TEXAS STATE PENAL CODES
(TRAFFIC CRIMES)
This section outlines serious violations of traffic and roadway laws that endanger public safety. It includes offenses such as reckless driving, evading law enforcement, driving under the influence, vehicular assault, and hit-and-run incidents. These laws ensure accountability and promote safe, responsible operation of motor vehicles across the state.
Operating a motor vehicle in excess of the posted speed limit.
5–25 MPH over the limit: Infraction. Officer discretion applies for issuing warnings or points.
25–50 MPH over the limit: Misdemeanor.
35+ MPH over the limit: Constitutes Reckless Driving under Texas State traffic law.
50+ MPH over the limit: Misdemeanor. A court summons cannot be issued; the suspect must be booked.
Fine Range:
Infraction - $100 to $500
Misdemeanor - $750 to $2,000
Operating a motor vehicle at a speed significantly lower than the posted speed limit, thereby obstructing or delaying the normal flow of traffic.
Driving 10 MPH or more below the posted speed limit without reasonable cause.
Driver’s actions cause concern, hazard, or significant slowing of traffic flow.
Points and warnings are issued at the officer’s discretion.
Fine Range:
Infraction - $100 to $250
Operating a motor vehicle in excess of the posted 20 MPH limit within an active construction or maintenance zone.
Applies in addition to standard speeding charges.
Zone must be clearly marked with warning signs or barriers indicating construction activity.
Workers do not need to be present for the zone to be considered active if signage remains in place.
Fine Range:
Infraction - $200 to $1,500
Doubled if workers are present at the time of the offense.
Operating a motor vehicle while exceeding the 20 MPH within a designated school zone during posted school hours.
Applicable Times:
Elementary School: 7:30 A.M – 3:00 P.M
Middle School: 7:45 A.M – 3:45 P.M
High School: 8:35 A.M – 4:15 P.M
Normal posted speed limits resume outside of these hours unless otherwise posted.
Notes:
This offense is an additional charge to standard speeding violations.
School zone must be clearly marked with signage or flashing lights indicating reduced speed.
Doubled fines apply when children are present or during active school zone hours.
Fine Range:
Infraction(s) - $250 to $750, subject to officer discretion and aggravating factors.
A driver shall not suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
Description:
Unlawful rapid deceleration of a motor vehicle, commonly referred to as a “brake check.”
Applies when the driver reduces speed abruptly or without reasonable cause, creating a traffic hazard or risk of collision.
If the maneuver results in a collision, injury, or property damage, this offense shall be upgraded to Reckless Endangerment (§ 510.03).
Penalty Classification:
Infraction (I) No damage or injury caused.
Fine(s): $150 – $500
Operating a motor vehicle at a distance too close to another vehicle, not allowing adequate space for safe stopping or reaction to sudden changes in speed or traffic conditions.
Determining Safe Following Distance:
A safe distance varies by speed, weather, road conditions, and vehicle size. The general guideline is the Three-Second Rule, which means a driver should remain at least three seconds behind the vehicle ahead. This allows enough time to react and stop safely.
To calculate distance in feet, the following formula can be used:
There are 5,280 feet in one mile.
Multiply your speed (MPH) by 5,280 to determine feet per hour.
Divide that number by 60 (minutes per hour) to get feet per minute.
Divide again by 60 (seconds per minute) to get feet per second.
Multiply that result by 3 to determine a three-second safe following distance.
Example:
At 65 MPH:
(5,280 × 65) ÷ 60 ÷ 60 × 3 = 285 feet (recommended minimum distance).
Determining Safe Following Distance:
The appropriate following distance is determined case-by-case, taking into consideration the following factors:
Weather conditions (rain, fog, snow, or reduced visibility).
Vehicle size and weight (larger or heavier vehicles require more stopping distance).
Road conditions (wet, icy, or uneven surfaces).
Speed of travel (higher speeds increase stopping distance).
Driver visibility and reaction time.
Penalty:
Infraction: Fine(s) between $150 – $300.
If causes an accident: May be elevated to Reckless Driving (M) at officer discretion.
Failure to comply with the Texas State “Move Over” Law.
Drivers are required to reduce speed by at least 20 MPH below the posted limit and move to the farthest available lane from roadside emergency or service vehicles when it is safe to do so.
This law applies when approaching or passing law enforcement, fire, EMS, DOT, or other authorized emergency vehicles stopped on the roadside with visible lights or hazard indicators.
If the roadway has only one lane or moving over is unsafe, the driver must slow to a speed reasonable for the current conditions and proceed with caution.
