What are the penalties for reckless driving?

RickOliver • Apr 28, 2019

In Texas a conviction for reckless driving can result in a fine of $200 and confinement in county jail for up to 30 days.

Reckless driving is a rare hybrid offense in Texas. It’s not really a Class C misdemeanor. It’s not a Class B misdemeanor. Regardless of what you call it, though, the fact that your exposure can include up to 30 days in county jail should be noted; and it should get your attention.

This is not a “go to court and pay the fine” kind of offense.

It’s also important to understand how “reckless driving” is defined in the state of Texas. What the statute says is that a person commits the offense of reckless driving if that person drives in a manner that demonstrates willful or wanton disregard for the safety of persons or property.

The case law puts a finer point on it, further defining “willful and wanton disregard” to mean “a deliberate and conscious indifference to the safety of others.”

Clearly, the definition seems to contemplate conduct more egregious than simply driving more than twenty or twenty-five miles over the speed limit. Indeed, the definition culled from the case law seems to suggest these cases can all be evaluated based on the specific facts and circumstances that existed at the time you were stopped.

“Reckless driving” is a legal conclusion. Judges and juries are certainly not required to agree with a legal conclusion reached by a member of law enforcement.

So, if you find yourself accused of reckless driving you should call Rick Oliver Attorney at Law to discuss whether the situation really amounted to “a deliberate and conscious indifference to the safety of others.”

And, if we don’t think it did, we can force the state to attempt to prove it.

15 May, 2024
This National Traffic Safety Month, we aim to shed light on the potential legal implications of common traffic violations such as speeding, distracted driving, and more. Our goal is to help you stay informed and navigate the complexities of traffic law effectively. Here are some frequently asked questions about traffic violations and their penalties. What are the penalties for speeding? Speeding tickets can result in fines ranging from under $50 to several hundred dollars. The exact amount often depends on how much you were exceeding the speed limit and the jurisdiction in which the offense occurred. For excessive speeding or repeated offenses, the penalties can be more severe, potentially escalating to criminal charges, including misdemeanors or felonies, depending on state laws and the specifics of the violation. What constitutes distracted driving and what are the penalties? Distracted driving primarily includes behaviors such as texting while driving. Penalties for distracted driving vary widely across states, typically ranging from $20 to $250 for fines. However, some states impose even higher fines, especially for first-time offenses, reflecting the growing recognition of the risks associated with distracted driving. How are red light violations penalized? Fines for running red lights can vary significantly, generally ranging from $50 to $500. The exact penalty depends on local laws and the circumstances surrounding the violation. What are the consequences of driving under the influence (DUI)? Driving under the influence of alcohol or drugs is a serious offense with severe penalties. These can include heavy fines, license suspension, mandatory education programs, and even imprisonment. What other consequences can traffic violations have? Traffic violations can lead to increased car insurance premiums and points on your driver's license. Accumulating points can result in license suspension, mandatory driver retraining, or other administrative actions. These consequences can significantly impact your financial and legal standing. How can Cockrell & Oliver Law Firm help if I'm facing charges for a traffic violation? Our experienced legal team can assist you in navigating the legal system to potentially reduce fees or charges. This support is crucial in preventing long-term financial or legal repercussions. If you have more questions or need assistance with a traffic-related legal issue, please do not hesitate to call us at. Our expert team is here to help you understand your rights and options.
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