Reckless driving in Texas is one of several possible traffic penalties. Reckless driving is generally treated as a misdemeanor, but can become a felony if either an injury or death is involved.
In the event a police officer in Texas observes a driver committing a criminal traffic violation, they have the legal right to stop and arrest them immediately. In other cases, another driver will make a call to 911 in order to report the individual committing a traffic offense.
According to the official definition laid out by the Texas Transportation Code, reckless driving involves “operating a vehicle with willful or wanton disregard for the safety of persons or property.”
Reckless driving could involve the following:
- Driving too fast for current conditions
- Driving significantly over the speed limit
- Weaving in and out of traffic
- Running red lights
If someone is hit with a criminal charge of reckless driving in Texas, this generally means that a driver took part in more than one incident that endangered someone else or another property.
A driver could be charged with reckless driving in the following locations:
- Public road
- Parking lot
- Parking garage
- Other areas open to public vehicle traffic
Reckless driving is classified as a traffic misdemeanor that is punishable by up to 30 days in jail and a fine of up to $200. Those who plead guilty to reckless driving will end up losing their drivers license as a result.
In the event that you choose not to pull over for the police, you will also run the risk of being charged with either attempting to elude police or fleeing, per the Texas Transportation Code. Police officers may also use verbal orders and hand signals to order you to pull over instead of just using the traditional lights and sirens.
Eluding police and fleeing are both classified as being Class B misdemeanors, which carry punishments of up to six months in a county jail. Any amount of reckless engagement that ends up placing someone else at risk of receiving any amount of serious bodily injury will result in the charge being upgraded to a Class A misdemeanor. This carries a punishment of up to a year in jail, as well as a fine of up to $4,000.
Other forms of illegal driving, such as road racing, can end up becoming a Class A misdemeanors if you have a previous conviction on your record. Additionally, this can also occur if you were drinking while you were racing or if you had an open container in your vehicle. If you have been previously convicted of racing twice, you will be hit with a state jail felony charge that carries a punishment of between six months and two years in a Texas state facility.
In the event someone is hurt due to your racing, the charge will become a third-degree felony, which carries a punishment of between two and ten years in jail. In the event of a serious injury or death, the charge is upgraded to a second-degree felony, which is punishable by up to 20 years in jail.
Thank you for reading the legal news blog of The Law Office of Gabriella Young. Contacting an experienced attorney right when you are charged is incredibly important for the wellbeing of your case. We are an Austin, Travis County, and Williamson County criminal defense firm experienced in license reinstatement, DWI, and reckless driving and our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!