Note: Since this law requires a driver to reduce speed by 20 MPH, a speeding charge may accompany this offense if the driver fails to slow down appropriately.
Penalty:
Misdemeanor: Fine(s) between $250 – $1,500 + Class A Misdemeanor Charge at officer discretion.
If violation results in injury or property damage: Elevates to Reckless Endangerment (F) at officer discretion.
Operating a motor vehicle without headlights during times or conditions where headlight use is legally required.
Drivers must activate headlights when visibility is less than 500 feet, including but not limited to fog, rain, snow, or other hazardous weather conditions.
Headlights are also required during nighttime hours and whenever windshield wipers are in continuous use.
Demerit Points: At the discretion of the citing officer.
Penalty:
Infraction: Fine(s) between $100 – $450.
Operating a motor vehicle with high-beam headlights activated in the presence of oncoming traffic or when following another vehicle within a close distance.
Drivers are required to dim high beams within 500 feet of oncoming vehicles and within 300 feet when approaching a vehicle from the rear.
Continued use of high beams in these conditions constitutes unsafe driving and impairs visibility for other motorists.
Demerit Points: At the discretion of the citing officer.
Penalty:
Infraction: Fine(s) between $100 – $550.
Operating a motor vehicle with headlights used improperly or in a manner inconsistent with safe driving regulations.
Includes driving with:
Headlights turned off during required times (nighttime or poor visibility).
High beams used unnecessarily when no oncoming traffic is present.
Colored or non-standard headlight bulbs that impair visibility or cause glare to others.
Drivers are required to use headlights in accordance with weather, lighting conditions, and road safety standards.
Demerit Points: At officer discretion.
Penalty:
Infraction: Fine(s) between $100 – $550.
Operating a motor vehicle while in possession of a driver’s license that is expired, suspended, revoked, or otherwise invalid.
Expired License: Charged as a Class B misdemeanor.
Suspended or Revoked License: Charged as a Class A felony.
Drivers must maintain a valid driver’s license at all times while operating a motor vehicle on public roadways.
Penalty:
Misdemeanor: Fine(s) between $250 – $500.
Felony: Fine(s) between $500 – $1,000 and/or up to 1 year incarceration (Class A Felony)
Operating a motor vehicle without having a valid driver’s license physically in possession at the time of the stop.
If the driver can later provide proof of a valid license, the offense remains an infraction.
If the driver cannot provide proof of a valid license, the charge is upgraded to a Class A Misdemeanor.
Penalty:
Infraction: Fine(s) between $100 – $250.
Misdemeanor: Fine(s) between $250 – $500 and/or Class A Misdemeanor.
Note:
Points are at the discretion of the officer.
Operating a motor vehicle without valid or active insurance coverage, or providing false or expired proof of insurance upon request.
Drivers found to be operating without valid insurance coverage are subject to vehicle impoundment until proof of insurance is provided.
Penalty:
Misdemeanor: Fine(s) between $300 – $750 and/or Class A Misdemeanor.
Vehicle impoundment until proof of insurance is verified.
Operating a motor vehicle without having valid insurance documentation in one’s possession.
This charge applies when the driver’s insurance is active and valid but cannot be presented at the time of the stop.
If the driver cannot provide proof of valid insurance and cannot verify a valid driver’s license, the charge may be elevated to a Class A Misdemeanor.
Penalty:
Infraction: Fine(s) between $100 – $250.
Misdemeanor: Fine(s) between $300 – $600 and/or Class A Misdemeanor.
Demerit Points may be applied at officer discretion.
Operating a motor vehicle that has not been properly registered with the State of Liberty.
Includes operation of any vehicle with expired, revoked, or missing registration.
Vehicles found to be unregistered or improperly registered are subject to impound until valid registration is obtained.
Penalty:
Misdemeanor: Fine(s) between $250 – $500 and/or Class A Misdemeanor.
Vehicle Impound: Mandatory until proof of registration is presented.
A person commits the offense of Evasion when they intentionally flee from a law enforcement officer who is lawfully attempting to detain, arrest, or stop them.
Includes both vehicle pursuits and on-foot pursuits where the individual:
Shows willful disregard for emergency lights and sirens, or
Speeds, runs, or drives recklessly to evade lawful detention or arrest.
Penalty:
Felony: Up to 5 years imprisonment (Class A Felony) and/or fine up to $10,000.
Demerit Points: Applied only for vehicle pursuits.
Vehicle: Subject to impound upon apprehension.
