By: Larry Kohn, Partner in the Firm and Co-Author of two nationally-published traffic crime related publications
Facing a DUI charge can be daunting. A DUI conviction can come back up for the remainder of a person’s life, whereas reckless driving is not perceived by most people to be nearly as severe a crime.
Before going any further, almost ALL DUI arrests create the need for that driver to APPEAL — no later than 30 days after arrest — the administrative suspension or OPT for and install a 12-month IID (ignition interlock device), IF ELIGIBLE. Watch this video to learn more.
Many drivers get pulled over for traffic violations or broken taillights. They might also be charged with DUI (driving under the influence), once the officer approaches their vehicle window to look over their license and insurance.
In this comprehensive guide, we’ll delve into the intricacies of reckless driving in Georgia. We’ll explore the consequences, the possibility of getting a DUI charge reduced, and the importance of legal representation. Being assessed four (4) reckless driving Georgia points on your driving history is far better than being saddled with a drunk driving crime for life.
In this article, for brevity purposes, the use of “RD” to mean reckless driving will be sometimes used. Criminal lawyers and prosecuting attorneys often truncate the phrase in this manner.
However, there might be an opportunity to reduce it to reckless driving. Understanding this process of seeking a GA reckless driving charge can greatly affect your case in the long run. So, keep reading.
Far fewer reckless driving arrests are made than DUI arrests. Dropping reckless driving charges to a lesser crime is sometimes possible, but so long as the case does not START as a DUI and then need a reduction to another offense (like RD) a reckless driving offense can later seek “record restriction” (expunction), under current Georgia laws.
The GA statute for RD [OCGA Section 40-6-390] reads as follows:
- “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”
In case your question is one of the top 5 shown below, here are the “short” answers to the questions:
(1) Is reckless driving a felony? No, there is no felony for reckless driving. However, if you cause a death (Vehicular Homicide) or serious injury while driving recklessly, you could face felony charges.
These charges include “homicide by vehicle” or “serious bodily injury by vehicle.” If an unborn child dies in your reckless driving crash, you could also be charged with “feticide by vehicle.”
(2) How long does reckless driving stay on record? Possibly forever, if the case started as a DUI and was later reduced to RD. This is because the Georgia Legislature passed laws that a reckless reduction from an original arrest for impaired driving cannot later be expunged.
So, for how long a reckless driving conviction stays on record in GA can only be answered by “it depends.” A DUI dropped to reckless driving in GA is not able to be expunged, under current laws in the Peach State.
(3) What are the reckless driving Georgia penalties? The statute only talks about jail time. There is no set maximum or minimum fine. However, standard misdemeanors in Georgia can have fines up to $1,000, plus extra fees. Also, the maximum jail time for misdemeanors in Georgia is 12 months.
(4) Can a lawyer get a reckless driving ticket dismissed? Sometimes, this is possible to achieve. But getting the DUI charge reduced — and not totally dropped — is a more common solution that our criminal attorneys near me have obtained.
(5) Should I start doing community service hours, just to be proactive about my case? No, since the statute on reckless driving (unlike the GA DUI statute) does not outline community service hours as a mandatory punishment. Yet, some judges will sentence those convicted of RD to some community service hours, in certain courts.
Can My Lawyer Get Reckless Driving Ticket Dropped?
Not usually, but occasionally this outcome can be achieved. This would have to be a complete lack of evidence for this outcome to be a topic of discussion.
Reducing DUI charges to reckless driving is not easy. When you decide upon meeting with a reckless driving attorney near me, try to cull out any average attorneys or good lawyers and find a true expert in reckless driving and DUI defense.
A person facing a first DUI offense with a top ranked DUI defense lawyer is much more likely to get a reduction than a repeat DUI offender. If the prosecutor sees representation by an attorney not known for being an expert on DUI laws, why would that prosecutor be hesitant to litigate your case?
