Reckless Driving

Unlike other states, Texas does not define reckless driving offenses by a certain number of miles per hour that a motorist is over the posted speed limit. Instead, state law broadly defines reckless driving as an alleged offender driving a motor vehicle in willful or wanton disregard for the safety of persons or property.

In many cases, conduct constituting reckless driving is often at the discretion of the police officer who witnesses the alleged offense. While speeding can often be an element of an alleged reckless driving offense, convictions carry criminal penalties that traditional speeding tickets do not.

Attorney for Reckless Driving Arrests in Denton, TX

If you were charged with reckless driving anywhere in Denton County, it is in your best interest to exercise your right to remain silent until you have representation. Law Offices of Richard C. McConathy can fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties.

Denton criminal defense lawyers Richard McConathy and Brian Bolton represent clients accused of traffic crimes in Flower Mound, Highland Village, Lewisville, Little Elm, The Colony, Argyle, and many surrounding areas of Denton County. You can have them review your case and answer all of your legal questions when you call 940-222-8004 to take advantage of a free, confidential consultation.


Overview of Reckless Driving in Denton County


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Reckless Driving Charges in Texas

Under Texas Transportation Code § 545.401, an alleged offender commits the misdemeanor offense of reckless driving if he or she drives a vehicle in willful or wanton disregard for the safety of persons or property. The law applies to operation of a vehicle on all of the following:

  • 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
  • A highway or other public place.

The law also applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface. Willful usually implies an act that was intentional or deliberate, and wanton implies a reckless disregard for the consequences of one's behavior.

In many cases in Texas, reckless driving is based on an alleged offender committing more than one traffic violation. For example, a motorist who is speeding and runs a red light or fails to signal on a busy highway may be charged with reckless driving.


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Reckless Driving Penalties in Denton County

Reckless driving is a misdemeanor punishable by up to 30 days in jail and/or a fine of up to $200. In addition to these possible penalties, reckless driving convictions can also have serious consequences for the driving record of the alleged offender.

Motorists may have their driver’s licenses suspended if they are convicted of four or more moving traffic violations within a 12-month period, or seven or more moving traffic violations within a 24-month period. Additionally, some drivers may be assessed annual surcharges under the Driver Responsibility Program.

Under this system, points are assessed for traffic convictions and assigned to the driver records of alleged offenders for three years. Three points are assigned for convictions that results in a crash and two points are assigned for all other convictions.

Motorists with six or more points on their driver records are assessed a surcharge every year they maintain six or more points. The annual surcharges are $100 for the first six points on a driver record and $25 for each additional point.


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Texas Resources for Reckless Driving Offenses

Patrol | Denton County, Texas — Visit this website to learn more about the Denton County Sheriff’s Office Patrol Division, including its Traffic Unit. The Traffic Unit helps other law enforcement agencies across the county investigate accidents caused by possible reckless driving. You can view a chart showing the Patrol Division’s increased calls for service.

Denton County Sheriff's Office
127 N. Woodrow Lane
Denton, Texas 76205
(940) 349-1700

Highway Patrol Division | Texas Department of Public Safety (DPS) — The Texas Highway Patrol Division is responsible for general police traffic supervision, traffic, and criminal law enforcement on the rural highways of Texas. You can use this website to search for citations issued by the Texas Highway Patrol. On this website, you can also access various kinds of frequently requested information.


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Law Offices of Richard C. McConathy | Denton Reckless Driving Defense Lawyer

Have you been charged in Denton County will an alleged reckless driving offense? Do not plead guilty without first contacting Law Offices of Richard C. McConathy.

Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Denton who aggressively defend individuals in communities throughout Denton County, including Little Elm, Lewisville, Highland Village, Flower Mound, Argyle, The Colony, and many others. Call 940-222-8004 or complete an online contact form to have our lawyers provide an honest and thorough evaluation of your case during a free initial consultation.


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I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.

Leslie L. Denton County DWI

A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

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