What constitutes reckless driving in Georgia vehicular homicide and serious injury by vehicle cases is hotly contested (and misconstrued) in these cases. Dunagan v. State, 283 Ga. 501, 661 S.E.2d 525 (2008), provides helpful instruction as to what level and type of evidence is required to establish recklessness:
As Dunagan correctly argues, criminal negligence may support the offense of reckless driving, and it is more than the negligence that might render one liable for damages in a civil suit; it is recklessness or carelessness so as to show a disregard of consequences or a heedless indifference for the safety and rights of others who might reasonably be expected to be injured thereby. Walden v. State, 273 Ga.App. 707, 710-711(1), 616 S.E.2d 462 (2005). Even the found violation of a highway safety statute, such as running a red light as in this case, may not constitute criminal negligence, unless the violation is intentional, wilful, or wanton, or though unintentional, is accompanied by recklessness or is under circumstances from which probable death or injury to others might be reasonably anticipated. Id. at 711(1), 616 S.E.2d 462.
For more discussion about defending against reckless driving charges in Georgia, visit www.sessionscriminaldefense.com.
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