Reckless driving in Texas involves operating a vehicle with willful disregard for safety. This serious traffic violation can result in fines and potential jail time.
What Texas Transportation Code § 545.401 Says
Definition of Reckless Driving
The law defines reckless driving as driving a vehicle "in willful or wanton disregard for the safety of persons or property." This broad definition gives law enforcement discretion to determine what constitutes reckless behavior.
Penalties
Reckless driving in Texas is classified as a misdemeanor, and unlike some other states, Texas does not upgrade the charge to a felony even when aggravating factors are present. Penalties typically include a fine up to $200, jail time not exceeding 30 days, or both. These penalties apply regardless of whether an accident occurred.
Where the Law Applies
The statute extends beyond public roadways. It covers private access ways and parking areas provided for business clients or patrons. This includes most commercial properties but excludes private residential properties and paid parking facilities.
The law also applies to highway workers and their equipment while working on road surfaces, despite exemptions that might otherwise apply to such workers under other traffic laws.
The Full Texas Statute: § 545.401
SUBCHAPTER I. MISCELLANEOUS RULES
Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by: (1) a fine not to exceed $200; (2) confinement in county jail for not more than 30 days; or (3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to: (1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and (2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Get Legal Help
ConsumerShield connects individuals facing reckless driving charges with qualified criminal defense attorneys across Texas. Our free matching service maintains partnerships with highly-rated law firms that specialize in traffic violations and criminal defense. We provide ongoing support throughout your legal journey.
Note: This content was generated with AI and edited and fact-checked by ConsumerShield editors.
