Traffic Violations Lawyer In Beaumont, TX
Some traffic charges are crimes, not tickets. They carry jail or prison, they are prosecuted like any other criminal case, and a few are felonies on a first offense. This page compares the charges, the penalty levels and how a case moves through Jefferson County.
What Are Criminal Traffic Offenses In Texas?
Criminal traffic offenses are driving-related crimes that carry jail or prison, unlike a fine-only ticket. They include reckless driving and racing under the Transportation Code, evading arrest under Penal Code § 38.04, and failure to stop after a collision under Transportation Code Chapter 550. Several are felonies from a first offense.
Source: Texas Transportation Code Chapter 545, Operation and Movement of Vehicles
Understanding Texas Law
Why Are Criminal Traffic Charges Not Tickets?
A speeding citation is a Class C misdemeanor punished by a fine alone. The offenses on these pages are different. Each can carry jail or prison, which means an arrest or a summons, a bond, and a case prosecuted by the Jefferson County Criminal District Attorney's Office or, for lower-level misdemeanors, prosecutors in Jefferson County.
They also leave a criminal record. A paid ticket shows on a driving record. A conviction for reckless driving, racing, evading or leaving a crash scene also shows on background checks.
The charges fall into three groups, each with its own statute:
- Dangerous driving: reckless driving and street racing
- Fleeing police: evading arrest, on foot or in a vehicle
- Leaving a crash: failure to stop and give information and failure to stop and render aid
Texas splits hit and run in two. One charge covers a collision that damaged only property. The other covers a collision where a person was hurt or killed.
Penalties And Consequences
What Are The Penalties For Criminal Traffic Offenses In Texas?
Three things set the level of a criminal traffic charge: the statute, the driver's record and whether anyone was hurt. These are statutory limits, not predictions for any one case.
Fine of up to $200.
A felony on a first offense.
- Reckless driving, Transp. Code § 545.401
- Misdemeanor. Up to 30 days in county jail and a fine up to $200.
- Street racing, § 545.420
- Class B misdemeanor on a first offense. Class A with a prior conviction or while intoxicated. State jail felony with two priors.
- Street racing with injury
- Third degree felony for bodily injury. Second degree felony for serious bodily injury or death.
- Evading arrest on foot, Penal Code § 38.04
- Class A misdemeanor. State jail felony with a prior evading conviction.
- Evading arrest in a vehicle
- Third degree felony.
- Failure to stop and give information
- Fine-only or Class B misdemeanor, depending on whether property damage reaches the $200 line.
- Failure to stop and render aid
- Up to five years for an injury, third degree felony for serious bodily injury, second degree felony for a death.
A racing charge becomes a felony once someone is hurt. The street racing with bodily injury page covers that step.
Real Questions
What Do People Ask About Criminal Traffic Charges In Texas?
Is reckless driving just a bad ticket?
Can one incident produce several charges?
Can a car be treated as a deadly weapon?
What happens to the car in a racing case?
Will a conviction show on a background check?
Possible Defenses
How Can Criminal Traffic Charges Be Defended?
Each charge has its own elements, so each raises its own defense questions. An attorney reviews the stop, the video, the driver's identity and what the state can prove about intent and knowledge. No result can be promised.
Constitutional questions include whether the stop itself was lawful.
Video often matters most in a traffic case.
Patrol and body camera recordings, dash video, traffic cameras and phone video can show how the driving looked. Vehicle data, crash reports and witness accounts get compared with the officer's written report.
A crash after a night of drinking can bring a DWI or an intoxication offense alongside a failure to stop count if the driver left. Each charge is decided on its own evidence.
The Stop
Was there a lawful reason to stop the vehicle?
Identity
Can the state prove who was driving?
Knowledge And Intent
Did the driver know of the officer or the collision, or mean to flee or race?
The Level Charged
Does the evidence support the felony level, the injury level or the damage figure alleged?
Causation
If someone was hurt, did the driving cause it?
The Vehicle
Was the car properly impounded or searched, and can it be released?
Local Process
How Does A Criminal Traffic Case Move Through Jefferson County?
Misdemeanors and felonies take different paths, and the court depends on the level of the charge.
Citation Or Arrest
The officer writes a citation or makes an arrest. Booking and bond follow if there is an arrest.
Charging
A misdemeanor proceeds on a complaint and information. A felony goes to a grand jury.
Discovery
The defense can obtain the state's evidence under Code of Criminal Procedure article 39.14.
