Driving too fast, running a red light or forgetting to use a turn signal are all behaviors that technically break the law. However, Georgia does not treat those traffic violations as crimes worthy of prosecution. Instead, police officers simply issue citations when they witness certain criminal conduct on public roads.
More serious traffic violations that put others at risk may lead to criminal prosecution. Motorists accused of drunk driving typically face criminal prosecution instead of a traffic ticket. The same is true in scenarios where police officers claim that a driver was reckless on the road. Allegations of reckless driving may result in a driver’s arrest and prosecution.
When does a traffic violation cross the line and become a case of reckless driving under Georgia state statutes?
Reckless driving puts others in danger
In some states, the definition of reckless driving is very specific. It might include speeds a certain amount over the posted limit and other highly particular traffic violations. In Georgia, the statute is much broader and is therefore open to interpretation.
Any traffic conduct that indicates a willful lack of regard for the safety of others may constitute reckless driving. Excessive speeding, driving the wrong way on a one-way street, attempting to perform stunts on vehicles and many other behaviors may seem reckless to a police officer.
Reckless driving is a misdemeanor offense that can lead to $1,000 in fines and up to 12 months in prison, along with a criminal record. The statute also explicitly prohibits drag racing, although the penalties may be slightly lower in reckless driving cases related to street racing as opposed to patently unsafe conduct.
How do drivers fight reckless driving allegations?
The vague language used in the reckless driving statute actually creates an opportunity to defend against allegations. Motorists can hire defense attorneys to help them respond to the charges they face. Perhaps they have an explanation for behavior that appeared reckless. Maybe the police officer judged them more harshly than a reasonable person might in the same situation.
Reviewing the situation that led to an arrest with a skilled legal team can help a motorist accused of wrongdoing prepare a defense strategy. People can and do successfully fight reckless driving charges or convince the courts to reduce the charge to a simple traffic citation, often thanks to support from someone who understands the law and the court system.