In Georgia, serious traffic offenses involve offenses behind the wheel that result in significant danger to public safety, seriously injuring or killing someone, or driving recklessly. These offenses typically have severe consequences and high penalties. If you are charged with a serious traffic offense, you need an experienced attorney to advocate on your behalf.
Keep reading to learn more about serious traffic offenses in Georgia.
Driving Under the Influence
In Georgia, D.U.I. refers to driving under the influence of alcohol, drugs, or any impairing substance.
The penalties can be severe if a driver is convicted of a D.U.I. offense in Georgia. For a first offense, the penalties can include fines, a license suspension of up to one year, and up to one year in jail. Subsequent offenses lead to harsher penalties, including longer license suspensions, larger fines, mandatory jail time, and possible installation of an ignition interlock device (a breathalyzer that prevents a car from starting if the driver is impaired).
In addition to the legal penalties, a D.U.I. conviction can significantly impact a person’s personal and professional life. It can lead to higher insurance rates, difficulty finding employment, and a tarnished reputation in the community.
Reckless Driving
O.C.G.A. § 40-6-390 is Georgia’s reckless driving statute. It defines reckless driving as driving in “reckless disregard for the safety or persons or property.”
Under the statute, reckless driving is 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, plus court costs and probation fees (if applicable).
Reckless driving may serve as a predicate offense for First Degree homicide by vehicle, a felony offense. State v. Biddle, 303 Ga.App. 384 (2010).
Hit and Run (Leaving the Scene of an Accident)
According to O.C.G.A. § 40-6-270, Georgia’s hit and run law, when a driver is involved in an accident resulting in either injury or death or damage to an occupied vehicle, the driver must stop the vehicle at the scene and:
- Give his or her name, address, and the registration number of the vehicle.
- If possible, show his or her driver’s license to the other driver(s) involved in the accident.
- Render assistance to injured driver(s) if necessary and if the driver requests it. This may include transporting the individual to the hospital or calling an ambulance.
- If the other driver is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to contact emergency medical services and local law enforcement.
The law states that every stop should be made without obstructing the flow of traffic more than necessary.
A hit and run may be classified as a misdemeanor or as a felony, depending on the circumstances of the case. These circumstances are outlined below:
| Offense | Classification | Sentence |
|---|---|---|
| 1st Offense – Hit-and-Run causing minor injury or damage | Misdemeanor | Fine of at least $300 but not more than $1,000 and/or Imprisonment for up to 12 months |
| 2nd Offense in 5 Years – Hit-and Run causing minor injury or damage | Misdemeanor | Fine of at least $600 but not more than $1,000 and/or Imprisonment for up to 12 months |
| 3rd Offense in 5 Years – Hit-and Run causing minor injury or damage | Misdemeanor | Fine of $1,000 and/or Imprisonment for up to 12 months |
| Hit-and-Run where accident caused death or serious injury | Felony | Imprisonment for at least 1 year but not more than 5 years |
Aggressive Driving
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.
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.
Driving Without a License
O.C.G.A. § 40-5-20 states, in general, that a person must have a valid (and current) driver’s license in order to drive a vehicle upon any highway in the state. The driver must have the appropriate licensure for the class or type of vehicle being driven. The law further states that any person residing in Georgia for 30 days must obtain a Georgia driver’s license.
A conviction under this statute may be avoided if the driver’s license was expired less than 31 days and the driver produces in court a driver’s license which would have been valid on the date of the offense.
The penalties for driving without a license are included below:
| Offense | Classification | Penalty for Conviction |
|---|---|---|
| Driving on a Suspended License OR Driving Without a License – 1st Conviction in 5 Years | Misdemeanor | At least 2 days but not more than 12 months in jail; Fine of at least $500 but not more than $1,000; and Fingerprinting Required |
| Driving on a Suspended License OR Driving Without a License – 2nd or 3rd Conviction in 5 Years | High and Aggravated Misdemeanor | At least 10 days but not more than 12 months in jail; and Fine of at least $1,000 but not more than $2,500 |
| Driving on a Suspended License OR Driving Without a License – 4th or subsequent conviction in 5 Years | Felony | At least 1 year but not more than 5 years in jail; and Fine of at least $2,500 but not more than $5,000. |
Fleeing or Attempting to Elude Law Enforcement
O.C.G.A. § 40-6-395 makes it unlawful to “willfully fail or refuse to bring his/her vehicle to a stop or otherwise flee or attempt to flee a pursuing police officer” after being visually or audibly signaled to stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer must be in uniform prominently displaying a badge, and the police vehicle must be marked as a police vehicle. This statute also criminalizes the impersonation of a sheriff, deputy, state trooper, GBI Agent, FBI Agent, police officer, or any other authorized law enforcement officer. Under the statute, it is illegal to use a motor vehicle designed or marked to resemble a vehicle belonging to any of these law enforcement agencies.
This traffic offense can be treated as a high and aggravated misdemeanor or a felony. Click here to learn more about the penalties associated with fleeing or attempting to elude law enforcement.
Child Endangerment
In Georgia, a person who violates the D.U.I. statute while transporting a child under the age of 14 years old in a motor vehicle is also guilty of endangering a child. The law states that a child endangerment charge may not be “merged” with the underlying D.U.I. offense. This means that the penalties for child endangerment will be on top of the penalties the driver would receive for the underlying D.U.I.
The penalties for this offense are as follows:
| Offense | Classification | Penalty |
|---|---|---|
| Child Endangerment – 1st or 2nd Offense | Misdemeanor | Imprisonment for not more than 12 months and/or Fine of not more than $1,000. |
| Child Endangerment – 3rd or Subsequent Offense | Felony | Imprisonment for at least 1 year but not more than 3 years, and/or Fine of at least $1,000 but not more than $5,000. |
Vehicular Homicide
O.C.G.A. § 40-6-393 is the homicide by vehicle statute. Under this statute, a person commits a homicide by vehicle when they, without malice aforethought, cause the death of another person while:
- Improperly passing a school bus under O.C.G.A. § 40-6-163;
- Driving recklessly under O.C.G.A. § 40-6-390;
- DUI under O.C.G.A. § 40-6-391;
- Fleeing or attempting to elude a law enforcement officer under O.C.G.A. § 40-6-395;
- Causing an accident which results in the death of another person and leaves the scene of the accident in violation of O.C.G.A. § 40-6-270; or
- Causing the death of another person by violating any provision of law other than those listed above.
Vehicular homicide may be charged as a felony or as a misdemeanor, depending on the circumstances of the case and the underlying offense(s). This affects the possible outcomes for a conviction. Click here to learn more about the possible outcomes.
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I never suggest going to court without an attorney, especially if you are facing a serious traffic offense. In addition to the potential criminal penalties, which may include jail time, and the accrual of points on your license, you may have to deal with incredibly high insurance rates. If you are charged with a serious traffic offense, don’t take chances with your freedom. Give me a call today.
