Most traffic violations in Texas result in a ticket and a fine. But some actions behind the wheel can lead to criminal charges, arrest, jail time, driver's license consequences, and a permanent criminal record.
Allegations such as reckless driving, fleeing or attempting to elude police, leaving the scene of a crash, or driving while your license is invalid can be significantly more serious than an ordinary traffic citation. The potential consequences depend on the specific charge, your driving and criminal history, whether anyone was injured, and other circumstances surrounding the incident.
If you've been arrested or charged with a serious traffic offense in Austin or Travis County, it's important to understand exactly what you're facing before deciding how to handle the case.
Austin Serious Traffic Offenses Lawyer
Michael & Associates Criminal Defense Attorneys represents people accused of serious traffic and driving-related crimes throughout Austin and Travis County.
Our experienced Austin criminal defense lawyers include Dan Dworin, a Board Certified Criminal Law specialist; James Fletcher, managing attorney of our Austin office and an ACS-CHAL Lawyer-Scientist; and Dax Garvin, a former law enforcement officer who now represents people accused of crimes. That combination of criminal defense, forensic science, and law enforcement experience can be particularly valuable in cases involving traffic stops, crash investigations, officer observations, body-camera footage, chemical testing, or disputed allegations about how a vehicle was being operated.
Contact Michael & Associates today for a free consultation about your case.
Serious Traffic Offenses in Austin
Texas law distinguishes between ordinary traffic violations and conduct that can result in criminal prosecution. Depending on what happened, a driver may face allegations involving:
- Reckless driving
- Wrong-way driving
- Fleeing or attempting to elude a police officer
- Leaving the scene of an accident
- Driving with an invalid license
- Racing on a highway
- Obstructing a highway or passageway
- Driving while intoxicated and other intoxication-related driving offenses
- Evading arrest or detention with a vehicle
The classification and possible punishment vary substantially from one offense to another. Some are misdemeanors, while allegations involving serious injuries, death, repeat offenses, or particular aggravating circumstances can potentially lead to felony charges.
A defense attorney can examine not only what an officer alleged, but also the evidence supporting the allegation. Depending on the case, that could include dash-camera and body-camera footage, traffic cameras, crash reports, vehicle data, witness statements, dispatch records, photographs, medical records, and chemical testing evidence.
Where are Serious Traffic Offenses Handled in Travis County?
Where your case is heard depends largely on the offense and how it is charged. Some lower-level traffic matters may be handled by a municipal court or Justice of the Peace court. The right court depends on the charge, where the alleged offense occurred, and which agency issued the citation or made the arrest.
Class A and Class B misdemeanor criminal cases are generally handled by the Travis County Criminal Courts at Law. Travis County has seven criminal County Courts at Law: Courts No. 3 through 9. Courts 3, 5, 6, 7, 8, and 9 generally handle Class A and Class B misdemeanor cases, while County Court at Law No. 4 is designated as the county's Family Violence Court.
Felony criminal cases are handled by the Travis County Criminal District Courts. Travis County currently has nine criminal district courts: the 147th, 167th, 299th, 331st, 390th, 403rd, 427th, 450th, and 460th. Both the Travis County Criminal Courts at Law and the Travis County Criminal District Courts are located at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street, in downtown Austin.
Leaving the Scene of an Accident in Texas
Texas imposes different duties on drivers after a collision depending on whether the crash involves injury, death, an occupied vehicle, or property damage. When a collision results or is reasonably likely to result in injury or death, Texas Transportation Code § 550.021 requires the driver to stop, determine whether someone requires aid, and remain at the scene while complying with other statutory duties.
Different provisions of Chapter 550 apply to collisions involving damage to an occupied vehicle or other property, so the potential charge and penalties depend on what was damaged and whether anyone was injured.
The potential criminal consequences depend heavily on what happened, including whether someone suffered bodily injury, serious bodily injury, or death.
Cases involving an alleged failure to stop can turn on questions such as whether the driver knew an accident occurred, whether the driver reasonably understood that someone may have been injured, what the driver did immediately afterward, and whether the prosecution can establish the elements required by the statute.
Because the potential charge can become extremely serious when someone is injured or killed, these cases should not be treated like ordinary traffic tickets.
Reckless Driving in Texas
Under Texas Transportation Code § 545.401, reckless driving occurs when a person drives a vehicle in willful or wanton disregard for the safety of persons or property.
Reckless driving is a misdemeanor punishable by:
- Up to 30 days in county jail
- A fine of up to $200
- Both jail and a fine
The statute applies on highways and other public places and, in certain circumstances, private access ways or parking areas provided to customers by businesses.
A reckless driving allegation can depend heavily on the officer's interpretation of how the vehicle was being driven. Speed, traffic conditions, road conditions, proximity to other vehicles or pedestrians, video evidence, and witness accounts may all become important.
Wrong-way driving can also lead to a reckless driving investigation, especially when the circumstances suggest the driver acted with willful or wanton disregard for others' safety. However, driving the wrong way does not automatically establish reckless driving. The surrounding circumstances and the evidence of how the vehicle was operated still matter.
Fleeing or Attempting to Elude a Police Officer
Texas Transportation Code § 545.421 makes it a criminal offense for a driver to willfully fail or refuse to stop, flee, or attempt to elude a pursuing police vehicle after receiving a visual or audible signal to stop.
The law also establishes requirements concerning the officer and police vehicle involved in the attempted stop. Generally, fleeing or attempting to elude under this statute is a Class B misdemeanor, although particular circumstances can affect how a case is charged.
