Reckless Driving: OCGA 40-6-390

Reckless Driving: OCGA 40-6-390

  • Prohibits any person from driving in a reckless disregard for the safety of persons or property.
  • Misdemeanor charge; up to 12 months in jail or on probation and $1,000 fine
  • 4 point Georgia driver's license offense, however, does not automatically suspend unless under 21
  • Very commonly used as lesser offense to DUI in negotiated pleas
  • Because of its ambiguity, it can arguably be better to plead to than other more specific offenses (Speeding 120 in a 70, or Racing)
  • Is finger printable, can be arrested
  • "The offense of reckless driving may be committed in a variety of ways, and whether a defendant's manner of driving under the circumstances demonstrated a reckless disregard for the safety of others is a question that is reserved for the jury." Travis v. State, 314 Ga. App. 280 (2012)
  • "Even when unaccompanied by other traffic violations, however, speeding "can form the basis for a reckless driving conviction if the [S]tate presents evidence that a defendant was driving at an excessive rate of speed given the posted speed limit and the driving conditions existing at the time." Travis v. State, 314 Ga. App. 280 (2012)

This information on Reckless Driving is intended to be a quick reference and should not be relied upon as the basis for any legal decisions or as legal advice. Every case is different; consult a qualified attorney if you are facing criminal or traffic charges.

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