Aggressive Defense Against Serious Traffic Charges in Columbus, Georgia
You were arrested and charged with a criminal traffic violation. This is not a simple speeding ticket you can pay and move on from. You are facing reckless driving, hit and run, driving on a suspended license, vehicular homicide, or another serious traffic offense. The consequences are severe. You could go to jail. You could lose your driver’s license for months or years. You could face thousands of dollars in fines. A conviction results in a permanent criminal record that affects employment, professional licenses, and your future. If you hold a commercial driver’s license, your career is on the line.
Criminal traffic violations are treated as misdemeanors or felonies under Georgia law, not simple infractions. They carry penalties including jail time, probation, substantial fines, license suspension or revocation, and a criminal record. The prosecution must prove your guilt beyond a reasonable doubt, which means you have the right to fight the charges, challenge the evidence, and demand a trial. With the right legal representation, many criminal traffic cases result in reduced charges, dismissals, or outcomes that avoid jail time and minimize the impact on your driving record and your life.
At The Wright Legal Group, we defend people in Columbus and across Georgia who are facing criminal traffic charges. We understand that one mistake, one bad decision, or even being in the wrong place at the wrong time can result in serious charges. We provide aggressive, experienced defense at every stage of the criminal process. We challenge the evidence, negotiate with prosecutors, and fight for your rights in court. If you are facing criminal traffic charges, we are here to protect your freedom and your future.
Key Takeaways
- Criminal traffic violations in Georgia are prosecuted as misdemeanors or felonies and carry penalties including jail time, fines, probation, and license suspension or revocation.
- Reckless driving is a misdemeanor punishable by up to 12 months in jail, fines up to $1,000, and 4 points on your license under O.C.G.A. § 40-6-390.
- Hit and run is a misdemeanor if only property damage occurred, but becomes a felony punishable by 1 to 5 years in prison if the accident caused serious injury or death.
- Driving with a suspended license carries mandatory jail time for second and subsequent offenses and can result in vehicle impoundment and extended suspension periods.
- Commercial drivers face career-ending consequences for criminal traffic convictions and must comply with stricter federal regulations governing commercial driver’s licenses.
What Are Criminal Traffic Violations?
Criminal traffic violations are traffic offenses that are prosecuted as crimes rather than simple civil infractions. In Georgia, all moving violations are classified as misdemeanors at minimum, and certain serious violations are felonies.
Misdemeanor vs. Felony Traffic Violations
Misdemeanor Traffic Violations
Most criminal traffic violations in Georgia are misdemeanors punishable by up to 12 months in jail and fines up to $1,000. These include reckless driving, driving on a suspended license, hit and run involving property damage only, aggressive driving, and fleeing or attempting to elude police.
Felony Traffic Violations
Certain serious traffic offenses are classified as felonies and carry much more severe penalties including prison time of one year or more. These include vehicular homicide, serious injury by vehicle, hit and run causing serious injury or death, habitual violator status, and fourth or subsequent DUI offense.
What Is Reckless Driving in Georgia?
Reckless driving is one of the most common criminal traffic charges. It is defined under O.C.G.A. § 40-6-390 as driving with willful or wanton disregard for the safety of persons or property.
What Conduct Constitutes Reckless Driving?
Reckless driving is a subjective charge based on the officer’s observations and opinion. Common circumstances that lead to reckless driving charges include the following.
- Excessive speeding, especially combined with other dangerous driving behaviors
- Weaving in and out of traffic at high speeds
- Racing on public roads
- Running red lights or stop signs at high speeds
- Driving the wrong way on a one-way street or highway
- Passing multiple vehicles in a no-passing zone
- Causing an accident through aggressive or dangerous driving
- Road rage incidents involving dangerous maneuvers
- Evading police at high speeds
Penalties for Reckless Driving
Reckless driving is a misdemeanor punishable by the following.
