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Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on October 06, 2022.


Understanding Reckless Driving Offenses

Are you troubled about being charged with reckless driving in Gwinnett County? Don’t be. A Gwinnett County reckless driving lawyer can assist you so you do not go through the process alone.

An individual who recklessly drives a vehicle disregarding the safety of others or property is guilty of reckless driving. Reckless driving can result in four points being added to your driving record.

A reckless driving conviction can result in a fine or imprisonment for up to 12 months. If you are facing charges for traffic violations, seek the assistance of a knowledgeable, skilled attorney.

What Is a Reckless Driving Case?

In such a case, the prosecutor tries to prove you drove without considering people’s safety or the property around you, even if there was no accident. During your reckless driving case, your lawyer must prove that your driving was not careless and that no one was injured.

To prepare for your appearance in court after receiving a reckless driving charge, you should note the following:

  1. Reckless driving is not a traffic infraction: Infractions, also known as violations and civil infractions, constitute the majority of traffic tickets. While these acts or omissions are illegal by law, they are not crimes and do not carry a criminal conviction.
  2. Contact an attorney who will stand up for your rights for representation in Barrow County Traffic Court.
  3. It’s a serious charge and should be taken seriously: Reckless driving offenses are serious traffic offenses taken very seriously by prosecutors and judges. As well as jail time and penalties, convictions for these cases can negatively affect your driving privileges, career, and security clearance.
  4. The point system applies to traffic violations in Georgia: When drivers are found guilty of violating traffic laws, they’re given points. The points are recorded on the motorist’s driving record; if you accumulate 15 points within two years, your license may be suspended or revoked.
  5. Georgia’s Super Speeder Law: Introduced in 2010, this law imposes an additional $200 on vehicles found speeding over 75 mph on two-lane roads and 85 mph on highways. Your driving privileges might also be suspended if you fail to pay the super speeder fine within one hundred twenty days.

Your Virginia reckless driving attorney can help you avoid or reduce the consequences if you face super speeder tickets or any other driving offense.

Types of Reckless Driving Offenses

Georgia treats reckless driving as a serious crime, making it important to seek qualified legal defense. There are different types of reckless driving offenses in Georgia. These include:

  • Excessive Speeding – Driving at a speed greater than 85 mph on an interstate or highway and at least 20 mph over the posted speed limit.

  • Aggressive Driving – This includes aggressive acts such as tailgating, swerving in and out of lanes, and failing to yield.

  • Distracted Driving – Any form of driving while distracted by a smartphone, GPS, or other electronic device can be considered reckless driving.

  • Drunk Driving – If an individual has a blood alcohol content (BAC) of 0.08% or higher, they can be charged with reckless driving.

  • Racing on Highways – Racing another vehicle on a highway is considered reckless driving in Georgia.

  • Passing a Stopped School Bus – Passing a stopped school bus with its red lights flashing and stop sign extended is dangerous and considered reckless driving.

  • Failure to Give Proper Signals – Failing to signal while driving, especially when changing lanes or turning, can be considered reckless if it endangers others.

  • Driving Too Fast for Prevailing Conditions includes driving too fast in inclement weather, such as rain, snow, ice, or fog.

  • Driving with a Suspended or Revoked License – Driving without a valid license, either suspended or revoked, is considered reckless driving in Georgia.

Reckless driving penalties are severe and can lead to jail time, fines, and license suspension. Additionally, having a reckless driving conviction on your record may make obtaining employment or certain professional licenses difficult.

How Can a Virginia Reckless Driving Attorney Help You?

Reckless driving charges might seem frightening, but a Virginia reckless driving lawyer can help you fight the charges and may be able to clear all your charges. For reckless driving in Georgia, here are the possible defenses a lawyer can suggest:

  • Prove you were not driving carelessly: This is always the first and simplest defense your attorney can use. If your lawyer can prove that you were not driving with willful or wanton disregard for safety, you may escape the reckless driving charge.
  • The radar gun was faulty: If your charge is built on speed, your lawyer can argue that speed detection radar was unreliable. Regularly check your radar guns to ensure they stay accurate. If the police officer who charged you with reckless driving was not well-trained, the court could disregard your charge.
  • Your driving was careless out of necessity: In some circumstances, such as when you were running away from something, afraid for your life, or expecting or in an emergency, you may argue that you had no choice but to drive recklessly.

As part of a ticket negotiation, your reckless driving ticket lawyer can ask the prosecutor to reduce the speed charged to reduce the ticket’s points.

By successfully defending your case, you may be able to keep your insurance costs down and remove points from your license by maintaining a clean driving record. Although an attorney might not be able to erase the reckless driving citation from your driving record, you might be able to save money by hiring one.


Get in Touch With Gwinnett County Reckless Driving Lawyers

In reckless driving cases, the jury, prosecutors, and traffic police are responsible for deciding the verdict. Individuals perceive issues differently, so how one officer perceives your case may differ from how another officer perceives it.

Our duty at Philip Kim Law, p.c. is to avoid making the team see your case from another angle for your advantage to help you avoid paying a Gwinnett County Traffic Court Ticket.

Call our office at (470) 354-0909 or fax at (678) 273-3501 to get a free consultation. 

Our reckless driving lawyers have had successful cases throughout Gwinnett with their experience and skills. 

Frequently Asked Questions

Reckless driving is a misdemeanor offense in Georgia. Depending on the judge, this could involve a maximum $1,000 fine, up to 12 months of jail time, community service, or an alcohol and drug evaluation. If you’re facing reckless driving charges, contact a reckless driving attorney for assistance on your criminal offense.

Can a DUI Be Reduced to Reckless Driving?

Because most prosecutors are reluctant to dismiss a DUI case, the chances of the case being wholly brushed aside are minimal. A first Georgia DUI reduced to reckless driving is a more likely scenario. There are numerous advantages to having a DUI case reduced to reckless driving in Georgia.

How Long Does Reckless Driving Stay On My Record?

A criminal traffic conviction in Georgia stays on a driver’s record for life. Furthermore, there is no option for expungement under Georgia’s reckless driving law. This means that once you are convicted of reckless driving, it will remain on your record permanently.

Can I Go to Jail for Reckless Driving in Virginia?

Yes, reckless driving is a criminal offense in Virginia and can result in jail time, depending on the circumstances of the case.

Request a Free Legal Consultation

Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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