Reckless Driving in GA: The 10 Most Common Questions

Georgia Reckless Driving: Your Top Questions Answered

By: William C. "Bubba" Head, Georgia reckless driving lawyer and criminal defense attorney in metro Atlanta

A reckless driving charge in Georgia is more serious than most drivers realize. Under Georgia law, reckless driving is a criminal misdemeanor – not a simple traffic ticket you can pay online. This page answers the ten questions Georgia drivers ask most after receiving a reckless driving citation, from penalties and license points to whether the charge can be reduced. It also covers what happens if someone misses a mandatory court date on a reckless driving or traffic case, including how a failure to appear warrant can compound the problem.

Help is available 24 hours a day. Call our DUI defense law firm at (404) 567-5515 at any hour for a FREE attorney consultation with a co-author of the leading law book on Georgia DUI laws.

What Is Reckless Driving?

Reckless driving, or RD, is committed under Georgia law by any person who drives a vehicle "in reckless disregard for the safety of persons or property." That definition comes straight from the Code section, and it turns on how a person drove, not on one fixed speed. Common examples include weaving through traffic, racing, or speeding aggressively around other cars. Other states punish similar driving differently, so do not assume Georgia rules apply if you were cited elsewhere. In Georgia, an officer writes reckless driving on a Uniform Traffic Citation, the same form used for minor tickets. That paperwork misleads a lot of drivers. Reckless driving is a criminal charge, and the citation names a court date you have to answer. Georgia law requires the Department of Driver Services to suspend the license of a driver who fails to respond to a traffic citation, so you cannot mail in a payment and close the file. The date on your citation is a real court date, and missing it creates a second problem on top of the driving charge. In this article, experienced reckless driving lawyer Bubba Head answers the questions Georgia drivers ask most after a reckless driving ticket. He covers the penalties, a first offense, misdemeanor versus felony treatment, and whether the charge can come off your record. One word of caution. If a crash has occurred, of any type, and a personal injury to another is alleged, you need to be very careful of self-representation. Seeking to resolve the case to a lesser charge is the minimum that needs to be accomplished, if not dismissed or diverted through taking a driving safety course.

1. Is Reckless Driving a Criminal Offense?

Yes. Reckless driving is a considered a criminal offense in Georgia. Even though it's written on a traffic ticket (Uniform Traffic Citation), it's classified as a crime, not just a civil infraction. Plus, the citation directs you to appear before the court it names, usually a Georgia municipal or state court, and a citation served that way gives that court jurisdiction to dispose of the matter. If you fail to appear (FTA), the judge may put a bench warrant out for your arrest. Look on your Uniform Traffic Citation (your ticket) to find out which court your case is assigned to. That criminal classification is why the court date matters so much. A missed payment on a parking ticket usually adds a late fee. A missed appearance on a criminal charge is treated as a separate failure, and the court records it on the case file. Failure to appear simply means the person did not show up for a scheduled court date. The consequences can reach your driving privileges and your arrest status, so we cover them in a dedicated section below.

2. Is Reckless Driving a Misdemeanor?

Yes. In Georgia, every reckless driving conviction is a misdemeanor; what aggravating facts change is that separate, more serious charges can be added, which we detail below. Reckless driving is punishable by imprisonment not to exceed 12 months, a fine not to exceed $1,000, or both, plus court surcharges, which vary widely by jurisdiction. Penalties in other states may differ, so out-of-state drivers should ask about their home state rules.

3. What Happens for a First Reckless Driving Offense in Georgia?

A first reckless driving offense in Georgia is classified as a misdemeanor. Jail time is technically possible, with a maximum of twelve months, but it is rare for first-time offenders. More commonly, a judge may issue a fine, place the person on probation, and order a defensive driving course. In some cases, all three penalties may be imposed. A conviction for reckless driving affects your driving record as well. If you are under 21, reckless driving is one of the offenses that suspends a license by operation of law, and the earliest the driver can apply to have it reinstated is six months, after finishing an approved defensive driving course and paying the reinstatement fee. If you are 21 or older, the conviction adds four points, and 15 or more points in any consecutive 24 month period requires a suspension, which runs one year the first time. For most drivers, a reckless driving conviction will also raise auto insurance rates, and in Georgia, how long it affects your policy depends on the insurer's risk guidelines and your driving record. How long reckless driving affects insurance varies, but increases can last for years.