- Jail Time: Up to 12 months in county jail
- Fines: Up to $1,000 plus court costs and fees
- License Points: 4 points added to your driving record
- Probation: Possible probation with conditions including community service, defensive driving courses, and supervision
- Insurance Increases: Significant increases in insurance premiums
- Criminal Record: Permanent criminal record
For drivers under 21, reckless driving can result in license suspension. For commercial drivers, a reckless driving conviction can jeopardize your CDL.
Defenses to Reckless Driving
Reckless driving charges can be defended. Common defenses include challenging the officer’s subjective observations, proving the driving was not willful or wanton but merely negligent, negotiating a reduction to improper driving or other lesser charge, and demonstrating that the circumstances did not create actual danger to persons or property.
We challenge reckless driving charges aggressively because of the serious consequences. In many cases, we can negotiate a reduction to a lesser offense that avoids jail time and minimizes points on your license.
What Is Hit and Run in Georgia?
Georgia law requires drivers involved in accidents to stop, remain at the scene, provide information, and render aid. Leaving the scene of an accident is a crime known as hit and run or leaving the scene of an accident.
Hit and Run Laws in Georgia
Under O.C.G.A. § 40-6-270, drivers must stop immediately at the scene of any accident that results in injury, death, or property damage. You must provide your name, address, vehicle registration number, and driver’s license to the other parties involved and to law enforcement. If someone is injured, you must render reasonable assistance including calling for medical help.
Misdemeanor Hit and Run
If the accident involves only property damage and no injuries, leaving the scene is a misdemeanor punishable by up to 12 months in jail, fines up to $1,000, license suspension, and points on your driving record.
Felony Hit and Run
If the accident caused serious injury or death, leaving the scene is a felony punishable by 1 to 5 years in prison, substantial fines, license revocation, and a permanent felony record. Serious injury is defined as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes loss or impairment of a body part or organ.
Defenses to Hit and Run Charges
Hit and run charges can be defended in several ways. Common defenses include proving you were not aware an accident occurred, demonstrating you stopped and provided the required information, showing the accident did not involve injury or property damage requiring you to stop, and proving mistaken identity or that you were not the driver.
The prosecution must prove you knowingly failed to stop. If you did not realize an accident occurred, you cannot be convicted of hit and run.
What Is Driving on a Suspended License?
Driving while your license is suspended or revoked is a serious offense under O.C.G.A. § 40-5-121. Georgia law imposes strict penalties that increase with each offense.
Penalties for Driving on a Suspended License
First Offense
A first conviction for driving on a suspended license is a misdemeanor punishable by a fine of $500 to $1,000, possible jail time up to 12 months (though jail is not mandatory for first offense), and additional license suspension on top of the existing suspension.
Second Offense
A second conviction carries mandatory minimum jail time of 48 hours up to 12 months, fines of $1,000 to $2,500, and additional license suspension.
Third or Subsequent Offense
A third or subsequent conviction carries mandatory minimum jail time of 120 days up to 12 months, fines of $2,500 to $5,000, possible vehicle impoundment or forfeiture, and extended license suspension or permanent revocation.
When Is Your License Suspended?
Your license can be suspended for many reasons including accumulating 15 points in 24 months, DUI conviction, failure to pay Super Speeder fees, failure to pay child support, conviction for drug offenses, and refusing a chemical test after a DUI arrest.
Defenses to Driving on a Suspended License
Common defenses include proving you did not know your license was suspended, showing the suspension notice was not properly mailed to your address of record, demonstrating the suspension was in error or has been lifted, and proving you were not driving or were not the person identified by the officer.
We also work to reinstate suspended licenses whenever possible so you can legally drive again.
What Is Vehicular Homicide?
Vehicular homicide is the most serious traffic-related offense in Georgia. It occurs when a driver causes the death of another person through reckless driving, DUI, fleeing police, or other unlawful conduct.
