Reckless Driving Charge in Georgia vs. DUI – Key Differences and Legal Defense
Being charged with reckless driving or DUI in Georgia can be overwhelming. It’s important to understand the differences between these two serious offenses and the legal consequences associated with each. You may have been accused of excessive speeding, weaving through traffic, or driving under the influence(DUI). All of these charges carry potential fines, jail time, license suspension, and long-term effects on your record. With the help of experienced Georgia traffic lawyer Scott Fortas, you can fight your reckless driving charge or DUI with a strong legal defense tailored to your case.
If you need help call Georgia Dui/Reckless Driving Defense Lawyer Scott Fortas at 404-315-9936, 24/7, for a free ticket review
What Is Reckless Driving in Georgia?
Under Georgia Code § 40-6-390, reckless driving is defined as driving a vehicle in reckless disregard for the safety of persons or property. This is a broad statute that encompasses various driving behaviors deemed dangerous or aggressive. Examples include excessive speeding, racing, ignoring traffic signals, erratic lane changes, or tailgating. Reckless driving is considered a misdemeanor offense and can lead to significant penalties even for first-time offenders.
Contact our Georgia Reckless Driving/DUI lawyers for a free consultation, call 404-315-9936, 24/7.
What Is DUI in Georgia?
DUI (Driving Under the Influence) is addressed under Georgia Code § 40-6-391. A driver operating a motor vehicle while under the influence of alcohol, drugs (prescription or illegal), or a combination that renders them incapable of driving safely may be charged with DUI. The legal blood alcohol concentration (BAC) limit in Georgia is 0.08% for drivers over 21, 0.02% for drivers under 21, and 0.04% for commercial drivers.
Penalties for Reckless Driving
Reckless driving in Georgia is a misdemeanor and can lead to:
– Fines up to $1,000
– Up to 12 months in jail
– 4 points on your Georgia driving record
– Insurance premium increases
– Driver’s license suspension for repeat offenders
While it may be viewed as less serious than DUI, a reckless driving charge still carries criminal penalties. Thus these tickets should be handled with care.
Penalties for DUI
DUI is treated more seriously under Georgia law. Convictions can result in:
– Fines ranging from $300 to over $1,000
– Mandatory DUI school
– Jail time from 24 hours up to 12 months
– License suspension or revocation
– Community service
– Probation and ignition interlock device requirements
Second or subsequent DUI convictions within ten years bring harsher penalties, including longer license suspensions and mandatory jail sentences.
Frequently Asked Questions:
Q: Is a DUI or Reckless Driving Charge In Georgia More Serious?
A: A DUI is generally considered a more serious offense than reckless driving in Georgia. It carries harsher penalties and a greater stigma. However, the severity can vary depending on the circumstances of each case.
Q: Can a DUI Charge be Reduced to Reckless Driving?
A: In some cases, a skilled Georgia DUI attorney may be able to negotiate a plea bargain to reduce a DUI charge to reckless driving. This depends on various factors like your driving history, BAC level, and any aggravating circumstances.
Q: What Should I Do if I’m Stopped for Reckless Driving or DUI?
A: What to do if you are pulled over:
- Stay Calm and Polite: Cooperate with the officer but avoid self-incrimination.
- Provide Identification and Documentation: Have your license, registration, and insurance ready.
- Be Mindful of Your Rights: You have the right to remain silent and to an attorney.
- Avoid Field Sobriety Tests: Politely decline to participate.
- Contact an Attorney: Seek legal counsel, call 404-315-9936 for a free consultation, as soon as possible.
How Attorney Scott Fortas Can Help
Georgia traffic attorney Scott Fortas has decades of experience representing clients charged with reckless driving or DUI across the state. His goal is to protect your record, reduce or eliminate penalties, and ensure your rights are upheld throughout the legal process.
Attorney Fortas and his team can:
– Investigate the circumstances of your traffic stop
– Review evidence for weaknesses or errors
– Negotiate with prosecutors for reduced charges
– Represent you in court and DMV hearings
– Work to avoid jail time, points, and insurance increases
Factors That Influence a Reckless Driving or DUI Charge
Whether you’re charged with DUI or reckless driving often depends on the officer’s observations, BAC level, field sobriety test results, and video or witness evidence. In some cases, a DUI arrest may result in a plea bargain for a reckless driving charge, especially when the prosecution has weak evidence or the defendant has no prior offenses.
Understanding the differences between reckless driving charge and DUI offenses in Georgia is crucial for any driver. If you’re facing charges, consulting with a qualified Georgia DUI attorney such as Attorney Scott Fortas can make a significant difference in the outcome of your case. Remember, your rights and future are at stake, so seeking professional legal guidance is essential.
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