4. Will a Reckless Driving Conviction Suspend My Georgia License?

Not by itself, if you are 21 or older. The conviction adds four points, and DDS must suspend an adult license once 15 or more points build up in any consecutive 24 month period. A first points suspension runs one year, though the driver may apply to the department for the license back once the statutory reinstatement requirements are met. Drivers under 21 are treated differently, because the conviction suspends the license by operation of law, reinstatement is not available for six months, and a nolo plea counts as a conviction for that suspension. Suspension is not the only risk either, since reckless driving can lead to felony charges when the driving causes serious injury or death.

5. How Many Points Is Reckless Driving?

In Georgia, a reckless driving conviction will add four license points to your driver's license, once reported to the DDS. Point systems vary by state, and for out-of-state drivers these penalties may carry over depending on your home state's laws. To find out how many points you currently have, either log into your My DDS portal or create a My DDS account.

6. What Speed Is Considered Reckless Driving?

In Georgia, no set speed automatically qualifies as reckless driving. It is the driver's behavior, not the speed alone, that decides whether the charge applies. Speeds that commonly draw a reckless driving charge include 25 mph or more over the limit, especially in residential, school, or construction zones; 85 mph on the interstate when the rest of the driving shows reckless disregard; and speeds over 100 mph, which officers rarely treat as anything else. A few states define reckless driving by speed alone, but Georgia does not.

7. Is Reckless Driving a Felony?

Reckless driving is itself always a misdemeanor in Georgia. However, when serious harm results, separate and more serious charges can be added. For example, if someone drives recklessly and causes an accident that results in bodily harm, they may be charged with serious injury by vehicle, a felony punishable by one to 15 years in prison. Bodily harm has a narrow meaning there: losing a body part, losing the use of one, serious disfigurement, or organic brain damage. If a fatal accident occurs, reckless driving that causes a death is homicide by vehicle in the first degree, punishable by three to 15 years, and a companion Code section makes the death of an unborn child feticide by vehicle in the first degree, carrying the same three to 15 years. Fleeing or attempting to elude a police officer is a separate offense, and fleeing and eluding is a felony when the driver commits reckless driving while fleeing, drives more than 20 miles an hour above the posted limit, strikes another vehicle or a pedestrian, is the proximate cause of an accident, flees in traffic conditions that put the general public at risk of serious injuries, or leaves the state; the Code section sets imprisonment of not less than 12 months nor more than ten years and a fine of not less than $5,000 nor more than $10,000, and that sentence cannot be suspended or probated and the charge cannot be reduced to a lesser offense. A fourth or later conviction for plain fleeing and eluding is also a felony. In each of these situations it is not the reckless driving charge itself that is the felony. The felony comes from the separate offense or from the harm caused.

8. How Long Does Reckless Driving Stay on My Record?

A reckless driving conviction stays on your criminal record permanently. Georgia law doesn't allow for 'record restriction,' so the reckless driving will remain visible to law enforcement and potential employers. Clearing a conviction is possible in a few other states, but it is not an option here.

9. What Is the Reckless Driving Ticket Cost?

Georgia has no set ticket cost for reckless driving. State law caps the fine at $1,000, but the judge sets the actual amount within that cap and local surcharges are added on top. The court printed on your citation is the only reliable source for the current figure.

10. Can a DUI Be Reduced to Reckless Driving?

In some cases, yes. First time DUI offenders usually have the best chance at getting their DUI reduced to reckless driving. If you have no criminal history at all, that furthers your reduction possibilities. Reductions to reckless driving GA are accomplished through a plea bargain, or getting a lesser sentence in exchange for pleading guilty. The prosecutor may be more willing to negotiate a plea if your blood alcohol content (BAC) is not much higher than the legal limit of 0.08 grams and if you cooperated with police officers. That's not to say that it's impossible for those with multiple DUIs in Georgia to get that charge reduced to reckless, it just doesn't happen as often. A reduction is not the only outcome worth chasing, so look at whether a reckless driving charge can be dropped outright before you agree to any plea. A few states bar prosecutors from reducing a DUI to reckless driving at all, so reductions that happen regularly here may be off the table elsewhere.

