--- title: O.C.G.A. § 40-6-390.1. Reckless stunt driving. collection: code id: 40-6-390.1 cite_as: O.C.G.A. § 40-6-390.1 (2025) canonical_url: https://georgiacommons.org/code/40-6-390.1 md_url: https://georgiacommons.org/code/40-6-390.1.md text_url: https://georgiacommons.org/code/40-6-390.1/text source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-pdf.pdf?sfvrsn=f322c22b_0#page=54 date: 2025 status: active corpus_version: 2025-supplement-89aa39ab3c68 license: CC0-1.0 publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/code/40-6.md previous: https://georgiacommons.org/code/40-6-390.md next: https://georgiacommons.org/code/40-6-391.md index: https://georgiacommons.org/code/index.md version: the only printed version in_force: true current_through: Including Acts of the 2025 Regular Session of the General Assembly heading_path: MOTOR VEHICLES AND TRAFFIC / UNIFORM RULES OF THE ROAD / SERIOUS TRAFFIC OFFENSES --- # O.C.G.A. § 40-6-390.1. Reckless stunt driving. (a) 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 and, upon conviction thereof, shall be guilty of: (1) For the first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, a misdemeanor of a high and aggravated nature to be punished by: (A) A fine of not less than $500.00 and not more than $1,000.00; and (B) A period of imprisonment of not fewer than ten days nor more than six months; (2) For the second conviction in a ten-year period of time, a misdemeanor of a high and aggravated nature to be punished by: (A) A fine of not less than $750.00 and not more than $1,500.00; and (B) A period of imprisonment of not fewer than 90 days and not more than 12 months; (3) For the third conviction in a ten-year period of time, a misdemeanor of a high and aggravated nature to be punished by: (A) A fine of not less than $2,500.00 and not more than $5,000.00; and (B) A period of imprisonment of not fewer than 120 days and not more than 12 months; and (4) For a fourth or subsequent conviction in a ten-year period of time, a felony to be punished by: (A) A fine of not less than $5,000.00 and not more than $7,500.00; and (B) A period of imprisonment of not fewer than one year and not more than five years; provided, however, that when a violation of this paragraph results in an injury to another or damage to property over $1,000.00, the first 12 months of such sentence shall not be suspended, probated, deferred, or withheld by a sentencing court. (b) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a conviction of violating any ordinance adopting the provisions of this Code section. (c)(1) Any motor vehicle operated by a person who has been previously convicted of a violation of this Code section and who is arrested and charged with a violation of this Code section is declared to be contraband and subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9. (2) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once. (d) For purposes of this Code section, the occurrence of a previous conviction shall be measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted. ## History Code 1981, § 40-6-390.1, enacted by Ga. L. 2021, p. 228, § 6/HB 534; Ga. L. 2024, p. 532, § 3/SB 10, effective July 1, 2024. ## Cross References License suspension and other conditions for offense of reckless stunt driving, § 40-5-57.2. ## Editor's Notes Ga. L. 2021, p. 228, § 11/HB 534, not codified by the General Assembly, provides that: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date.” This Act was approved by the Governor on May 3, 2021. ## Amendments The 2024 amendment, effective July 1, 2024, in subparagraph (a)(1)(A), substituted “$500.00 and not more than $1,000.00” for “$300.00 but not more than $750.00”; in subparagraph (a)(2)(A), substituted “$750.00” for “$600.00” and “$1,500.00” for “$1,000.00”; in subparagraph (a)(3)(A), substituted “$2,500.00” for “$1,000.00”; in subparagraph (a)(4)(A), substituted “$5,000.00” for “$1,000.00” and “$7,500.00” for “$5,000.00”; added the proviso at the end of subparagraph (a)(4)(B); designated former paragraph (b)(1) as subsection (b); deleted former paragraph (b)(2), which read: “Notwithstanding any provision of this Code section to the contrary, any court authorized to hear misdemeanor or high and aggravated misdemeanor cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed.”; and substituted “previously convicted of a violation of this Code section” for “declared a habitual violator for three violations of this Code section, whose license has been revoked,” in paragraph (c)(1). ## Effective Date This Code section became effective May 3, 2021. See Editor’s notes for applicability.