Reckless Driving in Georgia

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Every year, millions of people suffer life-threatening injuries and fatalities in road accidents. A significant number of these injuries and deaths are attributed to reckless driving. In fact, U.S. authorities classify reckless driving as a far more serious offense than careless or improper driving.

Below, we look at the reasons behind reckless driving and the potential penalties you get from being a reckless driver.

What Is Considered Reckless Driving?

It’s easy to assume that reckless driving and careless driving mean the same thing. Many people use the two expressions interchangeably. But these are two different offenses.

As noted by O.C.G.A. §40-6-350, you’re culpable of reckless driving when you drive a car in deliberate disregard for the safety of other motorists, passengers, or property. On the other hand, you get a careless driving charge when you don’t pay enough attention while driving.

The intent behind each offense makes the difference between the two terms. The courts in the state of Georgia often take into account several factors to determine whether you’re involved in reckless driving. These include:

· What time of day did the violation occur?

· The weather elements at the time

· Were there other drivers on the road?

· Was the vehicle in a roadworthy state?

· How well was the driver acquainted with the locality?

Driving recklessly goes beyond negligence. Basically, the offender has to act deliberately with complete disregard for safety. The prosecuting officer doesn’t necessarily need to prove the mental state of the driver at the time. They only need to demonstrate that the circumstances involving the car crash points to reckless driving.

Reckless driving comes with an increased amount of risk to your life and that of other people. Yet, the prosecution does not necessarily need to place other people at the scene and conclude that their lives were in danger due to your careless driving.

The reckless driving charge would still hold even without property damage or anyone else on the road. In this case, you are deemed to be endangering your own life or property by driving recklessly.

Below are some of the behaviors that lead to careless driving:

Behaviors That Lead to a Reckless Driving Charge

· Excessive speeding: Driving at speeds beyond the posted speed limit will attract a reckless driving ticket.

· Traffic laws violation: When you neglect to stop at a traffic stop sign, you’re regarded as a careless driver.

· Racing: When you and your friends decide to turn a normal road into a Formula One track and start racing, you pose a significant danger to your lives and those of other road users.

· Improper passing: The broken yellow line on the road indicates that overtaking is allowed. Equally, a solid yellow line indicates that no overtaking is allowed. So when you decide to overtake on a blind curve, you’re significantly risking an accident.

· Disregarding railroad barriers: When you circumvent railroad barriers, you’re likely to get hit by an oncoming train. Even if you don’t get hit, you will be charged with reckless driving.

· Drunk driving: There’s a higher chance of ignoring road safety rules when you drive under the influence of drugs and alcohol.

· Tailgating: This occurs when you follow another car in the same lane very closely than deemed reasonable in the context of traffic, weather elements, or road conditions. The leading driver may need to hit the brakes abruptly. And because the distance between the vehicles is harder to judge, you may end up crashing into the car in front of you.

· Unroadworthy vehicle: Driving a car that you know has serious technical flaws, for example, faulty brake pads.

Aggressive Vs. Reckless Driving

There are similarities between aggressive and reckless driving. Both involve engaging in unsafe driving acts, endangering the lives of others and damaging property.

You are guilty of aggressive driving when you drive your car with the intention to annoy, harass, molest, intimidate, injure, or obstruct a fellow road user. Aggressive driving is popularly known as road rage.

A reckless driving charge only applies where you take part in unsafe driving behavior. This means that you don’t take into account the safety of other road users and property.

The difference between the two lies in the intent. You’re culpable of reckless driving when you drive in a manner that endangers both your life and that of other people without the intention to do it. Aggressive driving, by contrast, involves engaging in aggressive behavior with the intention of harassing or harming other drivers. Thus, an aggressive motorist is one who deliberately behaves irresponsibly.

Aggressive driving behavior takes various forms, including:

· Illegal passing

· Excessive horn blaring

· Brake checking

· Dangerously changing lanes

· Cutting off fellow motorists

· Driving on the sidewalk

· Confrontational body language

· Tailgating

· Not giving the right of way

· Flashing headlights

· Blocking other vehicles trying to overtake

· Running stop signs

· Failure to use a turn signal

· Racing

· Over-speeding

· Not observing safety zones

So what penalties should you expect for reckless driving? Read on to find out.

Penalties for Reckless Driving

Reckless driving is classified as a misdemeanor according to Georgia state law. If found guilty, you will incur a fine not exceeding $1,000 or a 12-month jail sentence. The court often incorporates some community service, defensive driving training, or probation into the punishment.

For drivers aged 21 and below, a reckless driving conviction will have their driving licenses automatically suspended. Jail is usually not likely, although it depends on the underlying act.

You may face greater penalties if you’re found guilty of other charges as well. For example, if you were driving recklessly in an attempt to run away from a police check, fines may go up. You could also possibly get some time behind bars.

And, if the reckless behavior results in serious injury or death by vehicle, you may end up facing felony charges and end up behind bars.

How to Avoid Reckless Drivers on the Road

You might be lured into responding to a reckless driver with the same manner of aggression. However, allowing vengeance to take over your faculties may lead to a serious car crash, causing injury or death.

Yes, you can’t control the behavior of other motorists. But you can control how you react to their unsafe behavior by not engaging them. Here are some of the ways to diffuse reckless drivers on the road:

·         Pay attention: Do not be distracted by the sort of unsafe driving behavior you see from other drivers. Stay alert when driving. Otherwise, you may not notice another driver who is changing lanes haphazardly in time to avoid a car crash.

·         Maintain a safe driving distance: If you’ve noticed a reckless driver in front of you, keep a safe distance between you two. Don’t follow them closely. They might apply breaks out of the blue, and you won’t have enough time to react. Alternatively, you can pull over for a few minutes to allow the reckless driver to continue with their journey.

·         Contact the authorities: It’s the responsibility of a good citizen to alert the authorities of any person breaking the law. In this case, contact the highway patrol to report a reckless driver. This simple action may ultimately save lives.

·         Always relax while on the wheel: Most drivers tend to get stressed when running late to their destination. Planning your travel time adequately helps to reduce stress. Thus, you’re less likely to engage in unsafe driving acts or respond with hostile gestures to dangerous drivers.

Avoid Reckless Driving

It’s your responsibility to drive safely while taking into account the safety of other road users and property. Failure to do so will have you facing either reckless driving or aggressive driving charges.

If slapped with a reckless driving charge, consider contacting a defense lawyer to discuss your legal options.

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