Experienced Reckless Driving Attorney
in Morgan County, Georgia

Reckless or aggressive driving — or driving without regard for the safety of others — is clamped down hard upon by the Georgia justice system.

A criminal driving charge can result in harsher penalties and more severe long-term consequences than a simple traffic ticket, even if no accident or injury occurred to anyone because of the driver’s actions.

If you’ve been charged with reckless or aggressive driving, it’s important to seek legal advice from an experienced criminal defense lawyer to avoid these consequences negatively impacting your future.

Speak to a reckless driving lawyer with excellent knowledge and experience of the local Morgan County court system at Michael Fulcher Law, LLC.

Aggressive driving vs. reckless driving in Georgia

Aggressive driving is often called “road rage” and it can lead to a criminal charge that is even more serious than reckless driving in Georgia.

The offense is defined in O.C.G.A. § 40-6-397 as follows:

“A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person…”

Whereas reckless driving may be prosecuted even if there was no intent to endanger another individual, this is not the case with aggressive driving. It requires an intentional action towards another road user.

Reckless driving is defined in O.C.G.A. § 40-6-390 as follows

“Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”

A reckless driving charge may be filed against any driver who disregards the general safety of other road users and does not require actions directed at a specific person.

Depending on the behavior of the accused and whom his/her actions are directed against, police officers and prosecutors will decide which charge to pursue. Some examples of actions that can trigger reckless or aggressive driving charges include:

• Excessive speeding
• Blaring the horn
• Running red lights/stop signs
• Tailgating
• Flashing headlights/high beams
• Weaving in and out of lanes of traffic
• Crossing the double yellow line
• Failure to yield
• Cutting other drivers off
• Racing other vehicles

Georgia is one of the most severe states when it comes to punishments for traffic offenses. Reckless driving alone is a misdemeanor in Georgia and punishable by:

• A fine of up to $1,000, or
• Up to one year in jail, or
• Both

For aggressive driving, the penalties are harsher because the offense is treated as a misdemeanor of a high and aggravated nature. Penalties are as follows:

• A fine of up to $5,000, or
• Up to one year in jail, or
• Both

If other offenses accompany the driving offense (such as attempting to flee from a police officer), fines can increase and jail time becomes more likely. A driver convicted of reckless driving may also face license points or even the loss of driving privileges.

However, if the driver is over 21 years of age and pleads nolo contendere, no points will be assessed on his/her license. This option can be used once every five years but it may not be the best option and should be discussed with a criminal defense lawyer beforehand.

If anyone is killed or injured as a result of the driver’s actions, the offense may be classed as a felony, which guarantees prison time. The defendant may also be the subject of a civil lawsuit due to reckless or negligent behavior.

However, as a first offense with no other criminal charges and nobody injured, a defendant is highly unlikely to spend time in jail in Georgia. Probation, community service and fines are more likely.

Much depends on how skillfully your defense is presented. The experience and expertise of your reckless driving defense lawyer are essential.

The charges of reckless and aggressive driving are open to a high degree of interpretation. This means that a seasoned criminal defense lawyer can often find strategies that help defend a charge successfully.

Typically, one of the following three defenses will be employed to defend reckless driving:

Reducing your DUI to reckless driving

Sometimes, a reckless driving charge can be viewed as a “win” for a defendant in a criminal case. A good example is if a DUI is downgraded to a reckless driving charge.

This still results in a criminal charge and similar potential penalties (both are misdemeanors for first-time convictions) but the likelihood of jail time is higher with a DUI and mandatory minimum penalties apply to DUI convictions for repeat offenders.

Also, unlike DUI, a reckless driving conviction doesn’t lead to an automatic driver’s license suspension for defendants over 21 years of age and insurance premiums may not increase as much. The defendant also avoids the risks and stress of a jury trial.

Reducing a DUI to a reckless driving charge may be possible if it is your first offense and nobody was greatly impacted by your actions. However, because you are saddled with a criminal conviction regardless, it may not be your best option.

You may still face probation, community service, and fines, as well as the longer-term impact on your future that comes with a criminal record.

Note, too, that if the additional points on a license for reckless driving bring the total points to 15 or higher, the license will still be suspended.

It is best to discuss your situation in detail with your criminal defense lawyer before deciding.

If you’re facing a criminal driving charge, speak to a defense lawyer from Michael Fulcher Law, LLC, who will outline your legal options and help reduce the impact on your future. Contact us online for a free consultation or call us at (706) 438-1555.

“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”