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Can a Person Plead Guilty to Reckless Driving if They Were Stopped at Roadblock?

Posted by Richard Lawson | Mar 22, 2016 | 0 Comments

When a person has been charged with DUI in Georgia, it is considered a favorable outcome to get the DUI reduced to "reckless driving."  That being said, please understand that not every case qualifies for a reduction.  To qualify the case must merit a reduction because there is either a legal or factual reason for it. 

That also being said, clients often ask how a person can plead to reckless driving when the police officer never saw that person drive.  A perfect example is when there has been an accident, or the police charge someone with DUI at a roadblock.

In the case of the accident involving an impaired driver, logically there is sufficient recklessness because of the crash.  As for a roadside checkpoint, it takes a bit more analysis; however, there is still sufficient evidence to warrant a plea to reckless driving.

In Georgia, Reckless Driving is defined as driving a vehicle with reckless disregard for the safety of persons or property (see O.C.G.A 40-6-390).  Nowhere in the statute does it describe a particular kind of driving.  Consuming alcohol before driving, even to less than what would need to have caused a person to be fully impaired, is reckless behavior.  That is why a person could be considered to have driven with reckless disregard for the safety of others, even if the police officer did not observe them driving. 

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Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 10 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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