Reckless Driving

Reckless Driving in Georgia

Reckless driving refers to operating a motor vehicle in an aggressive and dangerous manner, meant to annoy, endanger, harass, injure or harm another person. Reckless driving can refer to a variety of dangerous behaviors while operating a vehicle, such as:  excessive speeding, reckless passing, racing other vehicles, driving with a small amount of alcohol in your system (below the legal limit for a DUI.

Consequences of a Reckless Driving Conviction

Reckless driving is a more serious traffic violation that may be charged as a misdemeanor offense.  This means that a person convicted of Reckless Driving may be sentenced to up to 12 months in jail or on probation, and may be required to pay a fine of up to $1,000. Court costs may also be added to the total fine, potentially resulting in a fine above $1,000, as well as a monthly probation fee.

In addition to the fine, a reckless driving conviction adds 4 points to your license, will be reported to the Department of Driver Services, and it will also be included on your permanent driving record.

If you are under 21, the consequences of a reckless driving conviction may be more severe, including a license suspension, which can affect your ability to get to school or work.

​Aggressive Driving

Aggressive Driving in Georgia

Aggressive Driving is the legal term for road rage. The statute governing Aggressive Driving is O.C.G.A. § 40-6-397. It states that a person commits the offense of Aggressive Driving when he or she “operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.” Just like there is no single definition for “road rage,” there is no single definition of Aggressive Driving. It can encompass a wide variety of behaviors, including (but not limited to):

• Tailgating (also called Following Too Closely),
• Overtaking/passing another driver,
• Brake checking,
• Driving slowly to impede the flow of traffic, and
• In general, driving recklessly.

Although the law lists out some actions that can be considered Aggressive Driving, the law specifically says that the list is not exhaustive. Any action taken while behind the wheel of a moving vehicle, if done with the intent to harass another driver, can constitute Aggressive Driving.

Consequences of an Aggressive Driving Conviction 
Aggressive Driving is classified as something called a High and Aggravated Misdemeanor. That means that it is still technically a misdemeanor and not a felony. But the penalties for a conviction are higher than they would be for a normal misdemeanor. For Aggressive Driving, the maximum penalty is a fine of $5,000 (plus court costs and fees) and 12 months in jail. These penalties are quite severe and can seriously affect a person's liberty and financial stability.

A conviction for Aggressive Driving will be reported to the Georgia Department of Driver Services, and six points will be assessed.  Essentially, drivers over 21 who accrue 15 or more points in a 24-month period of time will have their licenses suspended. Aggressive Driving, as a six point offense, can push you over the edge if your driving history is less than perfect. A license suspension can affect your ability to get to work, drive your kids to school, etc.

Passing a School Bus

The law in Georgia related to the duty drivers have when encountering a school bus on the roadway or very specific. Georgia law  (O.C.G.A. §40-6-163(a)) states that, “…the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated.”

In other words, after a bus has stopped with flashing lights and activated stop signs, it is illegal for any vehicle to pass the bus. However, it can get confusing to understand when a driver is required to stop and when a driver is not required to stop depending on the type of roadway. We can summarize the laws about when a driver is required to stop with these points:

• If a school bus stops for passengers on a two-lane road, traffic in both directions must stop.
• If a school bus stops for passengers on a two-lane road with a center turning lane, traffic in both directions must stop.
• If a school bus stops for passengers on a four-lane road with no median, traffic in both directions must stop.
• If a school bus stops for passengers on a four-lane road where there is a turning lane, traffic in both directions must stop.
• If a school bus stops on a divided highway with four more lanes and a raised median or other physical barrier in the middle, only traffic going the direction of the bus is required to stop.​

Consequences of Illegally Passing a School Bus
Unlawfully passing a school bus is charged as a misdemeanor offense, and the consequences can significantly impact a person’s life. This can include up to 12 months in jail, a $1,000 fine, community service requirements, defensive driving school requirements, and other conditions.
In addition to these criminal penalties, the unlawful passing of a school bus will result in six points being added to a person’s driver’s license. For any person under the age of 21, accumulating four or more points on a license will result in a license suspension. Drivers over the age of 21 will have their license suspended if they accumulate 15 or more points during a two-year time frame.

Hit and Run

Hit and Run Laws in Georgia

When you get into an accident, you are legally required to do the following in the state of Georgia:

1. Stop at the scene of the accident without obstructing traffic more than necessary.
2. Provide your name, address and registration number.
3. Exhibit your license to the other driver.
4. Arrange the transport of the injured person to a hospital, physician or surgeon.
5. Make "every reasonable effort" to ensure EMS services are contacted when a person is injured, unconscious or appears to be dead.

The only exceptions (under Section 40-6-274) are situations that do not lead to personal injury, injury to a second party, property damage, or second-party property damage.
The driver is legally required to take these actions in the situation of an accident, and not doing any of these steps is a potential hit-and-run. 

Consequences of a Hit and Run Conviction

O.C.G.A. Section 40-6-270 is the Georgia main hit-and-run law. As with most states in the US, leaving the scene of an accident can come with some severe consequences. Here is some basic information about our state's law:

• Leaving the scene of an accident is a major traffic violation. This puts this crime on essentially the same level as driving under the influence, street racing and eluding an officer.
• If the victim dies or is seriously injured, it's a felony. This can lead to a year to five years of imprisonment. If someone doesn't die or is seriously injured, drivers can still face $1,000 fines or up to a year in prison.
• Hit-and-run drivers face license suspension. Section 40-6-270 is one of several offenses that may lead to the DDS suspending your license and driving privileges.
• It still affects young drivers. For individuals under 21 years of age, there are still mandatory suspensions for leaving the scene of an accident. That means that, in Georgia, hit-and-run license suspension can still apply to younger drivers.
• You can be labeled as a "habitual violator." If you do a hit and run in GA, it's essentially like having one strike. If, within the next five years, you get two more strikes (by driving drunk, accidental homicide by vehicle, racing on the highways or eluding an officer, for instance), you will be labeled as a "habitual violator" and may have your license suspended along with more severe consequences.