WHAT IS RECKLESS STUNT DRIVING?
This new law is called "Reckless Stunt Driving." It will crack down pretty harshly on street racers in Georgia. Here's what you need to know about Georgia's new statute on reckless stunt driving: § 40-6-390.1 - This will be considered a misdemeanor traffic offense and much more than just a typical traffic ticket or traffic violation.
WHAT ARE THE PENALTIES FOR STREET RACING?
- You will have a suspended license under Georgia law.
- The fine is $300 to $750.
- Jail time ranges from a minimum of 10 days to a maximum of 180 days.
Second and third convictions for this offense will lead to increased fines, jail time, and the government's ability to seize the vehicle and your driver's license!
For those people who promote this event, the government will try and punish you too! The new statute, 16-11-43.1, says "[a]ny person who knowingly promotes or organizes an exhibition of illegal drag racing, in violation of Code Section 40-6-186, or of laying drags, in violation of Code Section 40-6-251, shall be guilty of a misdemeanor of a high and aggravated nature." I presume there will be court cases where someone promotes an event simply by sharing a Facebook or Instagram post with their friends and followers.
Here is the actual language of the newly drafted O.C.G.A. 40-6-390.1:
"Any person who operates any vehicle while drag racing, in violation of Code Section 40-6-186, or laying drags, in violation of Code Section 40-6-251, in reckless disregard for the safety of persons on a highway or upon private property without express authorization from the owner of such property commits the offense of reckless stunt driving."
From a practical standpoint, this new law will bring those people racing at accelerated speeds, or conducting an acceleration contest, into the jails in a relatively large number. Currently, a person may not actually get arrested on a racing ticket or warrant, but instead given a traffic ticket with a notice to appear in court. But, this new statute will likely cause the police officer to arrest the driver and bring them to jail immediately.
Real Case Result
In October of 2021, I represented a driver in Gwinnett County Recorders' Court who not only received a traffic ticket for Aggressive Driving and Improper exhaust but who was actually arrested for a racing charge and accused of driving a certain distance while in a speed competition. The charges were bogus, and he hired my defense firm to seek an acquittal.
The Gwinnett County Police Department officer said he paced my client and another driver for some time and watched each of them travel side by side (under the speed limit). When my client and the other driver stopped at the red traffic light, they revved their engines. Once the light turned green, they sped off and were arrested.
My client told the police officer he was not racing. Once he hired my criminal defense law office, we obtained the body camera footage. It showed our client did not participate in the drag race. We utilized the best defense there is in criminal law--He simply didn't commit the crime!
The prosecutor made us a plea offer directly before trial, which was to plead guilty to a "reduced" charge of reckless driving, complete some probation, pay a speeding ticket fine, and avoid a driver's license suspension. And, they kept reminding me that a conviction to the actual charge of racing after trial will lead to a driver's license suspension, mandatory jail time, and fines, among other consequences. I found this to be not in my client's best interests. So, we decided to go to trial.
And we won! Not guilty on all counts!
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If you are charged in Georgia for any criminal activity, contact Richman Law Firm attorneys immediately. We will give you the best defense possible and go over and beyond to get your case dismissed.