First Degree Vehicular Homicide
Under O.C.G.A. § 40-6-393, first degree vehicular homicide occurs when a driver causes a death while committing certain serious offenses including DUI, fleeing or attempting to elude police, or reckless driving. First degree vehicular homicide is a felony punishable by 3 to 15 years in prison.
Second Degree Vehicular Homicide
Second degree vehicular homicide occurs when a driver causes a death while committing any other traffic violation, such as running a red light, speeding, or following too closely. Second degree vehicular homicide is a misdemeanor punishable by up to 12 months in jail, though judges often impose probation for first-time offenders depending on the circumstances.
Defenses to Vehicular Homicide
Vehicular homicide cases are complex and require aggressive defense. We challenge causation, prove the death was not the proximate result of your driving, attack the underlying traffic violation, and present mitigation evidence to reduce charges or sentences.
What Is Serious Injury by Vehicle?
Similar to vehicular homicide, serious injury by vehicle occurs when a driver causes serious injury to another person through reckless driving, DUI, fleeing police, or other unlawful conduct.
Penalties for Serious Injury by Vehicle
Under O.C.G.A. § 40-6-394, serious injury by vehicle is a felony punishable by 1 to 15 years in prison depending on the severity of the injury and the underlying offense. Serious injury is defined as an injury that creates a substantial risk of death, serious permanent disfigurement, or loss or impairment of a body part or organ.
What Is Aggressive Driving?
Aggressive driving is defined under O.C.G.A. § 40-6-397 as operating a vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person while committing three or more violations simultaneously from a specific list including speeding, following too closely, unsafe lane changes, failure to yield, and improper passing.
Penalties for Aggressive Driving
Aggressive driving is a misdemeanor punishable by up to 12 months in jail, fines up to $5,000, 6 points on your license, mandatory driver improvement course, and possible license suspension.
What Is Fleeing or Attempting to Elude Police?
Under O.C.G.A. § 40-6-395, it is a crime to flee or attempt to elude a police officer who is pursuing you with lights and sirens activated. This is commonly charged when a driver does not immediately pull over for a traffic stop or attempts to evade arrest.
Penalties for Fleeing or Eluding
Fleeing or attempting to elude police is a misdemeanor punishable by up to 12 months in jail, fines up to $5,000, license suspension for at least 90 days up to 12 months, and 6 points on your license. If the fleeing results in death or serious injury, it is a felony punishable by 1 to 5 years in prison.
How We Defend Criminal Traffic Cases
Criminal traffic cases are serious and require experienced defense counsel.
Challenging the Evidence
We examine every piece of evidence including officer body cam and dash cam footage, witness statements, accident reconstruction reports, radar and speed detection records, and blood alcohol or drug test results. We look for inconsistencies, errors, and violations of your rights.
Challenging the Stop
If the officer did not have reasonable suspicion to stop you or probable cause to arrest you, all evidence obtained after the illegal stop can be suppressed. This often leads to dismissal of charges.
Negotiating Reduced Charges
In many cases, we can negotiate with prosecutors to reduce criminal traffic charges to lesser offenses that avoid jail time, minimize points, and result in less severe consequences.
Pursuing Dismissal
If the evidence is weak, if witnesses fail to appear, or if the prosecution cannot prove the elements of the offense beyond a reasonable doubt, we move for dismissal.
Taking Your Case to Trial
If the prosecution refuses to offer a fair resolution and the evidence supports your defense, we take your case to trial. We cross-examine prosecution witnesses, present your defense, and hold the state to its burden of proof.
What Should I Do If I Am Charged with a Criminal Traffic Violation?
The steps you take after being charged can significantly impact your case.
Do Not Talk to Police Without a Lawyer
You have the right to remain silent. Exercise it. Do not give statements about what happened without a lawyer present.
Post Bond and Get Released
If you are in custody, post bond as soon as possible. We can help arrange bond and get you released.
Preserve Evidence
If you have dashcam footage, witness information, or other evidence that supports your defense, preserve it immediately.
