According to reports, Laura Reese died in October of 2018 as a result of a car crash on I-20 in Douglas County. This week, Thomas Pastore, was indicted by a grand jury on charges of DUI, reckless driving, and vehicular homicide in Georgia relating to Reese's death.
As a Georgia DUI Lawyer, I will outline the law behind both DUI and reckless driving in today's post.
DUI in Georgia
DUI in Georgia is defined in O.C.G.A. §40-6-391 of the Georgia Code as:
A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) …there is any amount of marijuana or a controlled substance present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
DUI Laws in Georgia are very extensive and far-reaching. The penalties are equally as extensive. For a first-time DUI conviction, the following penalties can be imposed by law:
- 12 months of probation
- Minimum fine of $300
- Between 1 - 10 days in jail
- Community service
- Substance abuse counseling
- DUI School
- MADD Victim Impact Panel
- Drivers License Suspension
Reckless Driving in Georgia
Reckless driving in Georgia is defined in O.C.G.A. §40-6-390 of the Georgia Code as:
Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
Reckless driving is classified as a misdemeanor in the state of Georgia. If convicted of reckless driving, the penalty can include up to $1,000.00 in fines and 12 months of jail time.
If you or a loved one has been charged with a serious traffic violation or any related offense, contact a Georgia DUI Attorney today.