The right representation after a Texas traffic offense can help you know your options after a traffic violation. At the Law Offices of Richard C. McConathy, we step in before a simple ticket grows into a bigger problem.
Some charges carry more weight than they first appear to. A reckless driving citation, for example, is a criminal charge in Texas, not just a fine, and a conviction raises insurance costs for years afterward.
Call (972) 233-5700 or fill out the online contact form for a free consultation with the attorney handling the case. We answer your call 24/7.
Why Choose the Law Offices of Richard C. McConathy for Texas Traffic Offenses
The Law Offices of Richard C. McConathy has defended Texans in traffic and criminal courts since 2002. We have represented over 6,000 cases with 1,000 dismissals. That history covers everything from a first speeding ticket to a felony evasion charge.
Direct Access to Your Attorney
A person who calls the firm speaks with the attorney handling the case, not a call center. That attorney reviews the citation and the officer's report personally before any strategy gets set.
Richard C. McConathy has Decades of Texas Courtroom Experience
Richard C. McConathy holds over 35 years of courtroom experience. He sits behind every traffic case the firm takes on. That experience covers Justice of the Peace courts, municipal courts, and county courts across Texas.
Free Consultations Around the Clock
A free consultation is available any hour, since a traffic stop rarely happens at a convenient time. No fee gets discussed before the attorney hears the details of the charge.
Familiar with Courts Across Texas
Attorneys at the firm have appeared before Justice of the Peace and municipal courts throughout North Texas, from Dallas County to Denton County. That familiarity shapes how each case gets prepared. Call (972) 233-5700 or use the online contact form to get a clear read on the charge today.
What Kinds of Charges Fall Under Texas Traffic Law?
Texas traffic law covers everything from a simple speeding ticket to a criminal charge that carries jail time. The difference comes down to how the Texas Transportation Code and Penal Code classify the specific violation.
Most routine tickets qualify as Class C misdemeanors, punishable by a fine only. A smaller group of traffic charges cross into more serious territory, carrying real criminal consequences beyond a fine.
- Class C Traffic Tickets: Speeding, running a red light, and failure to signal generally carry a fine only, with no jail time attached.
- Reckless Driving: Transportation Code Section 545.401 makes reckless driving a Class B misdemeanor, punishable by up to 30 days in jail.
- Evading Arrest or Detention: Penal Code Section 38.04 makes fleeing police in a vehicle a state jail felony, far more serious than a standard ticket.
- Driving While License Invalid: Transportation Code Section 521.457 covers driving on a suspended license, with the charge level depending on the reason for the suspension.
These classifications decide which court hears a case and how much is actually at stake. A charge that looks like a routine ticket on paper sometimes carries a criminal record if it gets mishandled.
How Do Texas Courts Handle Different Traffic Charges?
Texas traffic charges move through different courts depending on how serious the violation is. The court assigned to a case signals how much is actually at stake for the driver.
| Charge Type | Court That Hears It | Classification | Potential Penalty |
|---|---|---|---|
| Routine moving violation (speeding, red light) | Justice of the Peace or Municipal Court | Class C misdemeanor | Fine only, generally up to $200 |
| Reckless driving | County Court or County Court at Law | Class B misdemeanor | Up to 30 days in jail, fine up to $200 |
| Driving with an invalid license (most cases) | County Court or County Court at Law | Class B or Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| Evading arrest or detention with a vehicle | District Court | State jail felony, or higher with injury or death | 180 days to 2 years, longer if injury or death results |
A charge that starts in a Justice of the Peace court stays limited in scope. A charge that lands in district court, like a felony evading arrest case, carries consequences far beyond a fine and a single court date.
Even a Class C ticket carries the right to a trial before a judge or jury in Texas under Code of Criminal Procedure Article 45.032.
A driver who disputes a citation can request a jury trial in Justice of the Peace or Municipal Court, and an unfavorable result there may be appealed to county court.
How Does a Texas Traffic Charge Affect a Driver's License?
A Texas traffic charge affects a driver's license even without a formal points system in place today. Texas repealed its old license surcharge program in 2019, but the Texas Department of Public Safety still tracks every conviction on a person's driving record.
Insurance companies pull conviction history directly, and a single reckless driving conviction raises premiums well beyond the cost of the original fine.
Texas law also gives the Department of Public Safety authority to suspend a license after a pattern of convictions under its habitual offender rules. A driver who racks up several convictions within a short period faces license action separate from any single case.
What Happens If a Texas Traffic Charge Goes Unresolved?
An unresolved Texas traffic charge does not simply disappear over time. Courts and the Department of Public Safety both have tools to enforce a response once a citation gets ignored.
- Arrest Warrant: Missing a scheduled court date on a traffic citation leads a judge to issue a warrant.
- License Renewal Hold: The Department of Public Safety may place a hold that blocks license renewal until the case gets resolved.
- Added Court Costs: An unresolved ticket accumulates additional fees the longer it sits unaddressed.
- Arrest at a Later Stop: A warrant from an old ticket may surface during an unrelated traffic stop, leading to an on-the-spot arrest.