A person commits the infraction of Illegal Parking when they park a vehicle in a location or manner prohibited by law.
Includes but is not limited to:
Parking in a restricted or prohibited area.
Parking on a sidewalk, crosswalk, or blocking driveways.
Double parking when regular parking is available.
Parking in an Electric Vehicle Charging Station
Penalty:
Infraction: Fine(s) $250-$600
Vehicle: May be towed or impounded if obstructing traffic or public access.
Making an illegal u-turn in an area where u-turns are strictly prohibited.
Demerit points are up to officer discretion.
Fine(s) $250-$500
A person commits this infraction when they fail to maintain their vehicle within a single marked lane of travel on a roadway.
This includes instances where the driver crosses or drifts over solid white/yellow lane markings multiple times without signaling or justification such as avoiding an obstacle or emergency.
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits this infraction when they fail to properly yield or obey the established right-of-way rules as required by traffic control devices or roadway laws.
This includes, but is not limited to:
Failing to yield to oncoming traffic when turning.
Entering an intersection out of turn.
Demerit Points: At officer discretion.
Fine(s) $250-500
It is an infraction for any driver to fail to use a turn signal when turning, changing lanes, merging, or exiting a roadway. Proper signaling must be given at least 100 feet before making any maneuver.
Penalty:
Fine: Minimum $75-$250
Demerit Points: At officer’s discretion
A person commits this infraction when they fail to use the proper lane of travel as designated by roadway markings or traffic control devices.
This includes, but is not limited to:
Turning from a non-designated turn lane, or
Using an improper lane to go straight or make a turn.
Using an Emergency Lane
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits this infraction when they overtake or pass another vehicle in a no-passing zone, as indicated by double yellow lines or posted signage.
Such action constitutes a violation of lawful roadway markings intended to ensure traffic safety.
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits the infraction of Jaywalking when they cross a roadway at a location that is not a designated crosswalk or pedestrian crossing.
Includes but is not limited to:
Crossing against traffic signals.
Crossing mid-block where no crosswalk exists.
Penalty:
Infraction: Fine(s) up to $100.
Demerit Points: None, unless the action contributes to a traffic collision.
A person commits Hit and Run when they cause a motor vehicle accident resulting in property damage, injury, or death and leave the scene without providing information or rendering aid as required by law.
Includes but is not limited to:
Failing to stop at the scene of an accident.
Failing to provide driver’s license and insurance information.
Leaving injured persons without assistance.
Penalty:
Felony: If the accident results in injury or death. (Class of felony is assigned by District Attorney's Office
Misdemeanor: If the accident results in property damage only. (Class C Misdemeanor)
Vehicle may be impounded.
Criminal charges may be filed in addition to traffic violations.
A person commits Leaving the Scene of an Accident when they depart the scene of an accident they witnessed without providing assistance, giving a statement, or remaining available for law enforcement.
Does not apply if the person is a witness already on scene.
Penalty:
Misdemeanor: If the accident resulted in property damage only. (Class B Misdemeanor)
Felony: If the accident resulted in injury or death. (Class A Felony)
Note:
This differs from Hit and Run in that Hit and Run applies to drivers who caused the accident, whereas Leaving the Scene of an Accident applies to witnesses or bystanders who fail to remain at the scene or provide necessary information.
A person commits Reckless Driving when they operate a motor vehicle with a willful or wanton disregard for the safety of persons or property.
Examples include:
Committing three or more traffic violations in a single trip.
Driving more than 35 MPH over the posted speed limit.
Penalty:
Misdemeanor: For general reckless driving not resulting in serious injury.
Felony: If the reckless driving results in injury or death.
Note:
Officers may consider additional factors such as weather conditions, vehicle type, and traffic density when determining culpability.
A person commits Reckless Endangerment when they operate a motor vehicle recklessly in a manner that creates a substantial risk of injury or death to another person or persons.
Examples include:
Driving at excessive speeds in heavily populated areas.
Swerving or weaving through traffic in a manner that endangers others.
Performing stunts or unsafe maneuvers on public roads.
Penalty:
Misdemeanor: If no physical injury occurs. (Class C Misdemeanor)
Felony: If reckless operation results in serious injury or death. (Class of felony is assigned by District Attorney's Office
Note:
Consideration may be given to conditions such as weather, traffic, vehicle type, and visibility when assessing the charge.
A person commits an offense when they fail to comply with any traffic control device (Traffic Light)
Driving through a red light.
Demerit Points: Assessed at officer discretion.
