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Georgia Serious Driving Offense Attorneys

Georgia Serious Driving Offense Lawyers

We Don't Back Down.

Reckless driving, fleeing, habitual violator, driving on a suspended license, and vehicular homicide aren't ordinary traffic tickets — they are criminal charges that can cost you your license, your record, and your freedom. You are presumed innocent, and the State must prove every element. From the first call, Morrison & Hughes fights to protect all three across Georgia.

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100% confidential consultation
License-protection strategy from day one
Misdemeanor & felony driving charges
0
Points = Suspension
15 points in 24 months suspends your license (O.C.G.A. § 40-5-57)
$0
Super Speeder State Fee
On top of court fines (GA DDS, O.C.G.A. § 40-6-189)
0mph
Super Speeder Threshold
Or 75+ mph on a two-lane road (O.C.G.A. § 40-6-189)
0
Convictions = Habitual Violator
3 major offenses in 5 years revokes your license (O.C.G.A. § 40-5-58)
Beyond a Standard Ticket

A Traffic Charge That Lands You in Criminal Court.

Most speeding tickets are a fine and a few points. Serious driving offenses are different. Reckless driving, aggressive driving, fleeing the police, driving while your license is suspended or revoked, habitual-violator status, vehicular homicide, and serious injury by vehicle are criminal charges — prosecuted in State, Superior, or Recorder's Court, carrying jail or prison time and a permanent record.

And running underneath all of it is your driver's license. Georgia's Department of Driver Services can suspend or revoke your license based on point totals, the offense itself, or a conviction — sometimes independently of what happens in the courtroom. Defending the charge and defending the license are two different fights, and Morrison & Hughes wages both.

We scrutinize the stop, the radar or LIDAR reading, the officer's basis for "reckless," the chain of prior convictions, and every DDS deadline. We hold the State to its burden of proof and prepare each case as if it will be tried — because that is how charges get reduced, suppressed, and dismissed. Every conversation is confidential and protected.

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Police lights behind a vehicle at night during a traffic stop in Georgia
Driving Offenses We Defend

Serious Georgia Driving Charges We Handle

These are not infractions you can simply pay off — each one is a misdemeanor, high and aggravated misdemeanor, or felony with real consequences for your license and your liberty. Here is how Georgia law treats the charges we defend most.

Reckless Driving

O.C.G.A. § 40-6-390

Driving in "reckless disregard for the safety of persons or property." A misdemeanor — but a conviction adds 4 points and can be charged from speed alone or aggressive maneuvers.

Misdemeanor · up to 12 mo / $1,000

Aggressive Driving

O.C.G.A. § 40-6-397

Operating a vehicle with intent to annoy, harass, intimidate, or obstruct another driver. Charged as a high and aggravated misdemeanor and worth 6 points — the most under the system.

High & Aggravated Misdemeanor

Fleeing / Attempting to Elude

O.C.G.A. § 40-6-395

Refusing to stop for a signaling officer. A high and aggravated misdemeanor with a 10-day mandatory minimum — and a felony when aggravators (high speed, a crash, public danger) apply.

Misd. to Felony · up to 10 yrs

Driving While Suspended / Revoked

O.C.G.A. § 40-5-121

Driving while your privilege is suspended, disqualified, or revoked. A misdemeanor with a 2-day minimum — escalating to a felony on a fourth conviction within five years.

Misd. to Felony · license impact

Habitual Violator

O.C.G.A. § 40-5-58

Three "major" offenses in five years triggers a 5-year revocation and HV status. Driving while declared an HV is itself a felony — even for an otherwise minor trip.

Revocation · Felony to drive as HV

Vehicular Homicide

O.C.G.A. § 40-6-393

Causing a death through a serious traffic violation. First-degree vehicular homicide is a felony punishable by 3 to 15 years — and 5 to 20 years if committed as a habitual violator.

Felony · 3–20 years

Serious Injury by Vehicle

O.C.G.A. § 40-6-394

Causing disfigurement, loss of a limb's use, or organic brain damage through reckless driving or DUI. A felony punishable by 1 to 15 years in prison.

Felony · 1–15 years

Super Speeder

O.C.G.A. § 40-6-189

Convicted of 85+ mph (or 75+ on a two-lane road)? DDS adds a $200 state fee on top of your court fine — and a $50 reinstatement fee plus suspension if it goes unpaid.

$200 state fee + court penalty

DUI

O.C.G.A. § 40-6-391

The most common serious driving charge — and one that feeds vehicular homicide, HV status, and license suspension. We attack the stop, the testing, and implied consent.

