Reckless driving is defined under Georgia law as operating a vehicle without regard for the safety of people or property. Although considered a misdemeanor offense, reckless driving can have serious repercussions that affect employment opportunities as well as your ability to obtain financing or rent an apartment.
James Yeargan of Atlanta Criminal Attorney is known for reducing DUIs to reckless driving charges. Here are some tips to determine whether this might be applicable in your situation.
1. If You Are a First Offender
Georgia law makes reckless driving serious business, with penalties that include fines of up to $1,000 and imprisonment of up to 12 months for a first offense. A judge may also impose community service, defensive driving school classes, drug and alcohol evaluation or probation based on his discretion. A conviction will also add four points onto your driver record in Georgia.
Reckless driving in Georgia law is defined as operating a vehicle with “reckless disregard for the safety of persons or property.” This can include weaving, speeding and passing other vehicles over double yellow lines as well as running red lights or stop signs.
An Atlanta DUI lawyer can be your most effective ally when seeking this type of reduction. They know exactly how to negotiate for such a resolution with local prosecutors and take all steps possible to secure such an outcome for their clients. To secure such an outcome, the best course is hiring one of these top Atlanta lawyers as soon as possible.
2. If You Are Charged with a DUI
Georgia law treats DUI convictions much more seriously than regular traffic tickets, with penalties including jail time, probation, DUI school, alcohol evaluations, community service requirements and heavy fines. A judge may even order license suspension if this is your first DUI within 10 years or you act aggressively towards law enforcement officers.
Hire an experienced DUI attorney and they may be able to reduce your charges to reckless driving. Your cooperation during arrest, as well as having a clean record is of immense benefit in getting this done; negotiations skills of your lawyer play a pivotal role here; reckless driving convictions remain on criminal records with four points deducted but do not cause suspensions or raise insurance rates as dramatically.
3. If You Are Charged with a Felony
Reckless driving refers to any form of behavior which endangers the safety of other drivers, passengers or pedestrians on the road. It may involve speeding, weaving through traffic lanes unsafely, running red lights and stop signs without stopping first and disregarding legal instructions.
Georgia law holds that reckless driving offenses may result in up to 12 months in jail and fines up to $1,000; additional community service or other conditions imposed by a judge could also apply, with your driving privileges potentially being suspended and employment opportunities being negatively impacted as a result of being found guilty.
If you have been accused of DUI, having an experienced criminal defense attorney on your side can be invaluable. A knowledgeable attorney may negotiate a plea bargain or present strong legal arguments that convince the prosecutor to offer more lenient terms, such as Reckless Driving reduction. Unfortunately, under Georgia law this type of reduction cannot later be expunged like other misdemeanor offenses qualify for record restriction or removal.
4. If You Are Charged with a Misdemeanor
Georgia law defines reckless driving (OCGA 40-6-390) as any act in which driving a motor vehicle with disregard to the safety of people or property can result in substantial penalties, and can even escalate into vehicular homicide, serious injury by vehicle, or feticide by vehicle charges if fatal crashes result. In such instances, reckless driving cases could be elevated into felonies with charges such as vehicular homicide, serious injury by vehicle, or feticide by vehicle being filed against those found responsible.
An offense for reckless driving will incur points to your driving record and may result in license suspension for drivers under 21. These convictions remain on your criminal record indefinitely and could negatively impact employment opportunities that require having an unblemished driving history, or who use driving as part of their livelihood.
An experienced criminal defense attorney may be able to get your DUI charge reduced to reckless driving, potentially saving points, a criminal record and jail exposure. A veteran attorney will know where the evidence might have gaps that they can exploit to their advantage in this pursuit.
