40-6-390.1. Reckless stunt driving.

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. (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:#

   1. (A)

      A fine of not less than $500.00 and not more than $1,000.00; and#

   2. (B)

      A period of imprisonment of not fewer than ten days nor more than six months;#

2. (2)

   For the second conviction in a ten-year period of time, a misdemeanor of a high and aggravated nature to be punished by:#

   1. (A)

      A fine of not less than $750.00 and not more than $1,500.00; and#

   2. (B)

      A period of imprisonment of not fewer than 90 days and not more than 12 months;#

3. (3)

   For the third conviction in a ten-year period of time, a misdemeanor of a high and aggravated nature to be punished by:#

   1. (A)

      A fine of not less than $2,500.00 and not more than $5,000.00; and#

   2. (B)

      A period of imprisonment of not fewer than 120 days and not more than 12 months; and#

4. (4)

   For a fourth or subsequent conviction in a ten-year period of time, a felony to be punished by:#

   1. (A)

      A fine of not less than $5,000.00 and not more than $7,500.00; and#

   2. (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.#

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.#

1. (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. (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.#

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.#