See our DUI defense →
The Numbers Behind the Charges

Georgia Driving-Offense Statistics

Speed and serious traffic violations drive a large share of Georgia's roadway deaths and license suspensions. The data below — from the Georgia Governor's Office of Highway Safety (GOHS), the Georgia Department of Driver Services (DDS), and the Official Code of Georgia Annotated — shows what's at stake and why these charges demand a real defense.

Points That Cost You Your License

Points added per Georgia conviction
Source: Georgia DDS Points Schedule & O.C.G.A. § 40-5-57 — 15 points in any 24-month period suspends a license; aggressive driving and reckless driving carry the heaviest point values.

Maximum Prison Exposure by Charge

Top of the sentencing range (years)
Source: O.C.G.A. §§ 40-6-390, 40-6-395, 40-5-121, 40-6-394, 40-6-393 — maximum confinement ranges from 12 months (reckless) to 20 years (vehicular homicide as a habitual violator).

Speeding-Related Deaths in Georgia

Traffic fatalities involving speed, recent years
Source: NHTSA Fatality Analysis Reporting System / Georgia GOHS — speeding is a contributing factor in roughly one in four Georgia traffic deaths each year.

The Super Speeder Cost Stack

What an 85+ mph conviction can actually cost
Source: O.C.G.A. § 40-6-189 & GA DDS — the $200 Super Speeder fee is in addition to local court fines, plus a $50 reinstatement fee and license suspension if the fee is not paid within 120 days.
Two Cases, One Stop

The Courtroom vs. Your Driver's License

A serious driving charge triggers two separate proceedings. The criminal case decides guilt and punishment. The administrative case — run by the Georgia Department of Driver Services — decides whether you keep driving. Win one and lose the other, and you still can't get to work. We fight both.

The Criminal Case

Your Record & Your Freedom

  • Filed in State, Superior, Recorder's, or Municipal Court depending on the charge and county.
  • The State must prove every element beyond a reasonable doubt — you are presumed innocent.
  • Outcomes range from dismissal and reduction to probation, jail, or prison.
  • A conviction is permanent and shows on background checks unless restricted under O.C.G.A. § 35-3-37.

We aim for dismissal, reduction, or acquittal.

The License Case

Your Ability to Drive

  • Georgia DDS can suspend or revoke your license on points, the offense, or a conviction (O.C.G.A. §§ 40-5-57, 40-5-58).
  • Deadlines are short and unforgiving — missing one can cost you the right to a hearing.
  • Limited-permit, early-reinstatement, and points-reduction options may keep you on the road.
  • Driving on a suspended license (§ 40-5-121) creates a brand-new criminal charge.

We protect the license while we fight the case.

How We Fight

Our Defense Strategy for Driving Charges

Serious driving cases are built on the officer's observations, the equipment, and a paper trail of prior convictions. Every one of those is challengeable — and that is exactly where cases are won.

Attack the Stop

Was there reasonable suspicion to pull you over? A pretextual or unlawful stop can suppress everything that followed — and a suppressed case is often a dismissed case under the Fourth Amendment.

Challenge Speed Evidence

Radar and LIDAR must be calibrated, tested, and operated correctly. Georgia even requires speed-detection permits for many agencies. We demand the maintenance and certification records and contest the reading.

Define "Reckless"

"Reckless disregard" is a legal standard, not the officer's opinion. We hold the State to proving real recklessness — not merely speed or a single bad maneuver — and push to reduce reckless driving to a lesser offense.

Audit the Prior-Conviction Chain

Habitual-violator and repeat-offense charges depend on the validity and timing of prior convictions. We examine each one — uncounseled pleas and miscounted dates can collapse the State's enhancement.

Protect & Reinstate the License

We track every DDS deadline, request hearings, and pursue limited permits, early reinstatement, and points reduction so a charge doesn't quietly cost you the right to drive.

Negotiate From Strength — or Try It

Prosecutors deal better with defendants who are ready for trial. We prepare every case for a jury and pursue diversion or First Offender treatment where it protects your future. If the State won't be reasonable, we try the case.

Confidential Case Review

Request a Confidential Case Review

Tell us what you're facing. Your message goes straight to our defense team and is protected and confidential. A Morrison & Hughes attorney will reach out promptly — no judgment, no obligation. If you have a court date or a DDS deadline approaching, call 404-LAW-TEAM now.

Encrypted & confidential. Submitting this form does not create an attorney-client relationship.
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Your message has been received.

Thank you for trusting Morrison & Hughes. Your information is confidential. A criminal defense attorney will review what you've shared and contact you promptly to discuss your options and any deadlines.

