August 21, 2020, 12:06
ajcondieReckless Driving
545.401 Trans. Code. Hybrid misdemeanor of sorts. $200 fine and up to 30 days in jail. Can it be enhanced and if so to what> An A or a B?
I would think that it could be enhanced under 12.43(b) to 30-180 days and/or fine of up to $2000.
12.41 would treat the Reckless as a Class B for enhancement purposes.
You may want to read Kirven v. State, 10-15-00359-CR, 2015 WL 9256892 (Tex. App.—Waco Dec. 17, 2015, no pet.).
Kirven was using 12.42(d) to enhance and FSRA bodily injury which is another hybrid type punishment.
Hope it helps.