We Care

Defense strategies if accused of reckless driving

If the police stop you and issue a reckless driving ticket, you may think there is no point in contesting it. After all, some traffic tickets bring minor consequences. However, in Georgia, you should not take a reckless driving charge lightly. It is classed as a misdemeanor and will result in a criminal record if convicted.

What are the penalties you could face if found guilty?

A court could send you to prison for 12 months and fine you up to $1,000. You will also get four points on your license, which could lead to a license suspension if it takes you over the 15 point limit. Even if you retain your license, you will pay increased insurance premiums.

How can you defend yourself against these charges?

Was it reckless? The problem with a reckless driving charge is that there is no hard and fast list of which activities constitute the offense. Georgia code defines it as “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.” It gives the police considerable scope to issue a ticket if they do not like the way you are driving.

One of the key defense strategies an attorney could use is to debate whether your action was indeed reckless. Just because the law officer thought so does not mean a judge will agree. Much depends on the particular circumstances. Swerving across an empty road at three in the morning would be very different from doing the same when the road is full of children and parents on the school run.

Can the police prove it?

Do the police have any evidence to back up their claim? Can they prove it was you driving? They may have seen a blue car driving in a particular manner, but can they be sure it was your car? If they have speed measurements, was the machine accurate?

Did the police follow the correct procedures?

If the law officers forgot to read your rights or breached the protocol in some other way, a court might dismiss the charges against you.

Seek legal help if facing a charge for reckless driving. The consequences are severe if found guilty. It is not something to ignore or try and defend alone.

Archives