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: Reckless Driving: Tex. Transp. Code §545.401 — Class B; Police force civil standard: Graham v. Connor — Fourth Amendment objective reasonableness; Police force criminal standard: §9.51 + Garner / §9.32 etc..
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
- Reckless Driving: Tex. Transp. Code §545.401 — Class B
- Police force civil standard: Graham v. Connor — Fourth Amendment objective reasonableness
- Police force criminal standard: §9.51 + Garner / §9.32 etc.
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.
Practice 1 question on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
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