Reckless Driving

Reckless driving is the act of operating a vehicle with disregard for the safety of others on the road. Instead of being caught by law enforcement, many reckless driving behaviors are called in by other motorists in fear of their safety.

You could lose your driver’s license, receive points on your driving record and spend time behind bars. If you were arrested for reckless driving in Harris County, you probably have many questions that an experienced attorney at The Benken Law Firm could answer.

Defense Attorney for Reckless Driving in Harris County, TX

Reckless driving is not charged like other crimes. Prosecutors have the power to charge you with penalties that are more severe than what is listed under Texas law. Brian Benken will fight to ensure that you receive the best possible outcome for your situation.

With over 30 years of experience as a trial lawyer, Brian Benken is a trusted advocate in Harris County courts who know what it takes to be effective in the courtroom. Schedule a free case consultation with The Benken Law Firm today. Call (713) 223 - 4051.

The Benken Law Firm represents clients in all communities across Harris County and surrounding counties such as Hunters Creek Village, River Oaks, West University Place, Southside Place, Rice Military and many others.


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What is Considered Reckless Driving?

Reckless driving is one of the few traffic crimes in Texas that carries criminal penalties. The offense is broadly defined under section 545.401 of the Texas Transportation Code as the:

  • Driving of a vehicle in a willful or wanton disregard for the safety of people or property.

Many driving actions can be considered reckless driving by a police officer, but there are some that are more common than others. Some reckless driving behaviors include:

  • Operating a car at an excessive speed that can be considered dangerous
  • Driving under the influence of drugs or alcohol
  • Tailgating the vehicle in front of you
  • Distracted driving such as texting or messing with the radio
  • Failing to use a turn signal when changing lane
  • Racing with other vehicles
  • Evading law enforcement
  • Intentionally running a red light/ stop sign
  • Passing a stopped school bus

All of these actions can be threatening to the safety of those on the road, including your own and the individuals in your vehicle.


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How is Reckless Driving Charges in Texas?

Reckless driving is charged differently than other offenses in the states. Instead of it being classified as a Class A, Class B, or Class C misdemeanor, the offense is considered a “hybrid” offense.

Because the offense is considered a hybrid, prosecutors have the right to decide how the charge will be prosecuted. This means the prosecutor can charge you with a lesser or more severe punishment. Under section 545.401 of the Transportation Code, reckless driving could be punished by the following penalties:

  • A fine not to exceed $200
  • Up to 30 days in county jail
  • A combination of both jail time and fines

If you are considered a habitually reckless or negligent driver, you could have your license suspended under section 521.292 of the Texas Transportation Code. If you receive at least four moving traffic violations in a span of 12 months or seven within 24 months, you would be considered a habitual traffic offender.

Habitual traffic offender could have their license suspended for up to 90 days if they fail to request a suspension hearing or an administrative license revocation.


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Racing Laws in Texas

Racing is one of the many actions that are considered reckless driving. Under section 545.420 of the Texas Transportation Code, the following are forbidden:

  • Racing
  • Speed competitions or contest with other vehicles
  • Drag racing or acceleration contest
  • Testing the physical endurance of the operator of a vehicle.

If you are found guilty of racing you could be charged with a Class B misdemeanor. You could face up to 180 days in jail, a fine up to $2,000 or a combination of both. There are circumstances where charges could be elevated. Some of these circumstances include racing while intoxicated, previous convictions, individuals suffering bodily injury or death.


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Additional Resources for Reckless Driving in Houston, TX

Reckless Driving | Texas Transportation Code – Follow this link to learn more about reckless driving and racing in Texas. You can read the precise legal text of both offenses as well as an exhaustive list of all the aggravated factors for racing. The statute can be read on the Texas Constitution and Statues webpage.

Texas Driver Responsibility Program– If you receive too make points on their driving record or traffic violations are required to complete a driver responsibility program. You can learn more about those programs and how to complete them on the Texas Department of Public Safety website.


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Criminal Defense Lawyer for Reckless Driving in Houston, TX

If you are being investigated for reckless driving in Harris County, it’s imperative that you act now. Contact The Benken Law Firm today. Brian Benken is an experienced trial lawyer who knows what it takes to win a case or have it dismissed.

With over 15 years as a licensed private investigator, Brian Benken will shed light on the evidence that proves you’re innocent. Schedule a free consultation with The Benken Law Firm today at (713) 223 - 4051.

Brain Benken represents clients accused of reckless driving in every community across Harris County and surrounding counties. Some of these communities include but are not limited to, Midtown, Museum Park, Montrose, Hyde Park, Southampton and many others.


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