It is also important to distinguish this offense from evading arrest or detention under Texas Penal Code § 38.04. Evading arrest involving a vehicle can carry substantially more serious consequences. Which statute applies depends on the facts and the allegations made by law enforcement.
Driving with an Invalid License
Under Texas Transportation Code § 521.457, a person can face a criminal charge for operating a motor vehicle while their driver's license or driving privilege is canceled, suspended, revoked, denied renewal, or otherwise invalid under circumstances covered by the statute.
The level of the offense depends on factors such as prior convictions, whether the driver lacked required insurance, and whether someone suffered serious bodily injury or died as a result of an accident.
A defense lawyer can review why the license was considered invalid, whether the driver received legally sufficient notice, the person's prior record, and whether the prosecution can establish the elements necessary for the particular level of offense charged.
Racing on a Highway in Texas
Under Texas Transportation Code § 545.420, it is illegal to participate in a race, vehicle speed competition, drag race, acceleration contest, or certain other competitive driving activities on a highway.
A racing charge does not require an organized street race or two vehicles starting side by side. Prosecutors may rely on evidence such as the speeds of the vehicles, whether vehicles were traveling side by side, acceleration patterns, officer observations, radar or lidar readings, dash-camera footage, witness statements, or other evidence suggesting the drivers were competing.
Racing on a highway is generally a Class B misdemeanor. However, the offense can be enhanced based on prior racing convictions and can become a felony when the conduct results in bodily injury, serious bodily injury, or death.
Because speed alone does not necessarily establish that two drivers were racing, the circumstances surrounding the stop can be particularly important. A defense attorney may examine how the officer determined the vehicles were competing, the accuracy and use of speed-measuring equipment, available video footage, the positions and movements of the vehicles, and statements attributed to the drivers or witnesses.
What Happened to the Texas Driver’s License Point System?
Texas no longer uses the former Driver Responsibility Program point and surcharge system.
The Texas Legislature repealed the Driver Responsibility Program effective September 1, 2019. As a result, DPS no longer assesses Driver Responsibility Program points for moving violations or imposes the old annual surcharges based on accumulated points or particular convictions.
However, that does not mean traffic convictions are irrelevant to your driver's license. Certain convictions and driving histories can still result in suspensions, disqualifications, reinstatement requirements, or other consequences under Texas law. Commercial driver's license holders may also face separate and potentially significant consequences from certain traffic convictions.
If your license has already been suspended or revoked, determining the reason for the suspension is an important first step in determining what must be done to restore your driving privileges.
Can a Serious Traffic Charge Affect Your Criminal Record?
Yes. A criminal traffic offense is different from an ordinary civil or fine-only traffic matter. If the allegation is prosecuted as a misdemeanor or felony, the arrest and court case can become part of your criminal history.
The ultimate effect on your record depends on how the case is resolved. A dismissal, acquittal, conviction, or other disposition can have very different consequences, including differences in whether you may eventually qualify for an expunction or order of nondisclosure.
This is one reason it can be important to evaluate the long-term consequences of a proposed plea agreement rather than focusing only on the immediate fine or sentence.
How Michael & Associates Can Defend a Serious Traffic Charge
The right defense strategy depends on the allegation and the evidence.
Our attorneys may investigate:
- Whether the officer had lawful grounds for the initial traffic stop
- Dash-camera and body-camera footage
- Whether the officer's account is consistent with available video
- Witness statements and 911 or dispatch records
- Crash-scene photographs and diagrams
- Accident reconstruction evidence
- Whether the prosecution can prove the required mental state
- Whether the driver knew an accident or injury occurred
- Driver's license and DPS records
- Whether law enforcement complied with statutory requirements
- Blood, breath, or other forensic evidence when intoxication is alleged
In some cases, the dispute centers on what actually happened on the road. In others, the critical question may be whether the prosecution can prove that the driver's actions were intentional, knowing, reckless, or willful as required by the particular statute.
Case Outcomes for Serious Traffic Offenses in Travis County
Fleeing the scene: Dismissed
The client was charged with fleeing the scene after a traffic collision. According to case notes, the client panicked after the crash but pulled over nearby rather than continuing to leave the area. James Fletcher represented the client in Travis County and submitted insurance documentation to the prosecutor. After approximately 10 months, the charge was dismissed.
Resisting/evading arrest: Dismissed
The client faced a resisting/evading arrest allegation stemming from a traffic stop on Ranch Road 620 in the Bee Cave area. The allegation was connected to a DWI charge arising from the same incident. James Fletcher represented the client while the defense addressed both cases. The resisting/evading charge and the related DWI were ultimately dismissed.
Racing: Dismissed
The client was accused of racing after police alleged that two vehicles were traveling side by side at 73 mph in a 45-mph zone. The racing case was prosecuted in Travis County Court at Law No. 3. The charge was ultimately dismissed.
Note: Past results do not guarantee or predict the outcome of any future case. Every case depends on its individual facts and circumstances.
Austin Serious Traffic Offenses Lawyer
A serious traffic charge can become much more than a driving problem. Depending on the allegation, you could face jail, fines, driver's license consequences, increased insurance costs, and a criminal record.
Michael & Associates Criminal Defense Attorneys represents people accused of serious traffic offenses in Austin, Sunset Valley, Rollingwood, West Lake Hills, Pflugerville, Lakeway, Lago Vista, and throughout Travis County and Williamson County.
Our attorneys can investigate the traffic stop or crash, preserve available evidence, determine which criminal and driver's license consequences may apply, and build a defense based on the specific facts of your case.
Contact Michael & Associates today for a free consultation.
