The most common Reckless Driving cases often involve excessive speeding, racing, or dangerous weaving through traffic. It's important to note that Reckless Driving does not require a certain speed, or certain actions. Instead, prosecutors must only prove that a person drove with a wilful or wanton disregard for the safety of persons or property.
Reckless Driving is a Hybrid Offense meaning it does not have the normal punishments. That may cause some people to believe they can just pay the fine and move on -- but that would be a bad decision! Reckless Driving is a Class B Misdemeanor, meaning on background checks it will show as the same level of seriousness as a first time DWI.
One of the best defenses is to show that care was taken while driving in the so-called reckless manner. Examples would be still using turn signals, braking appropriatly, and even stopping at red lights. One of the Reckless Driving cases Keates Law Firm got dimissed involved a person driving about 65 mph in a 35mph zone. The Patrol car video did show our client speeding, weaving, and in the prosecutor's words, "racing." But the video also showed the person using turn signals, slowing down as traffic increased in volume, and even came to two complete stops at redlights. Small facts like those can go a long way to getting a Reckless Driving case dismissed.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Reckless Driving cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
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Your goal should be Dismissal for any Reckless Driving charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
(a)A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
Reckless Driving is a hybrid offense, punishable as a Class B Misdmemeanor, but with a 30 day jail maximum (rather than the normal 180 day max).
|Level of Offense||Punishment|
|Class B Misdemeanor||Not more than 30 days in a county jail, and/or no more than $200 fines, or both.|
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