reckless driving

Reckless Driving

Reckless driving is a crime in the state of Georgia that includes driving in reckless disregard for the safety of persons or property. There are many examples of reckless driving including high speed, weaving, and other types of motor vehicle operation that leads to an accident. Reckless driving is an offense that legal counsel frequently seeks to obtain in order to reduce driving under the influence charges. Still, when individuals are faced with a reckless driving charge, it is a wise idea to retain the assistance of skilled legal counsel who can help an individual reach the best results possible. Individuals faced with reckless driving charges also frequently benefit from retaining the services of skilled legal counsel.

Applicable Law

Reckless driving is considered a crime in the state of Georgia. The offense of reckless driving is defined as operating a motor vehicle with “reckless disregard” for the safety of other people or property with which the vehicle might collide.

The exact details that constitute reckless driving are particularly ambiguous so that law enforcement can apply laws prohibiting reckless driving from numerous to numerous situations. Georgia courts have interpreted the reckless driving law as requiring an act of criminal negligence rather than an intentional act which means that there must be proof that an individual drove in a dangerous manner and that the operator should have been aware of the risk.

A mere judgment error will not amount to a sufficient action for a reckless driving charge. Lack of any injury or damage to individuals or property does not prevent a reckless driving charge. In some cases, reckless driving occurs when a motor vehicle operator’s car is either stopped at a roadblock or not seen driving which frequently requires the legal talent of a knowledgeable attorney about how to respond to a reckless driving charge.

Georgia’s Super Speeder Law

In 2010, Georgia introduced a law called the “Super Speeder Law”. This law applies to motor vehicle drivers who are convicted of speeding at seventy-five miles per hour or greater on a two lane road as well as a motor vehicle driver who is convicted of speeding at eighty-five miles per hour or above on any highway or road in the state of Georgia.

Individuals who are found in violation of the “Super Speeder Law” will be penalized by a two hundred dollar Super Speeder fee placed by the state of Georgia as well as other fines. Neglecting to pay the “Super Speeder” fine within one hundred twenty days will result in the suspension of an individual’s driving privileges.

Examples of Reckless Driving

Courts in the state of Georgia have found defendants guilty of reckless driving who perform several types of driving patterns including the following:

  • Aggressive driving.
  • Driving in excess of the speed limit.
  • Driving under the influence of alcohol or drugs.
  • Driving with faulty brakes.
  • Failing to obey red lights or stop signs.
  • Failing to yield to a right of way including failing to yield to an emergency vehicle.
  • Failing to give hand or electronic signals.
  • Not having proper lights in a motor vehicle.
  • Passing a stopped school bus.
  • Passing a motor vehicle in the middle of a curve.
  • Persistent or deliberate tailgating or following other motor vehicles too closely.
  • Racing other motor vehicles on the road.

The Consequences of Reckless Driving

Unlike many other traffic violations in the state of Georgia, reckless driving is considered to be a misdemeanor criminal offense that is punishable by twelve months in jail and a fine of one thousand dollars. Courts rarely do not impose a fine in the event that an individual is charged with reckless driving. In addition to these penalties, individuals will also be required to report this conviction on employment and rental applications.

Four points will also be placed on an individual’s driver’s license. Once fifteen or more points are accumulated in a twenty-four month period on an individual’s driver’s license suspension, that individual will have their driver’s license suspended. For individual who are under the age of twenty at the time of the offense, the individual’s driver’s license will be automatically suspended. Individuals should also remember that charges can arise for both reckless driving and super speeding violations.

Serious Injury by Vehicle Charges

Motor vehicle drivers who cause severe injuries to another individual while driving recklessly can be convicted of an offense called “serious injury by vehicle” which has the potential to result in one to twelve in prison as well as other various potential consequences. If an individual is killed due to reckless driving, an individual can also receive a vehicular manslaughter charge in addition to a charge of reckless driving. Vehicle manslaughter charges are particularly serious offenses that are classified as felonies in the state of Georgia.

Defending Against a Reckless Driving Charge

In the state of Georgia, any individual who drives any vehicle with reckless disregard for the safety of other individuals or property is guilty of engaging in the offense of reckless driving. There is significant discrepancy among attorneys, law enforcement, and judges, however, about exactly what type of driving behavior constitutes the required disregard for other individuals or property while operating a motor vehicle. Any law enforcement officer or judge can decide what type of behavior constitutes reckless driving. Because this required element of a reckless driving charge is open to interpretation, individuals are sometimes that their driving pattern did not constitute reckless driving. A skilled attorney can often prove essential in arguing this element.

Obtain the Services of a Skilled Reckless Driving Attorney

Unless you were involved in a motor vehicle accident causing injuries, you will usually be given a notice to appear in court soon after being charged with reckless driving. If you faced with a reckless driving charge, it is often a wise idea to immediately retain the services of a skilled reckless driving attorney like the legal counsel at Yeargan, Barber & Kert. Consider contacting a reckless driving attorney today to determine the best possible options for responding to a reckless driving case.

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