What You Should Know About Reckless Driving Charges in Texas
Reckless driving is a criminal offense that can result from driving behaviors that might result only in traffic infractions in other states. To be clear, under Texas law, reckless driving is a serious misdemeanor that can be charged when a person “drives a vehicle in wilful or wanton disregard for the safety of persons or property.” There is no required intent to cause harm to face this charge. Instead, driving that is negligent can lead to reckless driving charges if the driver knew or should have known that their behavior or actions behind the wheel could result in harm to another person or to someone else’s property.
What kinds of negligent driving can be charged as reckless driving in Texas? And what are the consequences of a conviction? Consider the following information.
Many Different Traffic Violations Can Result in Reckless Driving Charges
Generally speaking, when a person drives with wilful or wanton disregard for another person’s safety or for the safety of their property, they are considered to be acting in a way that shows a knowing indifference for others. As such, a person can face reckless driving charges if they drive in a manner that they know could cause harm. That could mean any of the following driving behaviors, for example:
- Speeding at rates far above the posted speed limit, or excessive given the conditions;
- Intentional red-light running;
- Texting while driving;
- Weaving in traffic;
- Tailgating to force another car to go faster; or
- Intoxicated driving.
There are other driving behaviors that can also result in reckless driving charges beyond those listed above. The important thing to take away is that making a decision to engage in a driving behavior that is known to be hazardous may result in misdemeanor reckless driving charges.
How Ordinary Negligence Can Become Reckless Driving
Many of the driving behaviors listed above might look like ordinary negligence in some situations (resulting in a traffic infraction but not criminal charges for reckless driving), and reckless driving in some others. It will depend on the specific nature of the driver’s actions and the circumstances.
For example, speeding on a relatively empty rural road is less likely to result in serious harm to another person than speeding in a school zone. Or, for instance, texting while sitting at a red light is less likely to cause severe harm than texting while driving on a heavily trafficked road with bicyclists and pedestrians. The consequences will depend on the circumstances. In some cases, it may be a defense to reckless driving to show that you did not willfully disregard the safety of others given the circumstances.
Contact Our Texas Reckless Driving Defense Attorneys Today for Assistance
You might assume that reckless driving is only a traffic infraction that does not need to be taken seriously, but this is actually a misdemeanor criminal offense in Texas, as we discussed above. Accordingly, if you are facing charges for reckless driving, it will be critical to seek legal advice from one of the experienced Texas reckless driving defense lawyers at John Reed, Attorney at Law in order to avoid a conviction and a criminal record. There are multiple possible defenses to reckless driving in Texas, and our firm can speak with you today about developing a strong defense that is tailored to the facts of your case. Contact us today to discuss your reckless driving charge and how you can defend against the charges.
Source:
statutes.capitol.texas.gov/docs/tn/htm/tn.545.htm