Letting a ticket sit rarely makes the problem smaller. Addressing a charge early, even a minor one, tends to keep the available options open longer.
What Options Exist to Resolve a Texas Traffic Charge?
A Texas traffic charge resolves in more than one way, depending on the violation and the person's driving history. Courts across Texas offer several paths short of a straight conviction.
- Deferred Disposition: Under Code of Criminal Procedure Article 45.051, a court can dismiss a Class C charge after a set supervision period without a formal conviction.
- Driving Safety Course: Transportation Code Section 543.201 allows dismissal of certain violations once a driver completes an approved course, generally limited to once every 12 months.
- Negotiated Reduction: A prosecutor agrees to reduce a higher-level charge, such as reckless driving, to a lesser offense.
- Contested Hearing: A driver challenges the citation directly in court if the officer's evidence does not hold up.
Which option fits a specific case depends on the charge, the county, and whether the driver has prior convictions. A charge that looks fixed on the ticket itself has more room to move than people expect.
How Does a Texas Traffic Offenses Lawyer Build a Defense?
A Texas traffic offenses lawyer builds a defense by reviewing the citation, the officer's report, and any available evidence before deciding on a strategy. That review uncovers details a driver would never think to question on their own.
Radar calibration records, dashcam footage, and the officer's stated basis for the stop all factor into how a case gets handled. A charge built on a shaky traffic stop sometimes gets challenged before it ever reaches a full hearing.
From there, the attorney weighs whether a negotiated resolution or a contested hearing serves the driver better. That decision changes case by case, based on the charge, the court, and the driving record behind it.
What Rules Apply to Commercial Drivers Facing a Texas Traffic Charge?
Commercial driver's license holders face stricter rules than standard drivers after a Texas traffic charge. Texas generally does not allow a commercial driver to use deferred disposition or a driving safety course to keep a conviction off the record for a violation committed while driving a commercial vehicle.
Federal rules also define a list of serious violations that carry mandatory disqualification periods for CDL holders. Two serious violations within three years generally lead to a 60-day disqualification, and three within the same period generally lead to a 120-day disqualification.
A short list of examples shows how broad this category actually is. These violations look like an ordinary ticket to a standard driver, but they carry much heavier weight for someone driving under a commercial license.
- Excessive Speeding: Driving 15 miles per hour or more over the posted limit in a commercial vehicle.
- Reckless Driving: Operating a commercial vehicle in a manner that disregards the safety of others.
- Improper Lane Change: Making an erratic or unsafe lane change while driving a commercial vehicle.
- Following Too Closely: Tailgating another vehicle closely enough to remove any safe reaction time.
- Operating Without a Valid CDL: Driving a commercial vehicle without holding the required license or endorsement.
A CDL holder with a hazardous materials endorsement faces even stricter rules, since certain violations may lead to longer disqualification periods.
A commercial driver facing any of these charges risks a career, not just a fine, and the Law Offices of Richard C. McConathy has represented commercial drivers across Texas whose livelihoods depended on keeping a clean federal driving record.
What Happens When an Out-Of-State Driver Gets a Texas Traffic Ticket?
An out-of-state driver who gets a Texas traffic ticket still has to resolve it, even after leaving the state. Texas belongs to the Non-Resident Violator Compact, which shares citation information with most other member states.
Ignoring a Texas ticket from out of state catches up with a driver at home. Under the compact, a driver's home state may place a hold on license renewal until the Texas citation gets resolved.
Handling this by mail or through a local attorney generally works better than assuming distance solves the problem. Texas courts still expect a resolution regardless of where the driver lives, and an unresolved ticket may follow a driver back across state lines. The Law Offices of Richard C. McConathy also handles these details for drivers who live outside Texas and cannot always appear in person.
FAQ for Texas Traffic Offenses Lawyer
Do I Need a Texas Traffic Offenses Lawyer for a Simple Speeding Ticket?
No, but a lawyer becomes useful when insurance impact, or a commercial license are at stake.
Is Reckless Driving Treated as a Criminal Charge in Texas?
Yes. Reckless driving is a Class B misdemeanor in Texas, carrying potential jail time rather than a fine-only outcome like a routine ticket.
Can a Texas Traffic Charge Get Dismissed Before Trial?
Yes, in some cases. Deferred disposition, a driving safety course, or a negotiated reduction can resolve a charge without a formal conviction on the record.
Does a Commercial Driver Face Different Consequences for a Texas Traffic Ticket?
Yes, generally. Commercial driver's license holders often face stricter consequences and fewer dismissal options than standard license holders for the same violation.
What Should I Do If I Already Missed a Court Date on a Texas Ticket?
Address it quickly. A missed court date often triggers a warrant, and resolving it directly with the court or an attorney tends to prevent further complications.
Defend Your Driving Record With a Texas Traffic Offenses Lawyer
A traffic charge left alone rarely gets simpler with time, and the options available now may not stay available later. The Law Offices of Richard C. McConathy reviews the citation and the case details directly with the attorney handling it.
Call (972) 233-5700, fill out the online contact form, or visit the firm at 3710 Rawlins St Ste 1408, Dallas, TX 75219 for a free consultation.