In our Firm’s experience, prosecutors will know that defense lawyers are knowledgeable. At the State Bar’s annual seminars, our Firm’s partners are often chairing the programs or speakers. This is partly because our three law partners write the leading book on DUI defense in the State of Georgia.
They need to see that defense lawyers may even know more than they do. We rarely see a case where a reckless driving ticket is given along with a DUI charge.
In all cases, these kinds of alternative case dispositions will require negotiation. This often happens through plea bargaining between your DUI lawyer and the prosecutor assigned to prosecute the case.
The Role of a GA DUI Lawyer in Reducing Charges
A DUI lawyer in GA is an essential asset in charge of reduction efforts. Their legal expertise allows them to craft a compelling defense strategy. They understand the nuances of DUI laws and local legal processes.
The lawyer investigates every detail of your arrest. They scrutinize the validity of tests conducted and the legality of the traffic stop. Partner Cory Yager was a law enforcement officer for nearly a decade before finishing law school and becoming an Atlanta criminal attorney.
By challenging evidence, they create leverage for negotiations. This can lead to reduced charges from DUI to RD.
A DUI lawyer also will negotiate with the prosecutor assigned to your case. They use their negotiation skills to advocate for lesser charges. Their representation increases your chances for a better legal outcome.
Having experienced legal counsel ensures that your rights are protected. They provide the guidance needed to navigate legal complexities.
This support can be invaluable in achieving a charge reduction. If our Law Office produces the book on how to get a DUI dropped to reckless driving, why would you want to look elsewhere for your legal counsel?
Think of this important distinction between our Firm and all others: Our Partners are co-authors of Georgia’s leading law book on DUI and reckless driving cases, and most prosecutors’ offices pay for a copy of our 1400-page book.
Will a First Time Reckless Driving Conviction Take Away an Underage Driver’s License?
Yes. Any four-point conviction will take away an under 21 driver’s license.
But, can a DUI be reduced to reckless driving? In some cases, yes.
Factors such as a clean criminal history and the specifics of your case can influence this. A skilled Georgia reckless driving lawyer can negotiate on your behalf, potentially getting your charges reduced or even dismissed.
Understanding the nuances of these laws and the legal processes involved is crucial. It can make a significant difference in the outcome of your case.
The Importance of Timely Legal Intervention By an Attorney
Getting legal help early can greatly affect your reckless driving case. The sooner you talk to a skilled criminal lawyer, the more time they will have to create a strong defense for you.
Quick action allows your lawyer to gather evidence while it is fresh. Witnesses can be interviewed, and scene investigations conducted promptly.
Immediate legal assistance helps in identifying procedural errors made by law enforcement. These errors can sometimes result in charges being reduced or dismissed.
By acting swiftly, you ensure that all possible defenses are explored. Your lawyer can leverage these findings in negotiations or in court, seeking the most favorable outcome.
Timely intervention also helps in managing the emotional stress of a criminal charge. Having a dedicated legal advocate on your side offers peace of mind.
Before You Hire a DUI Lawyer Near Me, Tap Into Our 92 Cumulative Years of Experience
The call is FREE. Our law partners offer liberal payment plans for either a DUI case seeking a reduction to reckless driving or for a driver facing RD in the original traffic citations.
Our attorneys have negotiated approximately 1,100 reckless driving first offenses in GA cases that began as a DUI arrest. Choose lawyers who communicate clearly and respect your situation, avoiding those who pressure you for fees without discussion.
Effective communication with your criminal defense lawyer is essential, and our firm ensures direct contact with experienced law partners. Ultimately, you should select DUI lawyers near me that you trust. Also, where else can you find more successful reckless driving lawyers near me than with the guys who have written Georgia’s leading book since 1995?
An Atlanta criminal attorney who is a 24-hour lawyer near me. When facing a Criminal Offense, the accused person needs to talk with an affordable criminal defense attorney Atlanta. DIAL 404-567-5515 now. That is why our initial consultation is FREE, and our phone is answered 24 hours a day by our attorneys at law, and not by a staff member.