Texas takes reckless driving very seriously, which is why if you have been charged, you will need an experienced Texas criminal defense attorney on your side. Contact our firm today to discuss your case. We are dedicated to fighting for you and your future.
How Does Texas Law Define Reckless Driving?
Under Texas law, a reckless driving offense is defined as the operation of a vehicle with “willful or wanton disregard for the safety of persons or property.” It is important to note that reckless driving is different from many other standard traffic violations, as the charges will depend on the driver’s behavior.
Definition of Reckless Driving in Accordance With Texas Law
Generally, someone may be charged with this offense when they operate a vehicle in Texas with
- Willful or wanton disregard
- For the safety of:
- Other people, OR
- Property
Essentially, reckless driving occurs when there is a deliberate disregard for the safety of others that exceeds ordinary negligence while creating a significant risk to others on the roadways.
What Type of Driving Behavior Can Lead to a Reckless Driving Charge?
Understanding what actions and behaviors on the roads can contribute to a reckless driving charge in Texas is critical. It’s important to understand that, in most instances, reckless driving revolves around intentional and deliberate choices to engage in dangerous behavior, rather than a simple mistake or standard negligence.
Common Behaviors Associated With Reckless Driving Charges?
Drivers may face this offense in the event that they are caught:
- Driving significantly above the speed limit
- Driving too fast for the road conditions
- Street racing
- Tailgating or exhibiting road rage
- Weaving through lanes and making unsafe changes
- Driving under the influence or while impaired
It’s vital to understand, however, that speeding alone will not automatically warrant a reckless driving charge. However, speeding can become reckless when you are traveling significantly above the posted speed limit, or you create a serious risk to others.
Additionally, the entirety of the circumstances surrounding your charges will be considered, including how dense traffic was at the time, your proximity to pedestrians, and the manner and duration of your behavior.
Criminal Penalties for Reckless Driving in Texas
Under Texas law, reckless driving typically constitutes a misdemeanor criminal offense. As mentioned, this differs from other traffic violations, as this charge will appear on your criminal record rather than being handled like a moving violation or standard speeding ticket.
Standard Reckless Driving Penalties (First-Offense)
In general, a standard, first-offense reckless driving offense usually carries the following penalties:
- A fine of up to $200;
- Up to 30 days in county jail; or
- Both a fine and jail time.
You should also note that you may incur court costs and fees, probation, community service, and increased auto insurance costs as a result of a reckless driving conviction in Harris County.
Circumstances That May Increase Penalties
It’s critical to understand that there are a number of circumstances that can increase the severity of the penalties imposed by the court when you are convicted of reckless driving. This includes:
- Prior reckless driving convictions
- Other previous significant traffic violations
- There are serious injuries
- There is property damage
- You were under the influence
The presence of aggravating factors can increase the penalties imposed by the court, which could include:
- Driver’s license suspension
- Probation conditions
- Background screening implications
When Reckless Driving Can Lead to Felony Charges
While reckless driving is generally charged as a misdemeanor offense, certain conduct, like racing or extreme speeding, could lead to felony level charges.
When Charges May Be Enhanced in Texas
In Texas, allegations of racing may be charged as a felony offense if:
- Speed contributed to a collision
- Someone sustained injuries
- There is serious bodily injury or death
- There are prior racing convictions
Depending on the circumstances of the case, this may be charged as a Class A or B misdemeanor, state jail felony, third-degree felony, or, in serious instances, a second-degree felony.
Houston-Area Considerations
While most criminal cases generally proceed the same way, where your reckless driving case occurred can have an impact on how this process works and the outcome of your case.
Why Local Court Context Matters
A reckless driving case in the greater Houston area may move through the courts depending on:
- The county where the incident occurred
- The charges filed against you
- Whether or not you are charged with additional offenses
Additionally, local cases are influenced by a number of factors, like your prior history, whether or not racing or evasion is present, and officer observations.
Contact Our Experienced Houston Criminal Defense Firm
Facing a reckless driving charge is incredibly serious due to the fact that this is a criminal offense and not a standard traffic violation in Texas. As such, working with an experienced Houston criminal defense law firm, like the Gonzalez Law Group, is in your best interest. When you need assistance, do not hesitate to contact our firm today to learn more about your legal options.