Reckless Driving GA and Failure to Appear: Common Client Questions

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

What Is Reckless Driving?

Reckless driving, or RD, is defined under Georgia law as "operating a vehicle with reckless disregard for the safety of persons or property." That definition comes from OCGA 40-6-390, 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 it carries a mandatory court appearance. 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, reckless driving requires a mandatory appearance in either a Georgia Municipal or State Court. 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 civil 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, reckless driving is usually classified as a misdemeanor, except when aggravating factors occur, which we detail below. Reckless driving is a misdemeanor, punishable by a maximum of 12 months in jail, a fine of $1,000 (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, a single reckless driving conviction results in a six-month license suspension, because reckless driving is one of the offenses that suspends an under-21 license by operation of law. If you are 21 or older, the same four points apply, and accumulating fifteen points within a two-year period will lead to a one-year suspension. 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 suspends an adult license once fifteen points build up in any 24 month period. A first points suspension runs one year, and early reinstatement is possible after the driver meets the DDS requirements. Drivers under 21 are treated differently, because a single reckless driving conviction suspends the license for six months and a nolo plea does not keep the points off. 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 usually a misdemeanor in Georgia. However, when serious harm results, the charge can escalate. For example, if someone drives recklessly and causes serious bodily injury, they may be charged with Serious Injury by Vehicle, which is a felony. If a fatal accident occurs, the driver could face charges like Vehicular Homicide or Vehicular Feticide, depending on the circumstances. Fleeing or attempting to elude a police officer is a separate offense, and OCGA 40-6-395(c) makes it a felony when the driver commits reckless driving while fleeing, drives more than 20 mph over the limit, strikes another vehicle or a pedestrian, causes a wreck, or leaves the state. 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 percent 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.

What Does Failure to Appear Mean in Georgia?

Failure to appear means that a person who was ordered to be in court on a specific date did not show up. In Georgia, that absence becomes its own problem, separate from the underlying reckless driving or DUI charge. It is not a scheduling detail the clerk quietly fixes later.

Clients often ask us what does failure to appear mean when they see the letters FTA stamped on court paperwork. FTA is simply the shorthand courts and clerks use for the same thing. It shows up on case notes, warrant paperwork, and notices sent to the Georgia Department of Driver Services.

Several situations trigger an FTA. The most common is missing arraignment, the first court appearance on the case. Missing a trial calendar call also counts. So does arriving after the calendar has been called, because by then the judge has noted who was absent.

An FTA goes on the case no matter why the person was absent. A work conflict, a hospital stay, or a court name the driver did not recognize will not remove the entry on its own. The reason has to be raised with the court through the proper request. Judges cannot act on an explanation they never hear.

The difference between charge types matters here. A payable citation can often be resolved without a court date. A criminal traffic charge like reckless driving under OCGA 40-6-390, or a DUI under OCGA 40-6-391, requires the defendant to appear. When appearance is mandatory, skipping it carries real consequences.

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 reckless driving requires a mandatory court appearance, 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 felony-level charges in State Court, 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. The Georgia Department of Driver Services can suspend driving privileges when a driver does not respond to or appear on a traffic citation. Many people learn about that suspension only when an officer runs their license at a later stop. Until then, they may be driving on a suspended license without knowing it.

The original reckless driving charge does not go away either. It stays pending and unresolved the entire time. If bond was posted, the court can also forfeit that bond, depending on the court and the circumstances.

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.

How to Fix a Failure to Appear

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. Some Georgia courts handle that administratively through the clerk. Others require the defendant to appear in person. Knowing which court does what saves a wasted trip and an unnecessary risk.

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 is a separate track. Reinstatement runs through DDS and moves on its own timeline alongside the criminal case. Both need attention.

Attorney appearance is often what prevents an FTA in the first place. Our firm 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. 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, appearance is mandatory, 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. Whether one issues, and how fast, depends on the court. Once issued, it can stay active until it is addressed.

Can my license be suspended for failing to appear on a traffic citation?

Yes, it can. The Georgia Department of Driver Services can suspend driving privileges when a driver fails to respond to a citation. Many drivers do not learn about the suspension 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.