Do Not Plead Guilty Without Consulting a Lawyer
Many people plead guilty at their first court appearance thinking it will be easier. This is a mistake. Once you plead guilty, you have a conviction and you lose the opportunity to fight the charges or negotiate a better outcome.
Call a Criminal Defense Lawyer Immediately
The sooner you have legal representation, the better. We can begin investigating your case, gathering evidence, and building your defense right away. Call us at 844-766-4534 for a free consultation.
Frequently Asked Questions About Criminal Traffic Violations in Georgia
- Will I go to jail for reckless driving?
A. It depends on the circumstances, your prior record, and the outcome of your case. First-time offenders can often avoid jail through negotiation or plea agreements, but reckless driving carries a maximum of 12 months in jail. We work to avoid jail whenever possible.
- Can I get a reckless driving charge reduced?
A. Yes. In many cases, we can negotiate a reduction to improper driving, failure to maintain a lane, or another lesser offense that carries fewer points and less severe consequences.
- What if I did not know my license was suspended?
A. Lack of knowledge can be a defense to driving on a suspended license, but you must prove you did not receive notice of the suspension. Georgia law presumes you received notice if it was mailed to your address of record with the Department of Driver Services.
- Is hit and run always a felony?
A. No. Hit and run is a misdemeanor if the accident involved only property damage. It becomes a felony if the accident causes serious injury or death.
- What if I left the scene because I was scared?
A. Fear is not a legal defense to leaving the scene of an accident. However, we can present mitigation evidence and negotiate with prosecutors to reduce charges or minimize penalties.
- Can I lose my CDL for a criminal traffic conviction?
A. Yes. Commercial drivers face strict federal regulations. A conviction for reckless driving, DUI, fleeing police, or other serious violations can result in CDL disqualification for months, years, or permanently depending on the offense and your record.
- How much does it cost to hire a criminal traffic defense lawyer?
A. Fees vary depending on the complexity of the case and the charges. We offer free consultations to discuss your case and provide a clear, upfront fee structure with no hidden costs.
- Should I just plead guilty and get it over with?
A. No. Criminal traffic convictions have serious consequences including jail time, fines, license suspension, and a permanent criminal record. Many cases can be defended successfully or negotiated to better outcomes. Do not plead guilty without talking to a lawyer first.
- What if the accident was not my fault?
A. Fault in the underlying accident is different from the criminal charge. For example, you can still be charged with hit and run even if the other driver caused the accident. However, evidence that the accident was not your fault can be used in negotiation and mitigation.
- Can I get my license back after a conviction?
A. It depends on the charge and the suspension period. Some suspensions are mandatory and cannot be avoided. We work to minimize suspension periods and help you apply for limited driving permits when available.
Get Aggressive Defense for Criminal Traffic Charges
Criminal traffic charges are serious. A conviction can mean jail time, loss of your license, thousands of dollars in fines, and a permanent criminal record. Your job, your freedom, and your future are on the line. You do not have to face these charges alone. With experienced legal representation, you have a chance to fight the charges, protect your rights, and minimize the consequences.
At The Wright Legal Group, we defend people in Columbus and across Georgia who are facing criminal traffic violations. We understand that one mistake should not define your life. We provide aggressive, skilled defense at every stage of the criminal process. We challenge the evidence, negotiate with prosecutors, and fight for your rights in court.
From the moment you call us, you have a dedicated advocate on your side. We will review every detail of your case, identify weaknesses in the prosecution’s evidence, and develop a defense strategy tailored to your situation. Whether that means negotiating a favorable plea agreement, pursuing dismissal, or taking your case to trial, we are prepared to fight for you.
Time is critical. Evidence must be preserved. Witnesses must be interviewed. The sooner you call us, the stronger your defense will be.
If you have been charged with a criminal traffic violation in Columbus or anywhere in Georgia, call 844-766-4534 today for a free consultation. Let us protect your freedom and your future.
