Reckless driving is not a simple traffic infraction. In Georgia, it is a misdemeanor criminal offense that carries up to 12 months in jail, a fine of up to $1,000, four points on your license, and consequences for your insurance, your employment, and your criminal record.
At Philip Kim Law we represent clients charged with reckless driving across Lawrenceville and Gwinnett County, examining the evidence, challenging the basis for the charge, and pursuing the best available outcome.
This is a specific-intent element, the prosecution must prove not just that the driving was dangerous, but that it was knowing and deliberate.
That element matters. A driver who made a poor decision in an emergency, misjudged road conditions, or was responding to a situation outside their control may not have acted with the willful disregard the statute requires. The precise circumstances of the stop and the officer’s basis for the charge are the first things an attorney should examine.
How Reckless Driving Differs From Other Traffic Charges:
Understanding where reckless driving sits relative to other charges matters for both the defense and the potential outcomes:
Excessive speeding
Particularly at 85+ mph on an interstate or 75+ mph on a two-lane road (Super Speeder thresholds), or significant speeds in residential areas.
Street racing or drag racing
Including informal racing on public roads.
Aggressive lane changes or tailgating
Conduct that an officer characterizes as willful disregard for the safety of others.
Running red lights or stop signs
At high speeds or in a manner that allegedly creates a substantial risk of collision, injury, or harm to pedestrians and surrounding traffic.
Distracted driving
In circumstances that rise to the level of willful disregard, such as texting while speeding, using a phone while driving aggressively, or failing to maintain awareness of surrounding traffic conditions.
Unsafe driving in school or construction zones
Where enhanced attention is legally required and where prosecutors often pursue more serious penalties due to the heightened risk to children, workers, and pedestrians.
Passing a school bus with stop sign extended and lights flashing
A serious traffic offense in Georgia that can lead to significant penalties due to the danger posed to children entering or exiting the bus.
The defense approach depends on the facts of the stop and the evidence the prosecution has. Common strategies include:
Insurers classify reckless driving as high-risk behavior and respond with substantial premium increases, often 50 to 100 percent or more, depending on the carrier and your prior history. A reckless driving conviction can affect your rates for three to five years.
For younger drivers, the impact is often even greater. Some carriers may decline to renew a policy following a reckless driving conviction and require a high-risk plan instead. Avoiding a conviction, or reducing the charge to a lesser offense, is almost always preferable to managing the insurance consequences after the fact.
Understanding of the criminal nature of the charge
Reckless driving is not a traffic ticket. It is a criminal misdemeanor that appears on your criminal record, not just your driving record. That distinction matters for employment, background checks, and professional licensing.
Familiarity with local courts and prosecutors
Reckless driving cases in Gwinnett County are heard across different courts by different prosecutors. Knowing how each court approaches these cases and what reduction options are realistic in practice matters.
Focus on the full picture
The charge affects your criminal record, your driving record, your insurance, and potentially your employment. Effective defense requires evaluating all of those consequences, not just the fine.
Yes. Reckless driving under O.C.G.A. § 40-6-390 is a misdemeanor criminal offense in Georgia, not a simple traffic infraction. A conviction creates a criminal record in addition to a driving record entry, and carries up to 12 months in jail and a fine of up to $1,000.
A reckless driving conviction adds 4 points to your Georgia driving record. Georgia’s suspension threshold is 15 points within 24 months, so a single reckless driving conviction represents a significant portion of that threshold.
In many cases, yes. Depending on the facts, the evidence, and the prosecutor’s position, a reckless driving charge may be negotiated to a lesser traffic violation with fewer points and no criminal record impact. This is one of the most common and valuable outcomes an attorney pursues in these cases.
Yes. A reckless driving conviction while operating a commercial motor vehicle can result in CDL disqualification under federal and state regulations. For commercial drivers, the consequences of a reckless driving conviction are more severe than for standard license holders, and the defense should account for those specific consequences.
Yes, in several ways. First, the 4 points added by a reckless driving conviction count toward the 15-point threshold for suspension. Second, drivers under 21 face automatic license suspension upon conviction. Third, if reckless driving is charged alongside DUI or other serious violations, the combined consequences can trigger suspension through multiple pathways.
No. Under current Georgia law, reckless driving convictions are not eligible for record restriction. This permanence is one of the strongest reasons to fight the charge rather than accept a plea.
It affects your record, your insurance, and your reputation, and you can’t undo it later. The time to fight is now. Philip Kim Law defends reckless driving charges across Gwinnett County.
Contact us today at (678) 273-3500 to schedule a free, confidential case evaluation.
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