Traffic & Vehicle Code
Driving offenses, licensing, collisions, evading, and roadway regulations.Every charge below uses the same title, classification, fine, jail value, citation status, and legal description as the generated MDT SQL.
Traffic Charging Guide
- Negligent Driving is unsafe driving caused by a failure to use reasonable care.
- Reckless Driving requires conscious disregard of a substantial safety risk.
- Evading requires willful flight after a clear lawful stop signal and reasonable opportunity to comply.
- Reckless Evading replaces Evading during the same continuous pursuit when the driving itself becomes reckless or dangerous.
strike_weightis displayed as license/traffic points, not criminal strikes.
Quick Reference
§1 — Offroading
Infraction · Fine: $300 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 This law prohibits driving any motor vehicle (non-ATV/ORV) in the following areas unless they are on a designated public roadway (except emergency services and police patrols):Mount Chiliad Walking Trails
Paleto Forest
Mount Gordo Walking Trails
Paleto Bay Beach
Alamo Sea beach
Within 30 feet of any rail track
Lago Zancudo
Within 30 feet of any Oil Derrick
Within 50 feet of any airfield
Within 200 feet of the Bolingbroke State Penitentiary
Senora National Park
Exception: Law does not apply when the vehicle is on a paved or dirt road.
§21 — Vehicular Manslaughter
Class B Felony · Fine: $5,000 · Jail: 40 months · Cite & Release: No A person commits Vehicular Manslaughter when, without an intent to kill, they cause the death of another person through criminally negligent or reckless operation of a motor vehicle.Charging & stacking: A minor traffic mistake is insufficient. DWI, Reckless Driving, or Reckless Evading may be separately charged only when they are based on distinct statutory conduct and are not being used to punish the exact same element twice.
§131 — Driving Under the Influence of Narcotics
Class A Misdemeanor · Fine: $1,250 · Jail: 20 months · Cite & Release: No · License Points: 15 · Community Service: 20 tasks A person commits Driving Under the Influence of Narcotics when they operate or are in actual physical control of a motor vehicle while impaired by an unlawful drug, controlled substance, or medication to a degree that renders them incapable of safely operating the vehicle.Charging & stacking: Mere lawful possession or consumption of medication is insufficient without impairment.
§153 — Jaywalking
Infraction · Fine: $50 · Jail: 0 months · Cite & Release: Eligible A pedestrian commits Jaywalking when they cross a roadway outside a lawful crosswalk or intersection in a manner prohibited by posted traffic controls or that unreasonably interferes with the safe flow of traffic.Charging & stacking: Apply only where a lawful pedestrian crossing route is reasonably available and the conduct creates an actual traffic-safety concern.
§155 — Driving While Intoxicated (DWI)
Class A Misdemeanor · Fine: $1,250 · Jail: 20 months · Cite & Release: No · License Points: 15 · Community Service: 20 tasks A person commits Driving While Intoxicated (DWI) when they operate or are in actual physical control of a motor vehicle while impaired by alcohol, or with a blood-alcohol concentration of 0.08 or greater when a chemical test is lawfully obtained.Charging & stacking: Impairment may be established by observations, field evidence, admissions, or lawful chemical testing; BAC is not the sole method of proof.
§156 — Evading
Class A Misdemeanor · Fine: $1,000 · Jail: 20 months · Cite & Release: No · License Points: 10 · Community Service: 20 tasks A person commits Evading when, while operating a motor vehicle, vessel, aircraft, bicycle, or other conveyance, they willfully flee from or attempt to elude a peace officer after a clear lawful signal or order to stop and after having a reasonable opportunity to recognize and comply with that signal.Charging & stacking: Use Reckless Evading when the pursuit includes dangerous driving. Reckless Evading replaces Evading for the same uninterrupted pursuit.
§157 — Reckless Evading
Class C Felony · Fine: $3,000 · Jail: 35 months · Cite & Release: No · License Points: 20 A person commits Reckless Evading when, during an Evading offense, they operate a vehicle or other conveyance with conscious disregard for a substantial risk to persons or property, including dangerous speed, wrong-way travel, deliberate collisions, severe lane violations, or comparable conduct.Charging & stacking: This offense replaces Evading for the same continuous pursuit. Serious injury or death may support separate vehicular assault or homicide charges.
