Aggressively Defending You Against Your Reckless Driving Charges

The Texas Transportation Code defines reckless driving as driving with “willful or wanton disregard for the safety of persons or property.” Due to the vague definition, it is easier to be charged with reckless driving than most people realize, as many other traffic offenses could turn into reckless driving depending on the circumstances. Unfortunately, the consequences of a reckless driving charge can be severe since, unlike most other traffic offenses, reckless driving carries potential jail time. If you have been charged with reckless driving, the best thing to do is contact a criminal defense attorney as soon as possible.

Willful or Wanton Disregard

Reckless driving requires an intentional disregard for the safety of others. The Texas Penal Code states a person is acting recklessly with respect to the circumstances surrounding his conduct, or the result of his conduct, when he is aware but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. It is important to note that reckless driving is not the same as careless driving. Careless driving is when someone fails to pay attention or is similarly negligent.

Examples of Reckless Driving

The following driving behaviors commonly result in reckless driving charges:

• Excessive speeding
• Driving while texting
• Driving while intoxicated
• Dangerous lane changes
• Street racing
• Driving the wrong way down the road
• Crossing over a double yellow line
• Running a red light or stop sign
• Failure to yield the right of way
• Failure to stop for a stopped school bus
• Tailgating

With respect to the above examples, a person who engages in such conduct must still act recklessly to be convicted for reckless driving. For example, running a red light because you were not fully paying attention is typically considered negligent, not reckless behavior. If you knew the light was red, however, and consciously chose to disregard it, or you were not paying attention because you were texting on your phone, it may be enough for a reckless driving charge.

Where must the Reckless Driving Occur

In order to be charged with Reckless Driving, the reckless driving must have occurred on:

• A private access way or other public place provided by a business;
• A highway, or;
• Any other public place

The Penalties You Face if Convicted of Reckless Driving

Reckless driving is a misdemeanor offense that is punishable by the following:

• A fine of up to $200.00
• Up to 30 days in county jail

Depending on the severity of the offense, you may face both a fine and time in jail if you are convicted.

In addition to fines and jail time, it is important to acknowledge the collateral consequences of a conviction. These can include the following:

• Points on your driving record
• Suspension or revocation of your driver’s license
• Increase insurance premiums

If you drive as part of your employment, a reckless driving conviction could also jeopardize your employment.

Contact Barton & Associates Attorneys At Law, PLLC, if You Have Been Charged with Reckless Driving

One of the biggest mistakes people make is assuming that their reckless driving charge is nothing to worry about. A conviction could bring serious consequences, especially if you have prior infractions on your driving record. An experienced aggressive driving defense lawyer from Barton & Associates Attorneys At Law, PLLC, can explain your options and fight for a fair result. Contact us today by calling 210-570-2020 to schedule a confidential consultation with one of our attorneys.