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Texas has some of the longest stretches of highway and interstate in the nation. While this means a lot of traffic from visitors and commuters, this also means a significant opportunity for negligent drivers to harm others.
Some of the most damaging driving negligence is covered under Reckless Driving. There are a lot of situations and behavior that may constitute reckless driving that happens routinely.
We’ll cover what reckless driving means, as well as several common examples. First, let’s take a look at what The Lonestar State says about reckless driving in its statutes.
What Is Considered Reckless Driving In Texas?
The state of Texas defines Reckless Driving in the Texas Transportation Code, TRANSP § 545.401.
This law states that a person may be found guilty of Reckless Driving if they operate a vehicle with “willful or wanton disregard for the safety of persons or property”.
What Is The Punishment For Reckless Driving In Texas?
Reckless Driving is what is known as a hybrid offense. Reckless Driving is prosecuted as a Class B or Class C misdemeanor in Texas, and the punishments can include:
● A fine not to exceed $200
● Confinement in a county jail facility for not more than 30 days
● Both the fine and the confinement
Some Examples Of Reckless Driving
● Operating a motor vehicle at an excessive or dangerous speed
● Disregarding traffic control signals putting other drivers and pedestrians in potential danger
● Intentional failure to yield the right of way to other drivers or pedestrians when prescribed
● Driving under the influence of alcohol or while intoxicated by drugs, DUI/DWI (You can even be charged and convicted of a DUI/DWI as well as Reckless Driving)
● Street racing with other drivers
● Intentionally evading law enforcement
● Crossing the double yellow line for any reason while on a state or county highway
● Talking on the phone without a hands-free device while driving
● Passing a stopped school bus for any reason
● Failure to provide directional indicators, either with electrical or hand signal methods
● Operating your vehicle in any way that results in you losing control of the vehicles, the only caveat for this example is that if the driver argues that they did not operate with specific intent, they may be able to argue against a charge of Reckless Driving
Is Reckless Driving On Your Record?
If you are convicted of Reckless Driving in Texas, you are issued points under the Driver Responsibility Program. These points will stay on your permanent Texas driving record for a period of 3 years from the date of conviction.
If your conviction was for simple Reckless Driving, you will be given 2 points. You will be given 3 points if convicted of a charge of Reckless Driving which resulted in a crash.
The point assignment is the same for both Texans as well as out-of-state drivers. Charges of Reckless Driving are also retained permanently on the driver’s criminal record. These are often only the beginning of the negative effects of a Reckless Driving conviction.
Other Consequences Of Reckless Driving
Many consequences can happen following the successful prosecution of a Reckless Driving charge. Here are some of the most common.
Driving Points
With a conviction worth between 2 and 3 points that stay on your license for 3 years from the date of conviction, those points can be a crucial determining factor in being allowed to drive.
Collecting more than 6 points in a 3-year period means the driver is already on the hook for driver responsibility surcharges.
License Suspension
Reckless Driving is a charge that will count against a driver’s moving violation allowance.
In Texas, once a driver accumulates 4 convictions in 12 months or 7 convictions in 24 months, they can have their drivers’ license automatically suspended.
License Revocation
If you are deemed to be a repeat offender or accumulate too many points and resulting suspensions, you may be eligible for license revocation.
If your license is revoked, it is confiscated by the state of Texas indefinitely. In some cases, you may be able to apply for a reinstatement hearing many years later, but they are also expensive.
Community Service
As part of sentencing for a charge and conviction of Reckless Driving, a driver may be sentenced to community service. This can include a wide variety of activities and can be relatively flexible in terms.
Restitution
Restitution can be ordered in cases where there is property damage or other monetary costs associated with the offender’s conviction.
In the case of the reckless driver causing an accident, restitution can be ordered to be paid to the insurance company. This can be incredibly costly in some cases.
Job Loss
It is not uncommon for someone convicted of Reckless Driving to end up losing their job. Many organizations have requirements set forth in employment documentation that require the employee to reflect on the company in a positive way.
Upon conviction of Reckless Driving, you may find that you now violate a similar policy by now bringing negative attention to the company. This means you can lose your job, which will be devastating to your stack of court fees and increasing bills.
Increased Insurance Premiums
Once your insurer receives the information regarding a Reckless Driving conviction, it is not uncommon to see premiums nearly double. This is arguably one of the most costly after-effects of a conviction.
Causing A Crash
Of course, if you cause a crash, there is an entire galaxy of potential complications that can begin to affect your case. If Reckless Driving caused a crash that resulted in injuries, or even loss of life, the repercussions can be incredibly severe.
In addition to any potential criminal charges for the crash, you will be issued the additional point that remains on your license for 3 years. Two convictions for Reckless Driving that cause a crash can be an immediate suspension.
Wet Reckless
A “wet reckless” charge in Texas actually refers to the common plea bargain agreement offered to defendants that were originally charged with driving while intoxicated. Being charged with a wet reckless leaves you with lower fines, a shorter jail sentence, and no DUI on your driving record.
What Speed Is Reckless Driving?
To get a reckless driving charge in Texas, you’ll have to do more than just speed. There are only three traffic offenses that can’t land you in jail, and those are open container, texting while driving, and speeding. Texas does not have a designated speed limit that they consider “reckless”.
Even though speeding itself is not an arrestable offense, high speeds are often the cause of other things that drivers can be charged with. Some of the things that have been deemed reckless by the state of Texas are:
● Racing
● Driving intoxicated
● Eluding a police officer
● Weaving in and out of traffic
● Driving too fast for road conditions
● Endangering the lives of people or property
Charged With Reckless Driving In Texas?
If you’re charged with reckless driving in Texas, it means you were likely committing at least two driving offenses that were a risk to property or people.
The penalties for the traffic misdemeanor reckless driving are a fine of up to $200 and/or up to 30 days in jail.
Have appwinit.com fight your reckless driving case and give you the best chance possible.