§158 — Failure to Yield to Emergency Vehicle
Infraction · Fine: $150 · Jail: 0 months · Cite & Release: Eligible · License Points: 4 A person commits Failure to Yield to an Emergency Vehicle when they fail to promptly slow, move aside, or stop as required after an emergency vehicle has activated audible or visual emergency signals, including emergency lights or sirens.This offense applies when the driver’s actions do not rise to the level of Evading, but still demonstrate a failure to comply with the duty to yield.
Reasonable opportunity clause (prevents bad stops):
The driver must be provided a reasonable opportunity to safely yield based on traffic, road, and environmental conditions.
Escalation clause (prevents stacking abuse):
Continued failure to yield after a reasonable opportunity may constitute Evading.
Charging & stacking: Continued willful flight after a clear stop signal should be charged as Evading rather than repeatedly stacking this infraction.
§159 — Failure to Obey Traffic Control Device
Infraction · Fine: $150 · Jail: 0 months · Cite & Release: Eligible · License Points: 3 A person commits Failure to Obey a Traffic Control Device when they fail to comply with any official traffic control device, including but not limited to stop signs, yield signs, traffic signals, lane control devices, or posted regulatory signs, while operating a motor vehicle.This offense applies regardless of intent and does not require proof of reckless or evasive conduct.
§160 — Unroadworthy Vehicle
Infraction · Fine: $250 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 Operating a motor vehicle not permitted for legal road use (e.g., dirt-bikes, tracked vehicles, golf carts, heavily damaged vehicles, or those without working lights/signals).§161 — Negligent Driving
Infraction · Fine: $250 · Jail: 0 months · Cite & Release: Eligible · License Points: 5 Driving behavior that endangers safety of others due to negligence.Charging & stacking: Negligent Driving requires a failure to use reasonable care creating a safety risk; use Reckless Driving only for conscious disregard of a substantial risk.
§162 — Reckless Driving
Class A Misdemeanor · Fine: $1,000 · Jail: 15 months · Cite & Release: No · License Points: 10 · Community Service: 20 tasks A person commits Reckless Driving when they operate a motor vehicle with conscious disregard for a substantial and unjustifiable risk to the safety of persons or property.Charging & stacking: Ordinary mistakes or momentary lane deviations are Negligent Driving or the applicable traffic infraction. Street racing and reckless evading should be charged under their more specific statutes.
§163 — Reckless Speeding
Class B Misdemeanor · Fine: $1,000 · Jail: 0 months · Cite & Release: Eligible · License Points: 10 · Community Service: 15 tasks A person commits Reckless Speeding when they operate a motor vehicle 40 miles per hour or more above the posted speed limit.Charging & stacking: This offense is cite-and-release eligible when no separate custodial offense, dangerous pursuit, crash, warrant, or other lawful basis requires arrest.
§164 — First Degree Speeding
Infraction · Fine: $500 · Jail: 0 months · Cite & Release: Eligible · License Points: 8 First Degree Speeding is tied to 26-39mph over the posted speed limit.§165 — Second Degree Speeding
Infraction · Fine: $300 · Jail: 0 months · Cite & Release: Eligible · License Points: 6 Second Degree Speeding is tied to 11-25mph over the posted speed limit.§166 — Third Degree Speeding
Infraction · Fine: $100 · Jail: 0 months · Cite & Release: Eligible · License Points: 4 Third Degree Speeding is tied to 1–10mph over the posted speed limit.§167 — Unlicensed Operation of Vehicle
Class C Misdemeanor · Fine: $350 · Jail: 0 months · Cite & Release: Eligible · License Points: 3 · Community Service: 10 tasks Operating a motor vehicle without proper licensing.Charging & stacking: Use Driving While License Suspended or Revoked when the person previously held a license that is currently suspended or revoked.
