How does a nolo contendere plea affect points on a Georgia driving record for reckless driving?

Under O.C.G.A. § 17-7-95(c), a nolo contendere plea in a Georgia traffic case results in zero points being assessed on the driver's license, provided two conditions are met: the judge must accept the nolo plea, and the defendant must not have entered a nolo plea on any moving violation within the preceding five years. For reckless driving, a qualifying nolo plea means the conviction is still entered on the criminal record, but DDS assesses no points. This is a significant benefit for drivers concerned about suspension thresholds. However, the five-year restriction is strict, and judges retain discretion to refuse the plea, though refusal is uncommon in routine traffic matters.

Does a nolo plea for reckless driving protect you from an insurance rate increase in Georgia?

No. While a nolo contendere plea prevents DDS from assessing points on the driving record, insurance companies are not bound by the zero-point rule. Insurers obtain driving history through their own motor vehicle record checks, which reflect the reckless driving conviction regardless of the plea type. As a result, a reckless driving conviction — whether entered on a guilty plea or a nolo — is likely to result in a premium increase, typically in the range of 25 to 50 percent. Drivers should not assume their insurance rates will remain unchanged simply because they entered a nolo plea and avoided points on the DDS record.

How does reckless driving compare to a DUI conviction in Georgia?

Reckless driving carries significantly less severe consequences than a DUI conviction in Georgia. A DUI conviction results in an automatic license suspension, no eligibility for the nolo zero-point benefit, a permanent non-restricted criminal record in most circumstances, potential mandatory minimum jail time, DUI school requirements, and insurance premium increases of 70 to 100 percent or more. Reckless driving, by contrast, carries four DDS points (zero with a qualifying nolo plea), no automatic suspension, a lesser criminal record entry that may be eligible for restriction under O.C.G.A. § 35-3-37, and a more modest insurance impact. When a reckless driving reduction is offered in a DUI case — sometimes called a wet reckless — the practical benefits of accepting it can be substantial depending on the facts.

How can Brett Willis Law LLC help with a reckless driving charge in Georgia?

Brett Willis Law LLC defends clients facing reckless driving charges and DUI-to-reckless plea negotiations throughout Gainesville, Hall County, and North Georgia. Attorney Brett Willis — named to The Fulton County Daily Report's 10 Lawyers You Need to Know, recognized as a Harvard Law School Trial Advocacy Program Instructor, and rated by Super Lawyers — brings extensive knowledge of Georgia traffic law and DDS consequences to every case. The firm analyzes all available options, including nolo contendere eligibility, record restriction under O.C.G.A. § 35-3-37, and the full range of driving record and insurance implications before any plea is entered. Contact Brett Willis Law LLC for a free consultation.

How Does Reckless Driving Affect My Driving Record and Insurance?

A reckless driving conviction in Georgia affects both your driving record and your automobile insurance premiums, but the consequences differ significantly from those of a DUI conviction. Understanding the distinction — and the role that a nolo contendere plea can play — is important for anyone facing a reckless driving charge or considering a negotiated resolution of a more serious traffic offense.

Reckless Driving Under Georgia Law

Reckless driving is defined under O.C.G.A. § 40-6-390 as operating a vehicle in reckless disregard for the safety of persons or property. It is a misdemeanor in Georgia, punishable by up to 12 months in jail and a fine of up to $1,000. Despite being a misdemeanor, reckless driving is treated as a serious traffic offense by the Georgia Department of Driver Services (DDS) and carries specific driving record consequences.

In the DUI defense context, reckless driving frequently appears as a negotiated charge reduction — sometimes called a wet reckless when the underlying charge was a DUI involving alcohol. Prosecutors in first-offense DUI cases occasionally offer reckless driving as a reduced plea, particularly when the evidence of DUI is contested or the defendant presents favorable circumstances. The practical consequences of a reckless driving conviction are substantially less severe than a DUI conviction, making it a meaningful outcome in cases where a full acquittal is not achievable.

