Serious Defense for Reckless & Aggressive Driving Charges

Both charges are serious, but they rely on distinct elements the prosecution must prove. We know the difference between the statutes, which is the key to an effective defense.

The law defines Reckless Driving ($O.C.G.A. 40-6-390$) as driving any vehicle in a "reckless disregard for the safety of persons or property." This is a broad charge that allows police significant discretion.

• Penalties: A conviction is a misdemeanor offense punishable by a fine up to $\$1,000$ and imprisonment up to 12 months. It results in 4 points added to your Georgia driver's license. If you are under 21, any offense resulting in 4 or more points automatically suspends your license.

Aggressive Driving ($O.C.G.A. 40-6-397$) is a much more serious offense that requires the prosecution to prove specific intent.

• Definition: Aggressive Driving occurs when a person operates a vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. It often involves committing multiple traffic violations simultaneously (like following too closely, illegal passing, and speeding).
• Penalties: A conviction is a misdemeanor of a high and aggravated nature. Penalties can include fines up to $\$5,000$ and up to 12 months in jail. It results in 6 points added to your license, pushing drivers closer to the 15-point limit for suspension (and automatically suspending the license of drivers under 21).
• Felony Risk: If the Aggressive Driving leads to serious injury or death, the charge can escalate to a Felony (Serious Injury by Vehicle or Vehicular Homicide).
• CDL Alert: Both Reckless Driving and Aggressive Driving are considered Serious Traffic Violations for Commercial Driver's License (CDL) holders and can quickly lead to a 60-day or 120-day disqualification of your license.