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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90269
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How much over the speed limit is considered "reckless driving"

Customer Question

How much over the speed limit is considered "reckless driving" for a cld driver cited in a regular passenger car?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Under Texas law, reckless driving can be based on driving too fast for the road and traffic conditions at the time. Texas charges reckless driving for anyone who is doing 20 mph or more over the speed limit. It is a class I misdemeanor punishable by up to 1 year in jail and up to a $2500 fine. Also, in some counties the judges will impose jail time for anyone caught doing 90 mph or above.


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Customer: replied 2 years ago.
I need more information and be more specific than general. If I was not arrested or does NOT state on my citation reckless driving, than can I assume no reckless charges will be filed? Or do I have to wait until the citation is filed with the criminal lawyers and they will decide if reckless charges will be filed? If I posess a CDL drivers licence can I lose these licence if convicted of reckless driving? I make a living with my CDL drivers licence so I am concerned...please respond
Expert:  Law Educator, Esq. replied 2 years ago.
I am afraid I am confused by you saying "...or does not state on my citation reckless driving..." What exactly does your citation state, since I cannot see it for myself?
Customer: replied 2 years ago.
Under the Violation section the traffic officer wrote, "speeding", with no other offenses noted on the citation. So is it fair for me to ask if speeding is an offense where no other offenses will apply such as "reckless driving?
Expert:  Law Educator, Esq. replied 2 years ago.
If all you were charged with was speeding, then it is generally not a common practice of a prosecutor to change the charge to reckless, although they have the power to do so. In most all cases, if you were charged with speeding that will remain the only charge and you can go down to court and negotiate with the prosecutor and most times they will even reduce the miles over the limit which would reduce your fine as well.
Customer: replied 2 years ago.
I was radar'd at 83mph on a 65mph speed limit. That is 18 mph over the speed that limit I am charged with speeding. Your orginal response, "Texas charges reckless driving for anyone who is doing 20 mph or more over the speed limit", does this also apply to CDL licence?
Expert:  Law Educator, Esq. replied 2 years ago.
18 is less than 20 over and thus, it the prosecutor is not going to change the charge. It applies to a cdl or regular license and your charge of speeding would remain. It is likely that the prosecutor will negotiate with you to drop the speed to 5-10 over the limit which will reduce your fine.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90269
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
I really do hope your advice is on the mark. I cannot find out any information on this citation until 2 weeks of today because that is when it will be filed with municipal court. I cannot have this over my head for 2 weeks wondering if I will be unemployed because of this citation. I thank you for your advice and once again, I pray your advice is very, very accuate. I will accept your answer so you may be paid for your service..thank you...hank
Expert:  Law Educator, Esq. replied 2 years ago.
I am afraid that all you can do is wait for it to be sent to the court and then appear. The prosecutor does not have time to change charges on tickets the officers write, they would be there forever. If the officer wrote speeding, it will stay speeding. Thank you.

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