The Hurd Law Firm
ph: 888-LAW-0546 (888-529-0546)
fax: 832-413-5915
khurd
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:
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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.
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.
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.
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.
You are not eligible to take DSC/MOTC if:
** (MILITARY EXEMPTION: Active military, their spouses and dependents).
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:
You may request discretionary DSC/MOTC if:
Frequently Asked Questions(FAQs) | |||||||||||||||||||
ProgramsThe Driver Responsibility law (TRC Chapter 708) was enacted by the 78th legislative session (House Bill 3588) and establishes a system that assesses surcharges based on certain traffic offenses. DRP only applies to offenses that occurred on or after September 1, 2003. This program does not replace other administrative suspension, or revocation actions that result from these same convictions. The surcharges assessed for this program are in addition to other reinstatement fees required for other administrative actions. The two methods below detail how surcharges will be assessed. Points System Surcharges DPS will assess a surcharge when the driver accumulates a total of six (6) points or more on their driver record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point, in addition to any related services fees. Traffic offenses which result in points are designated in 37 TAC §15.89. Conviction Based Surcharges • Driving While Intoxicated, Intoxication Assault, and Intoxication Manslaughter Annual Assessment- Each year, on the anniversary date of the original notice DPS will review the driver history and determine if the driver still meets surcharge requirement criteria. If the record indicates that the individual’s record still reflects six or more points in the previous 36 months or if the conviction is still within the previous 36 month period, then the driver must pay the surcharge again. Annual assessment based on points will include additional charges ($25 per point) if more points have accrued since the first notice was mailed. Questions regarding payment options and status of payments made should be directed to MSB at: Hours of operation are: Compliance Payment of surcharge fees will be mailed to: If subject’s driver license has been revoked for failure to pay surcharge, once the payment including related collection fees are received by MSB, DPS will be notified via electronic means. Compliance will then update to the driver history within 5 to 7 business days. Installment Agreement MSB will allow individuals to enter installment agreement to comply with surcharge requirements. Depending on the amount owed, the individual may have between four months and two years to complete the payment plan. An additional $2.50 service fee will be charged per payment. If an individual defaults, the driving privileges will be revoked until the entire balance of the surcharge is paid. The individual will not be allowed to enter another I/A. Occupational License A driver who is revoked for failure to pay surcharges may not obtain an occupational license, as Texas Administrative Code requires payment of all required reinstatement fees prior to the issuance of an Occupational license. If the surcharges are paid, or an installment agreement is in force and the subject is suspended for a Non-DRP related issue, an Occupational license may be obtained. If subject is in an installment agreement and defaults, the Occupational License will be revoked. |
The Hurd Law Firm
ph: 888-LAW-0546 (888-529-0546)
fax: 832-413-5915
khurd