Traffic Violations

Houston Traffic Ticket Defense Lawyer

OUR LEGAL FEES START AT $50 Per Violation. 

If you have received a speeding ticket, or been cited for another traffic violation, you may be questioning whether it is worthwhile to bother fighting the charges. Sometimes it seems easier to simply pay the fines and move on with life. The fact is though, under the Texas point system, a conviction for a traffic ticket can cost you plenty - and these charges are frequently worth fighting.

When you are considering your options, come to The Hurd Law Firm in Houston, Texas. We provide free consultations for traffic violation cases - to ensure that you fully understand the value of fighting your traffic ticket and keeping your driving record clear.

Contact us today to discuss your legal concerns with an experienced defense lawyer. We defend against all types of traffic violations, including:

Simple Traffic Tickets Can Have Long-Lasting Consequences

A speeding ticket with a reckless driving charge could lead to a two-year license suspension if you receive a second traffic offense within six months. To avoid this possibility, you must avoid the conviction for reckless driving - which means you must fight these allegations. Even basic traffic tickets may result in a significant increase in your car insurance rates. Simply paying a fine may seem like the easier option, but it is rarely in your best interest to do so.

Extensive Experience Handling A Wide Range of Criminal Matters

For multiple years, we have been providing skilled representation for a wide range of criminal offenses. Whether you are facing a simple speeding ticket or you want to appeal a conviction for drunk driving, we have the experience to effectively represent you.

Contact Our Offices for Your Free Consultation Today

Still debating whether or not you want to fight the traffic ticket? Contact us today to discuss your options with an experienced lawyer. During your free consultation, we can provide you with more specific information regarding your personal circumstances and your potential future consequences. Call us at 888-LAW-0546 begin_of_the_skype_highlighting              888-LAW-0546      end_of_the_skype_highlighting (888-529-0546) begin_of_the_skype_highlighting              888-529-0546      end_of_the_skype_highlighting. We are available 24 hours a day, 7 days a week.

The Hurd Law Firm represents clients charged with federal, state, and municipal crimes in the state of Texas.

Texas Now Has the Points System

All New Taxes Based on Your Driving Record!!!

The Texas Transportation Code has a new Chapter following the 2003 Legislature in Austin.  Chapter 708 of the Transportation Code is titled the "Driver Responsibility Program."  You and your family will all notice these new taxes based on your driving record in the coming years.  The Legislature refers to these new TAXES as SURCHARGES.  The State of Texas began keeping track of points for all convictions after September 1, 2003.

CHAPTER 708, SUBCHAPTER B.  SEC. 708.052.

ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS.

(a)   The driver's license of a person accumulates a point under this subchapter as of the date the department records a conviction of the person under Section 521.042 or other applicable law.

(b)   For each conviction arising out of a separate transaction, the department shall assign points to a person's license as follows:

(1) two points for a moving violation of the traffic law of this state or another state that is not described by Subdivision (2); and

(2) three points for a moving violation of the traffic law of this state, another state, or a political subdivision of this or another state that resulted in an accident.

SEC. 708.053. ANNUAL SURCHARGE FOR POINTS.

Each year, the department shall assess a surcharge on the license of a person who has accumulated six or more points under this subchapter during the preceding 36-month period.

SEC. 708.054. SURGHARGE. The amount of a surcharge under this chapter is $100 for the first six points and $25 for each additional point.

And the surcharge is paid each year for three years!!!  And if you dont pay the surcharge, the Department of Public Safety will automatically suspend your drivers license.

Also Note:  If you receive a single conviction of Driving While License Suspended or No Financial Responsibility (i.e. No Auto Liability Insurance), points dont matter; you owe a surcharge of $250 per year for three years.  Driving with No Valid Operators License (No TDL) will also result in a surcharge of $100 per year for three years.

Deferred Disposition vs. Deferred Adjudication in Texas

There’s a lot of confusion about the terms “deferred disposition” and “deferred adjudication” in Texas.

Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, I could find you guilty, but I’m not going to. I’m going to place you on probation, and if you jump through the hoops of probation, at the end of the case you will never be found guilty of the charge.”

To defer – to put off, or postpone. To adjudicate – in the criminal context it means to find you guilty. So when the judge places a defendant on deferred adjudication, he is postponing finding the person guilty, and will never find them guilty, if they successfully complete the terms of probation.

In Texas, that means a real, formal probation with a monthly visit to a probation officer, minimum community service hours, urinalysis for drugs and alcohol, fines, court costs and $62 per month probation fees.

Again, the major distinction here is that this is only for Class B and Class A misdemeanors, and felony charges in Texas. It’s not for Class C, that is, traffic ticket level offenses.

Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.

Deferred disposition is only for Class C charges, and is not a formal reporting probation. The theory is the same – that is, if you pay a (smaller) fine, usually take a class, and stay out of trouble, at the end of the deferral period you are not convicted of the offense. 

There is no probation officer, or monthly meeting. I suppose you could say that you are on your own probation, but that’s it. Some clerk will pull your file at the end of the term, check to see that monies are paid, certificates for classes are turned in, and run a criminal background check to see that you did indeed stay out of trouble. Then the case is dismissed.

For Class C Assaults, Theft, Public Intoxication, Minor in Possession and similar non-traffic offenses, this is the same as agreeing to take defensive driving, pay a small fine, and not pick up any more traffic tickets to get a speeding ticket dismissed.

In a successfully completed deferred disposition, you are specifically by statute entitled to seek an expunction, not just the less complete sealing of records.

Part of this confusion is perpetuated by Class C prosecutors, and even some Municipal Court judges, who continually refer to this process as “deferred adjudication”. In fact, the two are very different.  Defensive driving is one method of achieving deferred disposition with traffic violations.

DSC/DEFENSIVE DRIVING Eligibility:

You are not eligible to take DSC/MOTC if:

• You hold a Commercial Drivers License (CDL);
• You have taken a Court-ordered DSC for another ticket within one year from the date of this citation;
• You are charged with:
• 95 miles per hour or more;
• Speeding 25 miles per hour or more over the posted speed limit;
• Passing a school bus;
• Committing a serious traffic violation;
• Failing to stop and provide information or render aid after an accident;
• Committing an offense in a construction zone when workers are present;
• You do not have a valid Texas Drivers License**

** (MILITARY EXEMPTION: Active military, their spouses and dependents).

Mandatory DSC/MOTC:

You must check the eligibility criteria above to see if you are qualified for Mandatory DSC. You must wait at least ten (10) days after you are issued the citation to request DSC/MOTC. You must apply for Mandatory DSC/MOTC on or before your scheduled court date at any Court location or by mail.

Mandatory DSC/MOTC fees:

• Moving Violation: $110.10
• School Zone Moving Violation:  $135.10

Discretionary DSC/MOTC:

You may request discretionary DSC/MOTC if:

• You failed to request the mandatory DSC/MOTC on or before your arraignment date;  -or-
• You have taken a mandatory DSC/MOTC within one year from the date of this citation

Discretionary DSC/MOTC fees:

• Moving Violation: $150.10
• School Zone Moving Violation:  $175.10