Managing Attorney
Reckless driving is a serious charge in Texas that can carry lasting consequences. Many people are surprised to learn that reckless driving is not just a traffic ticket — it is a criminal offense under Section 545.401 of the Texas Transportation Code. If you’ve been arrested or cited for reckless driving in Houston, it’s important to understand what you’re facing and what steps come next.
What Is Reckless Driving in Texas?
Under Texas law, reckless driving occurs when a person operates a vehicle “with willful or wanton disregard for the safety of persons or property.” This broad language allows law enforcement officers to apply the charge in a variety of situations, including:
- Excessive speeding
- Aggressive lane changes or weaving
- Racing on a public road
- Evading law enforcement in a vehicle (can also be charged as evading arrest)
- Driving behavior that shows disregard for traffic laws or road safety
Although the Texas Transportation Code does not assign a specific speed that qualifies as “reckless,” officers often apply this charge when they believe a driver’s actions are dangerous, intentional, or highly irresponsible.
Is Reckless Driving a Misdemeanor?
Yes — reckless driving is typically charged as a Class B misdemeanor in Texas. That means a conviction can lead to:
- Up to 180 days in jail
- A fine of up to $2,000
- A permanent criminal record
- Potential driver’s license consequences
- Higher insurance premiums
A conviction can also disqualify you from certain jobs and may affect future legal matters if you’re charged with another offense.
Step-by-Step: What Happens After a Reckless Driving Arrest in Houston
Step 1: The Traffic Stop or Arrest
Almost all reckless driving cases begin with a traffic stop. If an officer believes your behavior rises to the level of “reckless,” they may issue a citation with a court date, or arrest you on the spot — especially if you refused to stop or endangered others.
Step 2: Release from Custody or Citation Appearance
If you were arrested, you may be taken to the Harris County Jail or a local facility and held until you post bond or are released on personal recognizance. If you were only cited, you’ll receive a summons with a mandatory court appearance.
Step 3: First Court Appearance (Arraignment)
Your first court date will typically be at a county criminal court at 1201 Franklin St in Downtown Houston. At this hearing, the judge will:
- Read the charges
- Set bond conditions
- Evaluate whether there is a legal basis to go forward with your charge
It is a good idea to have legal representation at your first hearing, although nothing bad will happen if you do not hire counsel right away.
Step 4: Pre-Trial Process
During the pre-trial phase, your attorney will:
- Review the evidence, including officer reports and dashcam footage
- Investigate potential legal defenses (e.g., your driving did not meet the legal standard for “reckless”)
- Negotiate with prosecutors to seek dismissal, reduction to a traffic offense, or entry into a pre-trial diversion program
In some cases, the goal may be to avoid a conviction altogether — especially if you’re eligible for a dismissal based on weak evidence or a lack of prior criminal history.
Step 5: Trial or Negotiated Resolution
If the case is not resolved through dismissal or plea agreement, you may proceed to trial. A bench trial or jury trial will determine whether the State has met its burden beyond a reasonable doubt. However, many reckless driving cases are resolved without trial.
Step 6: Expunction or Record Sealing (If Eligible)
If your case is dismissed or you are found not guilty, you may be eligible for an expunction to clear your record.
If you receive deferred adjudication and successfully complete probation, you may be able to pursue a non-disclosure (record sealing), depending on your criminal history.
Arrested for Reckless Driving in Houston? Ceja Law Firm Can Help.
Attorney Jose Ceja is Board-Certified in Criminal Law by the Texas Board of Legal Specialization and has successfully handled countless misdemeanor and traffic-related charges throughout the Houston area. He has extensive experience analyzing police reports, challenging traffic stops, and negotiating favorable outcomes for clients facing reckless driving allegations.
If you were arrested in Houston, Pasadena, Baytown, or anywhere in Harris County, don’t take a reckless driving charge lightly. Call Ceja Law Firm for a free consultation.