Need to talk now? Call 404-LAW-TEAM. If you've received a DDS suspension notice, don't wait — the window to request a hearing is short. Until you speak with us, exercise your right to remain silent.
Know the Statutes

Georgia Driving-Offense Law: What You Need to Know

The statutes below set the charges, the penalties, and the license consequences for serious driving offenses in Georgia. Understanding them — and the deadlines that come with them — can change the entire course of a case.

O.C.G.A. § 40-6-390

Reckless Driving

Driving "in reckless disregard for the safety of persons or property" is a misdemeanor punishable by a fine up to $1,000 and/or up to 12 months in jail, and adds 4 points to your license. Speed alone can support the charge, but the State must prove genuine recklessness.

O.C.G.A. § 40-6-397

Aggressive Driving

Operating a vehicle with the intent to annoy, harass, intimidate, injure, or obstruct another person is a high and aggravated misdemeanor. It carries the maximum 6-point assessment under Georgia's system and a fine up to $5,000.

O.C.G.A. § 40-6-395

Fleeing or Attempting to Elude

Refusing to stop for a signaling officer is a high and aggravated misdemeanor — minimum 10 days in jail and a $500–$5,000 non-probatable fine. With aggravators (20+ mph over the limit, a collision, or endangering the public) it becomes a felony punishable by 1 to 10 years.

O.C.G.A. § 40-5-121

Driving While Suspended / Revoked

A first offense is a misdemeanor punishable by 2 days to 12 months and a $500–$1,000 fine, and extends your suspension. A fourth conviction within five years becomes a felony punishable by 1 to 5 years in prison.

O.C.G.A. § 40-5-58

Habitual Violator

Three major offenses (DUI, reckless driving, fleeing, certain others) within five years triggers a 5-year revocation and habitual-violator status. Driving while declared an HV — even safely — is a felony (1 to 5 years).

O.C.G.A. §§ 40-6-393 & 40-6-394

Vehicular Homicide & Serious Injury

First-degree vehicular homicide is a felony punishable by 3 to 15 years (5 to 20 years if committed as a habitual violator). Serious injury by vehicle is a felony punishable by 1 to 15 years for each victim.

O.C.G.A. § 40-6-189

Super Speeder Fee

A conviction for driving 85 mph or faster (or 75+ on a two-lane road) adds a separate $200 state fee collected by DDS, on top of the court fine. Not paying within 120 days brings a $50 reinstatement fee and license suspension.

O.C.G.A. §§ 40-5-57 & 17-3-1

Points, Suspension & Time Limits

15 points in any 24 months suspends your license (offenses carry 2–6 points each). On the criminal side, the statute of limitations is generally 2 years for misdemeanors and 4 years for most felonies under O.C.G.A. § 17-3-1.

After the Stop or Citation

What to Do After a Serious Driving Charge

What you do in the days after a serious traffic charge can decide both your criminal case and whether you keep your license. Protect yourself on both fronts.

1. Don't Just Pay It

Paying a serious-driving citation is a guilty plea — it can add points, trigger a suspension, and build toward habitual-violator status. Treat it as a criminal charge, because it is one.

2. Note Every Date

Write down your court date and any DDS suspension-notice date the moment you have them. License-hearing windows can be as short as 10 days, and missing one forfeits your right to contest it.

3. Stay Silent About Speed

You have the right not to incriminate yourself. Don't admit to speed, racing, or fleeing — to the officer, on the phone, or on social media. Those statements become the State's evidence.

4. Preserve the Evidence

Save your citation, any dashcam or phone footage, and the names of witnesses. Note road, weather, and traffic conditions — they matter to a "reckless" or "aggressive" analysis.

5. Don't Drive on a Suspension

If your license is suspended, do not drive until it's resolved or a limited permit is in place. A § 40-5-121 charge stacks a new crime on top of your existing case.

6. Call Morrison & Hughes

The earlier we're involved, the more evidence we preserve and the more deadlines we protect. Call 404-LAW-TEAM — confidential, no judgment.