Failure to Appear Warrants on a Georgia Reckless Driving or Traffic Case

A failure to appear warrant adds a second legal problem on top of the underlying reckless driving or traffic charge. Understanding what triggers one – and what a must appear citation means – can help drivers act before the situation gets worse. Drivers ask the same questions after a failure to appear in court for a traffic ticket of another kind, though the steps that follow depend on what the citation charges.

Failure to appear in court means that a person who was ordered to be present on a specific date did not show up. Courts abbreviate failure to appear as FTA. On a criminal traffic charge like reckless driving, the court named on the citation requires the driver to appear on the date it sets. You cannot resolve the case by mailing in a payment. When a defendant misses that court date, the FTA becomes a separate concern on the case file – distinct from the underlying driving charge.

A failure to appear warrant is a bench warrant issued by the judge after a missed court date. Under Georgia law, a judge may issue a bench warrant for a person charged with a crime who has failed to appear after receiving actual notice or written notice of the time and place to appear. On many uniform traffic citations there is a step before that: the clerk of court must first mail the driver notice of the missed appearance, and that notice allows 30 days to dispose of the charges or waive arraignment and plead not guilty. That mailed notice is not promised on every motor vehicle charge. The same statute switches the step off for three classes of violation: any violation for which the commissioner of driver services may suspend a license on a first offense, any violation covered by the mandatory license suspension list in the code, and any violation covered by a separate article of the traffic code. Whether a particular reckless driving citation falls into one of those classes depends on the charge written on it, so no driver should count on a mailed notice or a 30 day window before a warrant can issue. Once a warrant is signed, every officer in that jurisdiction is bound to execute it, and a person arrested on it is committed to jail until bail is tendered. The warrant stays active until someone takes steps to resolve it.

A must appear citation is a Georgia Uniform Traffic Citation that requires the driver to appear in person at the court listed on the ticket. Not all traffic citations carry this requirement. Many minor violations are payable online or by mail without a court visit. The line is not civil versus criminal: Georgia makes nearly every violation of its rules of the road a misdemeanor, so a must appear citation means the court named on the ticket has decided the charge is serious enough to require the defendant's presence. Reckless driving is one such charge. So is DUI under Georgia law. When a citation is marked "must appear" and the driver skips the date, the failure to appear court entry becomes its own problem. A work conflict, illness, or confusion about which courthouse to visit does not automatically excuse the absence. The reason must be raised with the court through the proper process.

The bottom line: a failure to appear traffic ticket notation and the original reckless driving charge run on separate tracks. Both must be resolved.

Reckless Driving GA, and Not a DUI?

Do you need our assistance in trying to get a DUI reduced to reckless driving? Considering the huge difference in penalties in Georgia, reckless driving vs DUI is a "no-brainer" if we can obtain that for our clients' DUI in Georgia, for most people. Our law group's attorneys obtain that result in many cases that began as drunk driving arrests, though every case turns on its own facts and no result can be promised. The Georgia DDS does not keep up with statistics on Georgia cases that start as a DUI arrest but end up with a reckless disposition.

Facing a Reckless Driving Charge or a Missed Court Date? Talk to a Lawyer First

Since a reckless driving citation names a court date that has to be answered in person, you will want experienced reckless driving lawyers to represent you. In fact, we can often appear at your arraignment (first court appearance) for you. Whether you are facing reckless driving charges in Atlanta Municipal Court, Marietta Municipal Court, Gwinnett County courts, or a felony-level charge arising out of the same driving, we travel statewide to represent clients accused of driving recklessly in Georgia. If you have already missed a court date, call before you take another step. Do not drive on a license that may already be suspended over that citation. Do not walk into the courthouse alone while a bench warrant may be active. A lawyer can check the warrant and the calendar first. Speak with our veteran criminal defense attorneys at a FREE consultation: 404-567-5515. You can also reach us via our no-obligation contact form. At this consultation, Bubba Head, Cory Yager, or Larry Kohn will review your case. Every case is different, and results depend on the specific facts. Additional links about driving in a reckless manner: Grand Theft Auto (GTA) video game teaches reckless maneuvers. PSA (public service announcement) from VW, at a Singapore movie theater.

