Austin Reckless Driving Lawyer

Have You Been Charged With Reckless Driving?

Reckless driving isn't just a minor slip-up while driving. Under Texas law, it is a serious offense where your driving indicates a clear, deliberate disregard for safety. Being convicted of reckless driving can lead to a serious fine, a tarnished driving record, and other consequences. 

Accused of reckless driving in Texas? There's no need to face this challenging period on your own. The traffic ticket attorneys at Cofer & Connelly, PLLC, are at your service. We possess the experience necessary to defend clients in Texas facing these types of charges and are dedicated to upholding your rights.

To schedule a consultation with a knowledgeable traffic ticket lawyer, you can contact us online or call us at (512) 991-0576.

What Is Reckless Driving in Texas?

Under Texas Statutes Section 545.401, if you're driving a vehicle, you might be charged with reckless driving if your actions show a willful and wanton disregard for the safety of people or property.

"Willful" implies that you're intentionally doing something, or deliberately choosing to act in a certain way. "Wanton disregard," on the other hand, suggests a kind of reckless behavior where you're very much aware of the risks your actions pose but decide to go ahead with them regardless of the potential consequences. In simpler terms, it's like knowing something is dangerous but choosing to do it anyway, without caring about the safety of others.

It's also important to note that this law isn't limited to public roads or highways. It also applies to parking areas of businesses. Additionally, it's applicable to anyone working on a highway area, such as construction crews.

What Is Needed to Convict for Reckless Driving?

For a prosecutor to successfully convict you of reckless driving in Texas, they need to prove that your driving behavior was not just a mere mistake or a moment of distraction. They need to establish that you were driving with a clear disregard for safety – that your actions were deliberate and that you were aware (or should have been aware) of the potential danger your driving posed to others and their property.

Penalties for Reckless Driving in Texas

In Texas, reckless driving is categorized specifically as a misdemeanor offense under Texas Statutes Section 545.401. This means that if you're found guilty of reckless driving, you have significant consequences to consider. For reckless driving, the specific penalties are a fine not exceeding $200, confinement in county jail for not more than 30 days, or both.

Besides these legal penalties, there are additional consequences for your driving record. The Texas Department of Public Safety (DPS) can suspend your driver’s license if you have four moving violations (e.g., reckless driving) in a 12-month period or seven violations in a two-year period. However, unlike other states, Texas does not assess driver’s license points per violation as of 2019.

Potential Defenses to Reckless Driving Charges

Lack of Willful or Wanton Disregard

One defense is challenging the "willful or wanton disregard" part of the charge. If you can show that your driving behavior was not a deliberate or conscious disregard for safety, this could be a strong defense. For example, if your actions were a result of a momentary distraction or an unforeseen situation, it could argue against the willfulness or wantonness required for a reckless driving conviction.

Necessity or Emergency

If your driving was a response to an emergency situation, you might argue that you had to drive in a certain way to avoid greater harm. This could be applicable if, for instance, you were swerving to avoid an accident or rushing someone in need of urgent medical attention to a hospital.