A brake check is not a necessary or safe reduction in speed. It is an abrupt and unreasonable impedance of traffic.
There is no statute in Texas specifically prohibiting brake checking. However, brake checking is a violation of the Minimum Speed Regulations. This is often the primary traffic violation used.
Texas Transportation Code § 545.063 – “Minimum Speed Regulations”
(a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(b) An operator on a roadway having more than one lane with traffic moving in the same direction may not drive in the left lane except when passing or preparing for a left turn. A person who is operating a vehicle that is not moving at the same speed as the other traffic on the roadway shall drive in the right lane.
Texas Transportation Code § 545.401 – “Reckless Driving”
Law enforcement considers brake checking a type of reckless driving – which is illegal. The illegal act of “brake checking” (suddenly and aggressively braking to intimidate a tailgater or cause a reaction) typically falls under the following statutes: This is a more serious charge that can be applied.
(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
Brake checking is the very definition of a “wilful or wanton disregard for safety.” It intentionally creates an extremely dangerous situation that can easily lead to a serious collision. If cited under this statute, the penalties are more severe.
Texas Penal Code § 22.05 – “Deadly Conduct”
In extreme cases, brake checking can rise to the level of a criminal offense.
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
If a driver brake checks someone at high speed, a prosecutor could argue they were recklessly placing the other driver in “imminent danger of serious bodily injury.” This is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine. If a weapon (like the vehicle itself) is used, it could potentially be elevated.
