If it’s alleged that you were driving at an excessively high rate of speed, you can be charged with reckless driving.  Likewise, if it’s charged that you were weaving in and out of traffic in a dangerous manner, you can also be arrested for reckless driving.  The Texas statute that speaks to reckless driving encompasses a wide array of conduct.  You can be charged with reckless driving, if you drive “in wilful or wanton disregard for the safety of persons or property.” Reckless driving is a Class B misdemeanor, punishable by up to 30 days in the county jail, and a fine of up to $200. Texas Transportation Code Section 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.

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