§168 — Failure to Present Driver’s License
Infraction · Fine: $100 · Jail: 0 months · Cite & Release: Eligible · License Points: 1 Failing to display a valid driver’s license upon request of an officer.§169 — Illegal U-Turn
Infraction · Fine: $100 · Jail: 0 months · Cite & Release: Eligible Turning on a roadway where markings or signage prohibit.§170 — Illegal Passing
Infraction · Fine: $150 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 Passing traffic illegally, unsafely, or against road markings.§171 — Failure to Maintain Lane
Infraction · Fine: $150 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 Crossing lane markings unsafely or driving outside lanes.§172 — Illegal Turn
Infraction · Fine: $100 · Jail: 0 months · Cite & Release: Eligible · License Points: 1 Turning from the wrong lane or where signs disallow.§173 — Unauthorized Parking
Infraction · Fine: $100 · Jail: 0 months · Cite & Release: Eligible Parking in no-parking zones, red curbs, or blocking traffic.§174 — Hit and Run
Class A Misdemeanor · Fine: $1,250 · Jail: 20 months · Cite & Release: No · License Points: 12 · Community Service: 20 tasks A driver commits Hit and Run when, after being involved in a collision causing property damage, they knowingly fail to stop as close as safely possible, identify themselves, and exchange information required by law.Charging & stacking: Use Hit and Run Resulting in Injury when another person is injured. Leaving temporarily to obtain emergency assistance is not an offense when the driver promptly reports the collision.
§175 — Driving Without Headlights or Signals
Infraction · Fine: $150 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 Driving at night or in poor visibility without headlights or signals.§176 — Motor Vehicle Contest (Street Racing)
Class A Misdemeanor · Fine: $1,500 · Jail: 20 months · Cite & Release: No · License Points: 12 · Community Service: 20 tasks A person commits Motor Vehicle Contest (Street Racing) when they knowingly participate as a driver in an agreed or coordinated speed, acceleration, endurance, or performance contest on a public roadway or other area open to public traffic without lawful authorization.Charging & stacking: Ordinary speeding alone is not street racing without evidence of a contest or coordinated competitive driving.
§178 — Illegal Vehicle Modifications
Infraction · Fine: $750 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 Operating a vehicle on public roads with modifications illegal for street use (e.g., Tier 4/5 engines, Tier 3/4 transmissions, NOS, bulletproof tires).§179 — Public Disturbance by Motor Vehicle
Infraction · Fine: $250 · Jail: 0 months · Cite & Release: Eligible · License Points: 2 Using a vehicle to cause a disturbance (excessive burnouts, revving, blasting music, improper horn use).§227 — Vehicular Assault
Class B Felony · Fine: $5,000 · Jail: 35 months · Cite & Release: No · License Points: 18 A person commits Vehicular Assault when, through reckless operation of a motor vehicle or operation while unlawfully impaired, they cause serious bodily injury to another person.Charging & stacking: Ordinary negligence is insufficient. DWI, Reckless Driving, or Reckless Evading may be separately charged only when they involve distinct statutory conduct not already fully consumed by the injury offense.
§228 — Hit and Run Resulting in Injury
Class C Felony · Fine: $3,000 · Jail: 30 months · Cite & Release: No · License Points: 15 A driver commits Hit and Run Resulting in Injury when, knowing or reasonably having reason to know they were involved in a collision that caused or likely caused bodily injury, they intentionally fail to stop, identify themselves, provide required information, and render or summon reasonable assistance.Charging & stacking: This offense replaces ordinary Hit and Run for the same collision.
§229 — Driving While License Suspended or Revoked
Class B Misdemeanor · Fine: $750 · Jail: 10 months · Cite & Release: Eligible · License Points: 6 A person commits Driving While License Suspended or Revoked when they knowingly operate a motor vehicle on a public roadway while their driving privilege is suspended or revoked.Charging & stacking: This offense requires actual or constructive notice of the suspension or revocation and is distinct from never having obtained a license.
Related Penal Code Resources
General Provisions
Review classification, sentencing, stacking, attempts, probation, parole, and charging rules.
Penal Code Overview
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