Fine(s) $250-$600
A person commits an offense when they fail to come to a complete stop at a stop sign before entering an intersection or roadway.
Demerit Points: Assessed at officer discretion.
Fine(s) $250-$600
A person commits an offense when they fail to make a complete and deliberate stop at a stop sign before proceeding, including stopping for only a brief or partial moment.
Demerit Points: Assessed at officer discretion.
Fine(s) $250-$700
A person commits this infraction when they operate or travel as a passenger, whether in the front or rear seat, of a motor vehicle without wearing a properly fastened seatbelt as required by state safety regulations.
Children under the age of 8 or under 4 foot 9 inches are not permitted to ride in the front seat increased fine(s) if in violation.
All passengers must wear a seatbelt when vehicle is in motion children caught without a seat under the age of 8 will result in a increased fine(s) if in violation.
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits this infraction when they use a vehicle horn excessively or in a manner that constitutes a public annoyance, or sound the horn in situations where such use is unwarranted or unnecessary under traffic conditions.
Demerit Points: At officer discretion.
Fine(s) $350-$2,500
A person commits an offense when they engage in a race with another vehicle on any public roadway.
Misdemeanor (M): Standard street racing without endangering others. (Class C or B Felony)
Felony (F): Racing while evading law enforcement or endangering the safety of other persons or property. (Class B Felony)
Note: Any vehicle participating in a street race may be subject to impound.
A person commits an infraction when they operate a motor vehicle in a negligent or inattentive manner, failing to give full attention to the operation of the vehicle or roadway conditions.
Example: Using a cell phone or other handheld device while driving (“texting and driving”).
This offense may be upgraded to Reckless Driving if the driver commits three (3) or more traffic violations during the same incident.
Demerit Points: At officer discretion.
Fine(s) $100-$400
A person commits an infraction when they fail to yield the right-of-way to another motor vehicle as required by traffic laws or roadway signage.
This includes instances where a driver fails to allow a civilian vehicle to proceed safely when the other vehicle has the legal right-of-way.
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits this offense when they fail to yield the right-of-way to pedestrians lawfully within a marked or unmarked crosswalk, or when crossing an intersection where pedestrian movement is permitted.
Drivers must come to a complete stop and allow pedestrians to safely cross the roadway before proceeding.
This offense is elevated to a Class B Misdemeanor if the driver strikes or makes physical contact with the pedestrian as a result of failing to yield.
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits this offense when they fail to yield or move over for an authorized emergency vehicle that is displaying active emergency lighting and/or sirens.
Drivers must pull to the right and come to a complete stop, or move safely to another lane when possible, allowing the emergency vehicle to pass.
Infraction (I): Failure to yield without causing obstruction or delay.
Misdemeanor (M): If the driver’s failure to yield delays or obstructs the emergency vehicle’s response to an active emergency.
Felony (F): If the act is intentional or malicious, and the driver’s actions are meant to interfere with, delay, or prevent the emergency vehicle from reaching a serious or life-threatening emergency. (Charged as Obstruction of Justice)
Demerit Points: At officer discretion.
Fine(s) $350-$8000
A person commits this infraction when they enter or stop within an intersection without sufficient space on the opposite side to allow continuous passage, thereby obstructing the flow of traffic.
This includes instances where a driver proceeds through a green light but is unable to clear the intersection due to traffic congestion, blocking cross-traffic or pedestrian right-of-way.
Demerit Points: At officer discretion.
Fine(s) $250-$500
A person commits this infraction when they obstruct or block the normal flow of traffic on a public roadway, highway, or street.
This includes stopping, standing, or parking in a manner that impedes vehicle movement or creates unnecessary congestion without lawful reason.
Demerit Points: At officer discretion.
Fine(s) $250-$1,500
Note:
This differs from Obstruction of Intersection in that it applies to general roadway obstruction, not specifically to vehicles blocking an intersection or crossing. Obstruction of Traffic covers any part of the roadway, while Obstruction of Intersection only applies within intersection boundaries.
A person commits this infraction when they follow another civilian vehicle without lawful purpose, in a manner intended to harass, intimidate, or cause public disturbance.
Demerit Points: At officer discretion.
Fine(s) $250-S1,500
A person commits this offense when they follow an emergency vehicle without lawful purpose, doing so with intent to interfere, obstruct, or engage in mischief.
Charge is upgraded to a Class B or A misdemeanor if the act results in obstruction or delay of official emergency duties.
Demerit Points: At officer discretion.
Fine(s) $450-$2,500