What Happens After You Miss a Court Date in Georgia

The judge may issue a bench warrant for your arrest. That warrant can stay active until someone addresses it. It can surface at the worst moment, such as a routine traffic stop or a background check. Your driving privileges may also be at risk. Georgia law requires the Department of Driver Services to suspend the license of a driver who has failed to respond to a citation to appear for a traffic violation other than parking, unless the court orders otherwise. The warning that this can happen is printed on the uniform traffic citation itself, and the department must also mail notice of the suspension to the address in its records. Drivers who have moved are the ones who learn of it only when an officer runs their license at a later stop. The original reckless driving charge does not go away either. It stays pending and unresolved the entire time. If a bail bond was posted, the judge is required to forfeit the bond and issue a bench warrant at the end of the court day on which the defendant failed to appear. A missed date can weaken your negotiating position as well. A prosecutor who might have discussed reducing a DUI to reckless driving may be less receptive when the docket shows a failure to appear. Handling varies from courtroom to courtroom. Atlanta Municipal Court, Marietta Municipal Court, and Gwinnett County courts each manage missed appearances differently. What one court resolves at the next calendar, another may require a formal filing to fix.

So what happens if you fail to appear in court on a mandatory-appearance charge? The consequences follow a sequence Georgia law largely sets out. First, the judge notes the absence on the case file. On the uniform traffic citations that the notice step covers, the clerk must then mail notice of the missed appearance to the address on the ticket, and the driver has 30 days from the date of that notice to dispose of the charges or waive arraignment and plead not guilty. On those citations the court may issue a bench warrant once that period runs out, while on the classes of violation the statute leaves out of that step a warrant can issue with no mailed notice at all, and once the warrant is active, any law enforcement contact – a routine traffic stop, a background check for employment, even a stop at a license checkpoint – can lead to an arrest. A person arrested on a bench warrant is committed to jail until bail is tendered.

The second track runs through the Georgia Department of Driver Services. Where that notice step applies, once the 30 day period runs out with the charges still undisposed, the clerk of court forwards the driver's license number to DDS within five days unless the court orders otherwise, and DDS must then suspend the license until the court reports a final adjudication or orders reinstatement. At that point, driving on a suspended license is itself a misdemeanor on a first conviction, carrying imprisonment of not less than two days nor more than 12 months, a fine of not less than $500 nor more than $1,000 if the judge adds one, and another six month suspension once the conviction is reported.

Collateral consequences reach beyond the courtroom and DDS. Arrest warrants have a way of surfacing in places most people do not expect. A pending bench warrant may appear on employment background checks, which can cost a job offer or a promotion. Insurance underwriters may flag an unresolved traffic case. Renewing a driver's license becomes impossible while a suspension is in place.

The severity also depends on the type of citation. A pay-by-mail ticket, like a standard speeding charge, can often be resolved without a court visit, although in Georgia it is still a misdemeanor and not a civil infraction, and a driver who ignores it entirely faces the same license suspension for failing to respond. A must appear citation, like reckless driving, is different. The court named on the ticket requires the defendant to be there. The failure to appear on that type of citation can trigger the sequence described above – a bench warrant, possible arrest, and DDS suspension – and whether a mailed notice and a 30 day window come first depends on whether the charge is one the statute leaves out of that step. Acting as soon as possible after a missed date matters, because the longer the gap between the missed appearance and the effort to fix it, the harder it becomes to resolve.

How to Fix a Failure to Appear Warrant in Georgia

Act quickly. Judges notice the gap between the missed date and the moment a defendant addresses it, and a short gap reads very differently from a long one. Waiting rarely helps.

A lawyer can file a motion asking the court to recall or lift the bench warrant and to reset the case on the calendar. That motion typically asks the judge to withdraw the active warrant, reinstate the defendant's bond (if one was posted), and place the case back on a future court date so the underlying charge can be resolved. The motion may also explain why the defendant missed the original date, though the judge is not required to accept the explanation.

Some Georgia courts handle that administratively through the clerk. Others require the defendant to appear in person before the judge will consider recalling the warrant. Knowing which court does what saves a wasted trip and an unnecessary risk. A lawyer familiar with the court's procedures can advise which approach applies.

