Reckless Driving

A conviction for reckless driving and other moving violations can likewise affect your freedom, your driver’s license, your insurance, and your pocketbook. Reckless driving can be charged as the result of an automobile accident. Law enforcement officers sometimes charge the individual that appears to be at fault in a serious traffic accident with reckless driving even though their driving was not truly reckless. With a skillful advocate on your side this charge can often be reduced to a lesser included offense or dismissed.

Reckless driving can also be charged as a result of excessive speed (i.e., 81 m.p.h. or faster in a 65 mph zone or 20 mph faster than the speed limit in all other zones). In Texas reckless driving is considered a criminal offense. It is a class one misdemeanor which carries with it the possibility of up to one year in jail, loss of privilege to drive, and fines up to $2,500.00. As a practical matter most people convicted of reckless driving do not go to jail, however, some Judges begin to impose jail time at speeds of 90 m.p.h. or greater.

It is very important to hire a lawyer to represent you if you have been charged with reckless driving in Texas. A lawyer can help you avoid the potentially harsh consequences of a reckless driving conviction. In addition, as a practical matter, many Courts will not require the appearance of out of state defendants for a reckless driving ticket if they are represented by a lawyer and have given that attorney a copy of their driving record. 

Here are some important facts to know about reckless driving and racing charges:

• Criminal Offense:  Reckless driving and racing are both crimes in Texas.  They are called “gross-misdemeanors” and punishable from 0-365 days in jail and a fine of $0-$5000.

• License Suspension:  If convicted, both reckless driving and racing convictions lead to an automatic license suspension of 30 days.  This suspension will take place at a minimum of 45 days after sentencing.

• SR-22 Insurance:  If your license is suspended, you will need to have SR-22 insurance for 3 years.  This insurance is often much more expensive than your current insurance.

• Immigration: If you are not a United States citizen and are convicted of reckless driving, believe it or not, you could be deported from the United States.  For people who are not U.S. citizens, reckless driving offenses may have very serious immigration consequences.

What you may have thought was a simple speeding ticket might involve your liberty, ability to drive in this state and your home state, and your pocket book. If you are arrested for running a red light, failure to yield or another traffic violation that contributes to an auto accident, the legal and financial impacts can be severe.  Many of these negative results can be avoided or minimized if you seek competent legal counsel before you appear in court.  

Our knowledge of defenses, sentencing guidelines, and alternative sentencing options will be vital to obtaining the best outcome under the law and facts of your case. Attorney Danny Sheena can help:

• Advising you and keeping you updated at all times on your case status
• Arguing for lower bail
• Representing you at a DMV license revocation hearing to present evidence (depending on the facts) that your license should not be revoked
• Investigating your case and gathering evidence supporting your defenses
• Making court motions. These can include a motion to suppress the evidence, which if successful can result in your case being dismissed
• Evaluating all legal defenses available in your case. Depending on the facts, these can include mistakes and inaccuracies by the arresting officer, evidence that you were not driving, improper stop and arrest, and other defenses.
• Seeking reduction of charges (when available)
• Representing you at trial or in a plea bargain. In most misdemeanor cases, you will not have to come to court
• Presenting the best legal defenses for your case
• Seeking alternative sentencing, or the lowest sentence available. Alternative sentences (available in some cases) can include drug or alcohol rehabilitation programs, community service, and other sentences

If you or someone in your family has been arrested for reckless driving contact The Sheena Law Firm today about your case.