Transportation Code · §545.401

Reckless Driving

Drives a vehicle with willful or wanton disregard for the safety of persons or property. Special punishment range: up to $200 fine and/or up to 30 days county jail.

To prove this offense, the State must establish each of the following elements: Willful or wanton disregard for safety of persons or property; Class B misdemeanor (special punishment range); Up to $200 fine and/or 30 days county jail.

The base classification is Class B misdemeanor (special punishment), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Willful or wanton disregard for safety of persons or property
  • Class B misdemeanor (special punishment range)
  • Up to $200 fine and/or 30 days county jail
Texas Law — Charge Details
Class B Misdemeanor
Offense
Reckless Driving
Statute
Tex. Transp. Code §545.401
Classification
Class B misdemeanor (special punishment)

Drives a vehicle with willful or wanton disregard for the safety of persons or property. Special punishment range: up to $200 fine and/or up to 30 days county jail.

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Worked examples

Worked example 1

Reckless Driving under §545.401 occurs when a person drives a vehicle:

  1. Above 80 MPH anywhere
  2. With willful or wanton disregard for the safety of persons or property Correct
  3. Without insurance
  4. While texting
Why: Reckless Driving requires willful or wanton disregard for the safety of persons or property. Class B misdemeanor — punishable by a fine up to $200 and/or up to 30 days county jail.
Statute: Tex. Transp. Code §545.401

Statutory definitions for this topic

Reckless driving Tex. Transp. Code §545.401
Driving a vehicle with willful or wanton disregard for the safety of persons or property. Class B misdemeanor (special punishment range): up to $200 fine and/or 30 days county jail.