Use of Force & Arrest · §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.
The base classification is Class B misdemeanor (special punishment), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Willful or wanton disregard for safety of persons or property
- 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 (§545.401) is what level of offense, and how does it differ from the federal §1983 use-of-force standard?
- Same standard
- Reckless Driving is a Class B misdemeanor under Texas law (willful or wanton disregard for safety); the federal §1983 standard for police use of force is the Fourth Amendment objective-reasonableness standard from Graham v. Connor — different concepts Correct
- Both are felonies
- Both require intent
Why: These are unrelated standards. Reckless Driving is a moving violation. Police use-of-force is judged by Fourth Amendment objective reasonableness for civil §1983 actions, and by §9.51 / §9.32 / Garner for criminal liability.
Statute: Tex. Transp. Code §545.401; Graham v. Connor