Resolution
The case ends in dismissal, a plea or a trial.
- Where misdemeanors are filed
- one of the Jefferson County Courts at Law.
- Where felonies are heard
- After a grand jury indictment, in the district courts at the Jefferson County Courthouse on 1085 Pearl Street.
- Who prosecutes
- Felonies are handled by the Jefferson County Criminal District Attorney's Office. Misdemeanors are handled by prosecutors in Jefferson County.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- The county jail, run by the Jefferson County Sheriff's Office.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Criminal Traffic Charge?
These steps are general information, not advice for any one person.
Read The Citation
Find the offense, the court and the date.
Ask Before You Pay
Paying can be a plea. Learn the options first.
Write Down What Happened
Record the road, the other vehicles and what you saw.
Preserve Video And Data
Keep dash video, phone records and the vehicle as they are.
Check License Deadlines
A DWI arrest or a racing conviction has license consequences with deadlines.
Avoid Social Media
Do not post about the stop or the case.
Mitchell Law Firm offers a confidential conversation about a criminal traffic charge in Jefferson County. A call before the first court date leaves the most choices available.
Official Texas Sources
Read The Law Behind This Page
- Texas Transportation Code Chapter 545: Reckless driving and racing on a highway
- Texas Transportation Code Chapter 550: Duties after a collision, hit and run
- Texas Transportation Code Chapter 521: License suspension, including § 521.350
- Texas Penal Code Chapter 38: Evading arrest or detention
- Texas Penal Code Chapter 12: Misdemeanor and felony punishment
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Department of Public Safety: Driver license suspension and reinstatement
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Traffic Charges
Traffic Charges We Handle In Beaumont
Evading Arrest
Running from an officer on foot is a misdemeanor. Doing it in a vehicle is a felony.
Failure To Stop And Give Information
Leaving a collision that damaged a vehicle without exchanging information. A Class B misdemeanor once damage reaches $200.
Failure To Stop And Render Aid
Leaving a collision where someone was hurt or killed, graded by the worst injury.
Reckless Driving
Driving in wilful or wanton disregard for safety. A criminal charge that can bring an arrest, not a ticket paid by mail.
Street Racing
Racing on a highway under Transportation Code § 545.420. A Class B misdemeanor on its own, and a felony once someone is hurt.
Street Racing With Bodily Injury
When a race on a public road injures or kills someone, § 545.420 makes it a third or second degree felony.
Common Questions
Criminal Traffic Questions People In Beaumont Ask
Which traffic offenses can mean jail time in Beaumont, TX?
Reckless driving carries up to 30 days in county jail under Transportation Code § 545.401. Street racing starts as a Class B misdemeanor. Evading arrest in a vehicle is a third degree felony under Penal Code § 38.04. Leaving the scene of a crash that injured someone is a felony or jail-eligible offense at every level. Each is a criminal case rather than a ticket.
Where are criminal traffic cases heard in Jefferson County?
The level of the offense decides the court. Fine-only Class C offenses go to a justice or municipal court. Class B and Class A misdemeanors are filed in a County Court at Law. Felonies, such as evading arrest in a vehicle, go before a grand jury and then to a district court at the Jefferson County Courthouse in Beaumont.
Can a first traffic offense be a felony in Beaumont, TX?
Texas makes several driving offenses felonies with no prior record. Evading arrest in a vehicle is a third degree felony on a first offense. Street racing that causes bodily injury is a third degree felony, and a second degree felony with serious bodily injury or death. Failing to stop and render aid after a crash with a death is a second degree felony.
How do criminal traffic charges affect a license in Jefferson County?
The effect depends on the statute. A street racing conviction brings an automatic one year license suspension under Transportation Code § 521.350. A reckless driving conviction is reported to the Department of Public Safety and appears on the record insurers review. A DWI arrest opens a separate administrative license case, with a request due 15 days after the notice of suspension is received.
Is paying a criminal traffic citation the same as pleading in Beaumont, TX?
For a jailable offense, paying the citation is generally treated as a plea of guilty or no contest and can create a conviction on a criminal record. Before paying, it helps to learn whether the offense is a Class C ticket or a jailable misdemeanor, and what a conviction would mean for a license and insurance. An attorney can review the citation first.
Mitchell Law Firm, PLLC
A Criminal Traffic Charge Is A Criminal Case
It starts on the day of the arrest or the summons. Call or request a consultation to go over the charge and the record it could leave.
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