Managing Attorney
A reckless driving charge in Harris County can carry serious consequences, even though it is classified as a misdemeanor. In addition to fines and possible jail time, a conviction can impact your criminal record, your insurance rates, and even your ability to obtain certain professional licenses. Fortunately, with the right legal strategy, it is often possible to have a reckless driving charge dismissed — and in many cases, the record can be cleared entirely through an expunction.
What Is Reckless Driving Under Texas Law?
In Texas, reckless driving is defined under Texas Transportation Code § 545.401. A person commits reckless driving when they operate a vehicle with “willful or wanton disregard for the safety of persons or property.” This is more than just speeding or careless behavior. The law requires a showing of conscious indifference or subjective awareness of a substantial risk.
Reckless driving is a Class B misdemeanor in Texas, punishable by:
- A fine of up to $200;
- Up to 30 days in county jail; or
- Both.
Although the penalties may seem minor, a conviction can remain on your criminal record permanently if not handled properly.
Defending a Reckless Driving Charge in Harris County
The goal in every reckless driving case should be dismissal. A dismissal ensures that you avoid conviction and opens the door to a full expunction of the charge from your record.
To build a strong defense, an experienced criminal defense attorney must conduct an independent investigation. This includes:
- Obtaining and analyzing the police report;
- Reviewing body and dash camera footage;
- Interviewing any witnesses;
- Identifying whether the officer’s interpretation of “reckless” meets the legal standard.
Many reckless driving charges are based on subjective interpretations by police officers and may not hold up in court. In some cases, what’s labeled as “reckless” is little more than poor or aggressive driving — not willful disregard for safety.
How Cases Get Dismissed in Harris County
Reckless driving charges can be dismissed in several ways:
- Insufficient Evidence
If the evidence does not clearly show willful disregard for safety, your attorney may challenge the sufficiency and file a motion to dismiss. - Diversion or Conditional Dismissal Agreements
Prosecutors in Harris County may agree to dismiss a reckless driving case if certain conditions are met. These may include:- Completion of a driver safety course
- Community service
- Proof of no further traffic violations within a set period
- Negotiated Dismissals Based on Mitigating Factors
For first-time offenders or drivers with a clean record, your attorney may be able to negotiate a dismissal based on your background, especially if you show proactive steps like attending a driving course before court.
Each case is different, and your defense strategy will depend on the facts, the arresting officer, and which court your case is in.
Clearing Your Record Through Expunction
If your reckless driving case is dismissed or you are acquitted at trial, you may be eligible for an expunction under Texas law. An expunction allows you to:
- Legally deny the arrest ever happened in most situations (job, housing, school applications);
- Destroy all public records of the arrest and court proceedings;
- Prevent the case from appearing on criminal background checks.
However, it’s important to understand that a conviction or probation will make you ineligible for an expunction. That’s why the primary goal in every reckless driving case should be dismissal or acquittal.
For more on clearing your record, visit our Expunction page.
Hire a Skilled Houston Reckless Driving Attorney
Successfully getting a reckless driving charge dismissed in Harris County takes experience, preparation, and negotiation. At Ceja Law Firm, we begin every case by aggressively reviewing the evidence and exploring all paths to dismissal. Our lead attorney, Jose Ceja, is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has helped many clients avoid the long-term consequences of a reckless driving conviction.
If you’ve been charged with reckless driving in Houston or the surrounding area, contact us today for a free consultation.