Before addressing the warrant, the client should be prepared to provide proof of identity, a copy of the original citation, and documentation of retained counsel. If the court requires an in-person appearance, having a lawyer present can help. No attorney can guarantee that a failure to appear warrant will be recalled – the judge decides whether to grant the motion based on the circumstances.

Once the case is back on the calendar, the reckless driving charge proceeds normally. It may still be negotiable, depending on the facts and the prosecutor. If your license was suspended over the missed citation, that suspension runs for an indefinite period: it lasts until you respond and pay any fines and penalties imposed, or the court orders your license reinstated. DDS restores it once it has proof of that and the statutory restoration fee of $100 is paid, or $90 when the reinstatement is processed by mail, unless the court waives the fee. Both tracks need attention.

Attorney appearance is often what prevents an FTA in the first place. Our law office has defended Georgia DUI and reckless driving cases for decades, and we can appear at arraignment for clients in many metro Atlanta courts. Talk to a lawyer before you contact the court directly. Nothing on this page is legal advice about your case. We cannot promise a particular result, but we can explain your options.

Frequently Asked Questions

What Does Failure to Appear Mean on a Georgia Traffic Case?

It means you were scheduled to be in court on a set date and did not appear. Courts abbreviate it as FTA. On a criminal traffic charge such as reckless driving, the court named on the citation requires you to appear, so the absence becomes a separate issue on your case.

Will a Bench Warrant Be Issued if I Miss My Reckless Driving Court Date in Georgia?

A judge may issue a bench warrant for your arrest after a missed appearance. On many uniform traffic citations, the clerk must first mail you notice of the missed date, and you then have 30 days to dispose of the charges or waive arraignment and plead not guilty before a warrant may issue. That notice step does not reach every motor vehicle charge – the statute leaves out any violation that can cost a license on a first offense, any violation on the mandatory suspension list in the code, and any violation under a separate article of the traffic code – so whether a reckless driving citation gets it depends on the charge, and no driver should count on it. If a bail bond was posted, the judge forfeits the bond and issues the warrant at the end of that court day. Once issued, a warrant can stay active until it is addressed.

Can My License Be Suspended for Failing to Appear on a Traffic Citation?

Yes. Georgia law requires the Department of Driver Services to suspend the license of a driver who fails to respond to a traffic citation, unless the court orders otherwise. That suspension lasts until the driver responds and pays any fines and penalties, or the court orders reinstatement, and many drivers do not learn of it until a later traffic stop.

Can a Lawyer Get a Failure to Appear Warrant Lifted in Georgia?

A lawyer can file a motion asking the court to recall the warrant and reset the case. The judge decides whether to grant it, so no one can guarantee that a warrant will be lifted.

Does Missing a Court Date Hurt My Chances of Reducing a DUI to Reckless Driving?

It can. A prosecutor may be less willing to negotiate when the file shows a missed appearance. A reduction may still be possible, depending on the facts and the court.

What Does a "Must Appear" Citation Mean in Georgia?

A Georgia Uniform Traffic Citation marked "must appear" or "mandatory court appearance" means the driver cannot simply pay the fine online or by mail. The driver must appear in person at the court listed on the citation. Georgia law makes nearly every violation of its rules of the road a misdemeanor rather than a civil infraction, so what sets reckless driving apart is that the court named on the ticket requires the defendant to be present. Missing the mandatory court date can lead to a failure to appear warrant and, if the citation goes unanswered, a license suspension DDS is required to impose. If you receive a must appear citation, take the court date seriously and consult a lawyer.

What Happens if You Fail to Appear in Court on a Georgia Traffic Ticket?

On the traffic citations it covers, the statute has the clerk mail you notice first, and the judge may issue a bench warrant once the 30 day window to dispose of the charges has run out. That notice step does not apply to every motor vehicle offense – violations that can cost a license on a first offense, violations on the mandatory suspension list in the code, and violations under a separate article of the traffic code are left out – so on some charges a warrant can issue without it. The Georgia Department of Driver Services is also required to suspend your driving privileges if you do not respond to the citation. The underlying charge – whether reckless driving, DUI, or another offense – remains unresolved the entire time. The missed appearance also becomes a separate concern that the prosecutor and judge see on the case file. If you have missed a court date on a Georgia traffic case, contact a lawyer as soon as possible to request that the warrant be recalled and the case reset on the calendar.