Common Questions

Georgia Serious Driving Offense FAQs

Is reckless driving a crime in Georgia, or just a ticket?
It is a crime. Reckless driving under O.C.G.A. § 40-6-390 is a misdemeanor punishable by up to 12 months in jail and a fine up to $1,000, and it adds 4 points to your license. Unlike a routine speeding ticket, you cannot simply pay it off without entering a guilty plea to a criminal offense — which is why it should be defended.
What is Georgia's Super Speeder law and the $200 fee?
Under O.C.G.A. § 40-6-189, anyone convicted of driving 85 mph or faster on any road, or 75 mph or faster on a two-lane road, is classified a "Super Speeder" and owes a $200 state fee to the Department of Driver Services — separate from and in addition to the fine the court imposes. If the fee isn't paid within 120 days, DDS suspends your license and charges a $50 reinstatement fee on top.
How does someone become a "habitual violator" in Georgia?
Under O.C.G.A. § 40-5-58, a person is declared a habitual violator after three "major" traffic convictions within five years — offenses like DUI, reckless driving, fleeing, or serious injury by vehicle. HV status brings a five-year license revocation, and driving while you are a declared habitual violator is a felony, even if the underlying trip would otherwise be minor. We examine whether the prior convictions were valid and properly counted.
How many points will suspend my Georgia license?
Under O.C.G.A. § 40-5-57, accumulating 15 points in any 24-month period suspends a license for drivers over 21. Individual offenses carry 2 to 6 points — aggressive driving is the maximum 6, and reckless driving is 4. You may complete a certified Driver Improvement course to reduce up to 7 points once every five years. Drivers under 21 face suspension at far lower thresholds.
When can a driving offense become a felony?
Several can. Fleeing or attempting to elude (§ 40-6-395) is a felony when aggravators apply. Driving while suspended (§ 40-5-121) becomes a felony on a fourth conviction in five years. Driving as a habitual violator (§ 40-5-58) is a felony. And vehicular homicide (§ 40-6-393) and serious injury by vehicle (§ 40-6-394) are felonies carrying years in prison. Felony driving charges call for an aggressive, trial-ready defense.
Will a serious driving charge automatically cost me my license?
Not automatically — but the risk is real, and it runs on a separate track from your court case through the Georgia Department of Driver Services. A conviction, point total, or the offense itself can trigger suspension or revocation, and the deadline to request a license hearing can be very short. We fight to keep the conviction off your record and pursue limited permits, early reinstatement, and points reduction to keep you driving.
Is my conversation with Morrison & Hughes confidential?
Yes. Communications with our attorneys for the purpose of seeking legal advice are protected by the attorney-client privilege and kept strictly confidential. Your initial consultation is private and carries no obligation. You are presumed innocent, and there is no judgment here — only a defense team committed to protecting your license, your record, and your freedom.
From the Morrison & Hughes Blog

Serious Driving Offense Resources

Straight, Georgia-specific guidance on traffic crimes, your license, and your rights — written by the attorneys who defend these cases. Read these before you plead to anything.

Your Rights

What to Do and Say During a Georgia Traffic Stop

How to handle a Georgia traffic stop, protect your rights, and avoid the statements that turn a ticket into a serious charge.

Read article →
Police Pursuits

Georgia State Patrol's Heavy Use of PIT Maneuvers

Why Georgia's aggressive use of PIT maneuvers during pursuits raises real safety and liability questions for drivers on the road.

Read article →
Search & Seizure

Weed, CBD & Your Rights in Georgia

Odor, consent, and the truth about weed and CBD stops — what police can and can't do, and how an illegal search gets evidence thrown out.

Read article →
After Arrest

What Happens After You're Arrested in Georgia

Your rights in the first hours after an arrest, what to expect at booking and first appearance, and why what you say early matters.

Read article →
Defense 101

How to Choose a Criminal Defense Lawyer — and Win Your Case

What separates a strong defense from a weak one, and how to choose the attorney who can protect your license and your record.

Read article →
More Articles

Visit the Morrison & Hughes Blog

Plain-spoken, Georgia-specific guidance on criminal defense, traffic crimes, your license, and protecting your future.

Visit the blog →

Related Practice Areas

Practice Area

DUI Defense

The most common serious driving charge — and one that feeds vehicular homicide and habitual-violator status. We challenge the stop, the testing, and implied consent to protect your license and record.

Learn more →
Practice Area

Criminal Defense

Aggressive, confidential defense for misdemeanors and felonies across Georgia. From the first phone call, we protect your rights, your record, and your freedom.

Learn more →
Practice Area

Personal Injury

Injured by a reckless or speeding driver? Our personal-injury team fights for full compensation across Georgia — no fee unless we win your injury case.

Learn more →

Service Areas: Find Your Local Driving-Offense Attorney

Six office locations across Georgia. We defend serious driving charges statewide.

Marietta Alpharetta & Roswell Decatur Hiram Fayetteville LaGrange All Service Areas

Charged With a Serious Driving Offense in Georgia?

Free, confidential consultation. We'll explain exactly what you're facing, protect your license and your record, and start building your defense today. If you have a court date or a DDS deadline approaching, the sooner you call, the more we can do.

404-LAW-TEAM

(404-529-8326)

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