Charged With Reckless Driving in Houston? Here’s What You Need to Know
Reckless driving is more than just a traffic ticket—it’s a criminal offense in Texas. A conviction can carry jail time, damage your driving record, increase your insurance premiums, and even impact your employment. Many people mistakenly believe reckless driving is a minor infraction, but the legal consequences can be serious. If you’ve been accused of reckless driving in Houston, it’s critical to understand your rights and options—and to act quickly.
At Ceja Law Firm, Houston criminal defense attorney Jose Ceja has successfully defended hundreds of clients facing misdemeanor and felony charges, including reckless driving. As a former prosecutor and Board-Certified Criminal Law Specialist by the Texas Board of Legal Specialization, Mr. Ceja brings unmatched experience and insight to every case. Whether your case involves excessive speeding, street racing, or an accident, Ceja Law Firm will investigate every detail and build the strongest possible defense.
What Is Reckless Driving in Texas?
Under Texas Transportation Code § 545.401, a person commits the offense of reckless driving if they operate a vehicle with willful or wanton disregard for the safety of persons or property. This law applies not only to highways but also to other areas accessible to the public, such as:
- Parking lots
- Business driveways
- Private roads open to public traffic
The key element of the charge is the mental state. It is not enough that a driver was simply negligent or inattentive—the prosecution must prove that the conduct was intentional or done with conscious disregard for danger.
Penalties for Reckless Driving
In Texas, reckless driving is classified as a Class B misdemeanor, carrying the following penalties:
- Up to 30 days in jail
- A fine of up to $200
- Potential driver’s license suspension
- Points on your driving record
- A permanent criminal conviction on your record
Although this is not a felony, the criminal nature of the charge means it can appear in background checks and have long-term consequences, especially for individuals with a commercial driver’s license (CDL) or those working in transportation, government, or education.
Common Scenarios That Lead to Reckless Driving Charges
Many reckless driving charges in Houston arise from routine traffic stops, but the facts can vary widely. Some of the most common fact patterns include:
- Excessive speeding well over the limit (e.g., 30+ mph)
- Swerving or weaving through traffic at high speeds
- Street racing or aggressive driving
- Tailgating or brake-checking
- Intentionally running red lights or stop signs
- Driving in a dangerous manner after consuming alcohol (even if under the legal limit)
It’s important to remember that what one officer considers “reckless” may not meet the legal standard, and your attorney can challenge the sufficiency of the evidence.
How We Defend Reckless Driving Cases
At Ceja Law Firm, every reckless driving case is analyzed for potential weaknesses and legal defenses. The goal is always to obtain a dismissal of a reckless driving charge. Common strategies include:
Challenging the Mental State Requirement
We focus on whether the driver truly acted with willful or wanton disregard. Many cases involve momentary distraction or ordinary negligence or traffic violations, which is not enough for a conviction.
Examining Officer Observations
We scrutinize dashcam and bodycam footage, police reports, and any witness testimony to determine whether the officer’s conclusions were justified—or exaggerated.
Cross-Examining Witnesses and Experts
If expert testimony is used to support the State’s theory (e.g., accident reconstruction or speed estimation), we may consult our own experts to challenge their conclusions.
Negotiating Reductions or Dismissals
In many cases, we can work toward a resolution that avoids a criminal conviction altogether, such as a reduced charge, deferred adjudication, or even a dismissal based on mitigating factors or insufficient evidence.
Consequences Beyond the Courtroom
A reckless driving conviction can have effects far beyond fines and jail time:
- Insurance premiums can spike due to the offense being considered high-risk.
- Employment may be jeopardized for commercial drivers, delivery workers, or anyone whose job involves driving.
- Professional licenses may be affected, especially in fields like healthcare, education, or law enforcement.
- Immigration consequences may arise for non-citizens, including possible issues with adjustment of status or deportability (consult an immigration attorney for guidance).
Frequently Asked Questions (FAQ)
Is reckless driving a criminal offense in Texas?
Yes. Unlike ordinary traffic tickets, reckless driving is a Class B misdemeanor. A conviction goes on your criminal record and can lead to jail time and other consequences.
What’s the difference between reckless driving and careless driving?
Texas law does not define “careless driving” as a separate offense. Reckless driving requires a much higher mental state—intentional or conscious disregard for safety.
What if I was only speeding?
Speeding alone is not always enough for a reckless driving charge. However, if it’s combined with other behaviors (weaving, tailgating, etc.), police may allege it rises to reckless driving. This can be challenged in court.
Can I be charged if I was on private property?
Yes, if the area is open to the public, such as a shopping center or apartment complex parking lot. The law does not apply to truly private residential property.
Is it possible to get my case dismissed?
Yes. With an experienced attorney, it’s often possible to challenge the sufficiency of the evidence or negotiate a favorable resolution. In many courts, reckless driving can be dismissed through defensive driving, community service, or deferred adjudication, depending on the facts.
Can reckless driving be expunged from my record?
If your case is dismissed or you are acquitted, you may be eligible for an expunction. Expunction allows you to completely remove the charge from your record. If you receive deferred adjudication, you may qualify for nondisclosure instead.
Will my driver’s license be suspended?
It’s possible but not automatic. A reckless driving conviction adds points to your license, which may eventually lead to suspension depending on your driving history.
Will this affect my insurance?
Most likely, yes. Reckless driving is considered a high-risk offense and often leads to higher premiums.
What’s the best thing to do after being charged?
Speak with a qualified criminal defense attorney as soon as possible. Do not plead guilty or agree to anything without legal advice. There may be strong grounds to fight your case.
Call Ceja Law Firm for a Free Consultation
If you’re facing a reckless driving charge in Houston or the surrounding area, don’t risk your record, license, or freedom. At Ceja Law Firm, we have the experience and determination to fight for the best outcome in your case. Call us today to schedule a free, confidential consultation.
