Reckless Driving in Georgia: Penalties and Defenses

Reckless driving in Georgia is more than a traffic violation—it’s a serious criminal offense that can carry jail time, heavy fines, and long-term consequences for your driving record, insurance rates, and even your employment. Whether you were cited during a routine stop or after an accident, it's essential to understand the legal implications and defense strategies available.

What Is Reckless Driving in Georgia?

Under Georgia law, reckless driving is defined as driving with "reckless disregard for the safety of persons or property" (O.C.G.A. 40-6-390). This broad definition allows police and prosecutors significant discretion in applying the charge. Common behaviors that may lead to a reckless driving charge include:

• Excessive speeding
• Weaving through traffic
• Ignoring traffic signals
• Tailgating or aggressive maneuvers

Unlike minor traffic violations, reckless driving is considered a misdemeanor criminal charge in Georgia.

Penalties for Reckless Driving in Georgia

A conviction can carry significant penalties:

• Up to 12 months in jail
• Fines of up to $1,000
• 4 points added to your Georgia driver's license
• Increased insurance premiums
• Possible license suspension for drivers under 21

For commercial drivers or out-of-state license holders (especially from TN, VA, SC, or NC), the impact may be even more severe. Some states treat reckless driving as grounds for automatic suspension.

When Does Reckless Driving Become a Felony?

While reckless driving alone is a misdemeanor, it can lead to felony charges if someone is seriously injured or killed. In such cases, the charge can escalate to:

• Serious injury by vehicle, or
• Vehicular homicide, with up to 15 years in prison per injury or death

These cases are treated with extreme seriousness, and legal representation becomes absolutely essential. Watch this video to learn about the important things to do if involved in a car accident.

DUI Reduction to Reckless Driving

Many people charged with DUI in Georgia hope to get their charges reduced to reckless driving. This is sometimes possible and can avoid license suspension and a permanent criminal conviction for DUI. However, achieving this reduction depends on:

• The evidence against you
• Your driving record
• Whether you refused testing
• Circumstances of the stop and arrest

Attorney Walt Moffitt frequently works with clients to explore plea options or challenge DUI evidence to pursue lesser charges.

Impact on Career and Insurance

For those who drive for a living—like Uber/Lyft drivers, commercial operators, or anyone with a company car—a reckless driving conviction can be devastating. Many companies terminate employees with criminal traffic offenses. Additionally, a conviction can lead to sharp increases in your auto insurance rates.

Building a Defense for Reckless Driving Charges

Each case is different, and no defense is one-size-fits-all. At Walt Moffitt Law, we evaluate your case from every angle, considering:

• Road conditions and weather
• Speed and traffic flow
• Officer’s perspective and report
• Witness statements or dashcam footage

We may argue that your actions were not reckless, but rather appropriate under the circumstances—or that the officer misinterpreted the situation.

Take Action Before Your Court Date

Failing to appear in court for a reckless driving charge can make things much worse. Jail time, additional charges, and a bench warrant are all possible outcomes. Contact a traffic defense attorney as soon as possible to protect your rights.

Call Walt Moffitt Law for Help

If you’re facing reckless driving charges in Catoosa, Walker, Dade, Whitfield, or Chattooga County, we can help. Call (706) 841-7222 or fill out our contact form to schedule a free consultation and begin building your defense today.