Points on the Driving Record

DDS assigns four points to a driver’s license for a reckless driving conviction under the Georgia point schedule established at O.C.G.A. § 40-5-57. Georgia’s point system imposes a license suspension when a driver accumulates 15 or more points within a 24-month period. A single reckless driving conviction, at four points, does not by itself trigger a suspension — but combined with other moving violations within the same 24-month window, it can push a driver toward the suspension threshold.

Drivers under 21 face a stricter threshold: under O.C.G.A. § 40-5-57.1, a driver under 21 who accumulates four or more points within a 12-month period faces a 6-month license suspension. For young drivers, a reckless driving conviction alone can trigger this suspension, making the point implications particularly serious for this group.

Nolo Contendere and Its Effect on Points

Georgia law permits defendants in traffic cases to enter a plea of nolo contendere — commonly called a no-lo plea — which translates as no contest. A nolo plea is not an admission of guilt but results in the same conviction for sentencing purposes. However, under O.C.G.A. § 17-7-95(c), a nolo contendere plea in a traffic case results in zero points being assessed on the driver’s license, provided two conditions are met: the judge accepts the nolo plea, and the defendant has not entered a nolo plea on a moving violation within the preceding five years.

For reckless driving, a successful nolo plea means the conviction itself is still entered — it appears on the criminal record — but zero points are assessed on the driving record with DDS. This is a significant practical benefit for drivers concerned about the license point implications of a reckless driving conviction.

It is important to understand, however, that the five-year restriction is strict: if a driver has previously entered a nolo plea on any moving violation within the last five years, they are not eligible for the zero-point benefit on the new plea. The judge also retains discretion to refuse to accept a nolo plea in a given case, though this is uncommon in routine traffic matters.

The Insurance Impact of Reckless Driving

One area where the nolo plea does not provide complete protection is automobile insurance. While a nolo plea prevents points from being assessed on the DDS driving record, insurance companies are not bound by the zero-point rule. Insurers have their own rating systems and obtain driving history information through motor vehicle record checks, which reflect the reckless driving conviction regardless of the nolo plea. As a result, a reckless driving conviction — whether entered on a standard guilty plea or a nolo — is likely to result in an increase in insurance premiums.

The magnitude of the insurance increase for reckless driving is generally less severe than the increase following a DUI conviction. A DUI conviction typically results in premiums nearly doubling — an increase of 70 to 100 percent or more. Reckless driving generally produces a more modest increase, in the range of 25 to 50 percent depending on the insurer, the driver’s prior history, and the specific circumstances. However, drivers should not expect their rates to remain unchanged simply because they entered a nolo plea and avoided points on the DDS record.

Criminal Record Implications

A reckless driving conviction in Georgia is a misdemeanor conviction, and it appears on the defendant’s criminal record regardless of whether the plea was guilty or nolo contendere. Unlike a DUI conviction, reckless driving may be eligible for record restriction (expungement) under O.C.G.A. § 35-3-37 in limited circumstances, depending on the outcome of the case and the defendant’s overall criminal history. Whether record restriction is available requires a case-specific analysis by a defense attorney.

Reckless Driving vs. DUI: Comparative Consequences

For defendants who are offered reckless driving as a reduction from DUI, the comparison of consequences is stark. A DUI conviction carries an automatic license suspension, no eligibility for the nolo zero-point benefit, a permanent non-restricted criminal record in most circumstances, potential mandatory minimum jail time, DUI school requirements, and insurance premium increases that nearly double the annual cost. Reckless driving, by contrast, carries four points (zero with a qualifying nolo plea), no automatic suspension, a lesser criminal record entry, and a smaller insurance impact. In cases where the facts support a negotiated resolution and a reckless driving offer is on the table, a careful cost-benefit analysis is warranted with the guidance of experienced defense counsel.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

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I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

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