Published by Gordon Slade – San Antonio Traffic Violation Attorneys

Reckless Driving Charges in San Antonio – What You Need to Know

Reckless driving is a serious offense in San Antonio and across Texas, carrying significant legal and personal consequences. If you’re facing these charges, it’s crucial to understand what constitutes reckless driving, the penalties involved, and your legal options. This article will provide a clear overview of reckless driving charges in San Antonio and guide you on how to respond if you’re accused of this offense.

What Is Reckless Driving in Texas?

In Texas, reckless driving is defined under the Texas Penal Code § 545.401 as operating a motor vehicle “recklessly” by “driving a vehicle in willful or wanton disregard for the safety of persons or property.” Essentially, it involves behavior that shows a blatant disregard for safety, such as aggressive driving, speeding excessively, weaving in and out of traffic, or running red lights.

The Texas Department of Public Safety (DPS) regulations specify that reckless driving involves actions that a reasonable person would know pose a danger to others. Common examples include:

Excessive speeding (generally 15 mph or more over the speed limit)
Racing or street drifts
Ignoring traffic signals
Unsafe lane changes or weaving
Distracted driving that endangers others

Legal Consequences of Reckless Driving in San Antonio

Reckless driving is classified as a Class B misdemeanor in Texas, but it can escalate to a more severe charge under certain circumstances—such as causing injury or death. Here’s what you need to know about the penalties:

Fines: Up to $2000
License Suspension: The court may suspend your driver’s license. Increasingly, courts require a suspension of at least 60 days.
Jail Time: Up to 6 months in jail
Points on Your Record: Reckless driving adds points to your driving record, which can lead to higher insurance premiums and potential license suspension if you accumulate too many points.
Criminal Record: A conviction remains on your criminal record, which can impact employment opportunities, insurance rates, and more.

In cases where reckless driving results in injury, death, or occurs in a school zone, the charges can escalate to a felony, carrying even more severe penalties.

How DUI and Reckless Driving Are Related

Texas law often intersects reckless driving with intoxication offenses. If a driver is intoxicated and driving recklessly, they could face both DUI charges and reckless driving charges, compounding their legal troubles.

How to Fight or Defend Against Reckless Driving Charges in San Antonio

If accused of reckless driving, you have the right to contest the charges and mount a defense. Here are key steps and options:

1. Understand the Charge and Gather Evidence

Review the citation carefully: Note the specifics of the alleged reckless behavior, date, time, and location.
Collect evidence: Photos, videos, or traffic camera footage can demonstrate safe driving behavior or undermine the prosecution’s case.
Witness testimony: Passengers, other drivers, or pedestrians may provide supporting testimony.

2. Challenging the Evidence

Dispute the officer’s observations: If the arresting officer’s account is inaccurate or incomplete, challenge their observations.
Question the circumstances: Were there road conditions, weather issues, or obstructions that impacted your driving?

3. Legal Defenses

Common defenses include:

The driving was safe and within the law.
You were not the driver at the time.
The evidence is insufficient or inaccurate.
Emergency situations justified your driving behavior.

4. Attend Court and Present Your Case

Criminal charges like reckless driving require you to appear in court. Be respectful, dress neatly, and present your evidence clearly. Accepting a plea bargain is an option but consult with an attorney beforehand.

5. Consider Hiring a Criminal Defense Attorney

Given the seriousness of reckless driving charges, an experienced San Antonio traffic attorney can help evaluate your case, identify defenses, and negotiate plea deals or alternative sentencing pathways.

Additional Tips for Managing Reckless Driving Cases

Act Quickly: Respond promptly to tickets and court notices.
Avoid Pleading Guilty Without Legal Advice: A lawyer might negotiate lesser charges or penalties.
Attend Defensive Driving Courses: In some cases, completing a defensive driving course may reduce points or penalties.
Stay Informed: Laws and procedures can change, and legal representation ensures you have up-to-date guidance.

Final Thoughts

Reckless driving is not only a traffic violation but a criminal offense that can have lasting impacts on your record, insurance premiums, and personal freedom. If you’re facing reckless driving charges in San Antonio, understanding your rights, gathering evidence, and seeking legal assistance are essential steps toward protecting your future.

Remember, every case is unique. Consulting with a qualified criminal defense attorney experienced in Texas traffic laws can help you navigate the complexities