.
The Offense
Under O.C.G.A § 40-6-390, “any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”
To prove reckless driving, the state must show that the defendant committed a specific act evidencing a reckless disregard for the safety of persons or property. Fraser v. State, 263 Ga.App. 764 (2003).
Case Examples
Evidence was sufficient to support conviction for reckless driving: while impaired by alcohol, defendant in the midst of other traffic blatantly ran a red light at a busy intersection, exceeded speed limit by 15 miles per hour, and wove in and out of his lane. Horne v. State, 286 Ga.App. 712 (2007).
Evidence was sufficient to support conviction of reckless driving where defendant accelerated through intersection in attempt to beat a changing light and struck another vehicle, rendering driver of such other vehicle quadriplegic, with severe brain injuries, and unable to speak or eat, and defendant had been drinking beer earlier in day, smelled of alcohol, showed signs of impairment on field sobriety tests administered at accident scene and tested positive on two different alco-sensors, and refused state-administered post-arrest alcohol test. Dunagan v. State, 286 Ga.App. 668 (2007).
Evidence was sufficient to support convictions for reckless driving, there was evidence that law enforcement officer saw a vehicle traveling at high rate of speed, vehicle had one headlight out and crossed a double yellow line, driver of vehicle failed to stop and continued to drive in a reckless manner when officer activated his lights and siren to initiate a traffic stop, and officer saw defendant emerge from vehicle and run into woods when vehicle finally stopped. Daniel v. State, 282 Ga.App. 291 (2006).
Evidence was sufficient to support conviction for reckless driving when law enforcement officer was standing on side of highway after a traffic stop, defendant drove past him at high rate of speed and almost hit him. Graves v. State, 280 Ga.App. 420 (2006).
Punishment
A person convicted of reckless driving will be guilty of a misdemeanor. A misdemeanor in Georgia is punishable by up to one year and prison and a $1,000 fine or both. Most reckless driving convictions do not result in jail time, although certain factors could lead a judge to sentence to jail (repeat offenders, children in car, near school, etc.). A misdemeanor conviction will also become a part of the person’s permanent criminal record.
In regards to the person’s driver’s license, reckless driving causes 4 points to be assessed on a driver’s license. A person under the age of 21 who is convicted of reckless driving will suffer a suspended license.
Contact Us
If you or a loved one has been charged with reckless driving, and/or received a reckless driving citation please contact our office today at 404-581-0999 for a free consultation.
