Traffic Ticket Defense-Sullolaw.com View RSS

The word “capias” means “that you take” in Latin, therefore a capias warrant is usually issued to compel someone to do take a specific action. Capias warrants are issued by civil courts, therefore they are apart from a criminal arrest warrant, however make no mistake—you can wind up in jail as a result of a Texas capias warrant. In some cases people who owe the court money based on a prior court judgment but neglected to pay could have a capias warrant issued for them, or someone who fails to appear for a civil hearing could end up with their name on a capias warrant. The ultimate goal of a capias warrant is to force someone to comply with a court order. Certain jurisdictions also use capias warrants in the case of persons who failed to pay their traffic citation or appear in court as promised, however this is generally after a plea has been entered while an alias warrant is used prior to a plea being entered.

How to Avoid a Capias Warrant
In order to avoid a capias warrant you must always comply with court orders, pay your fines promptly or appear in court as promised. There is a problem with simply paying your traffic fines, however. Once you pay your traffic fines, you receive a conviction on your driving record. Each conviction brings points along with it—generally two points for any moving violation such as speeding, driving with an expired registration or inspection sticker or running a stop light or stop sign. You will be given three points for any moving violation which resulted in an accident.

Should you accrue six points on your driving record within a three-year period, you will be subject to surcharges assessed by the State of Texas which can climb into the hundreds or even thousands of dollars and require you to pay the yearly fee for three years or more. The points on your driving record can result in escalating insurance rates or even a cancellation of your auto insurance altogether. You could also see employment repercussions as a result of the convictions and points on your record, so even though you want to avoid a warrant, pleading guilty or paying your tickets is not always the best way to accomplish that.

What to do if you are Under Threat of a Capias Warrant
If you find there is a capias warrant with your name on it, you will need to take care of the situation quickly in order to avoid an embarrassing arrest. You will need to post a traffic bond in order to take away the threat of an arrest, and this can be done through a bondsman, posting the bond at court on your own, or hiring an attorney to post the bond on your behalf. While you can post the bond yourself, there is always the possibility that the warrant for your arrest could be executed while you are waiting in line to post your bond. This is not particularly likely, but it could happen. It’s a much better choice to allow a Houston traffic ticket attorney to post a traffic bond on your behalf, removing the cloud over your head and allowing you to talk with your attorney and determine what to do next. No matter how you post your bond, it really is the best way to effectively quash a City of Houston warrant.

Why Hiring an Attorney May be the Most Cost-Effective Move You Can Make
It may seem like hiring an attorney to post your traffic bond and fight your ticket is a little bit of overkill or an unnecessary expense, in the long run it can be much more cost-effective than paying your tickets. A Houston traffic ticket attorney may be able to have your traffic ticket dismissed entirely, or could negotiate with the prosecutor to lessen the original charges. Either of these strategies will leave you with far fewer negative consequences than paying your ticket and receiving a conviction on your record. A Houston traffic ticket attorney will work hard on your behalf to ensure the best outcome and keep you from spending hundreds or thousands of dollars in the future. You don’t want to be paying surcharges to the state of Texas, higher insurance premiums, or suffer the loss of your job simply because of a relatively minor traffic ticket, so take the necessary steps now and allow your attorney to fight for your future.

Suppose you are unpleasantly surprised to find there is a City of Houston warrant for your arrest as a result of an unpaid traffic ticket or a failure to appear in court as promised. Of course your primary goal is to avoid an embarrassing arrest which could take place wherever the police happen to find you. Whether you are at work in front of your co-workers and boss, at home having dinner with your family or even on your way to pick up your children from school, the police could arrest you—handcuffs, a ride in the police car, the whole humiliating experience. While you can be arrested for an outstanding warrant at any time, most Houston traffic warrant arrests occur during a traffic stop. While this may be marginally less embarrassing, it can cause you all sorts of inconveniences and expense.

When to Post a Bond?
If you’ve forgotten to pay a ticket or appear in court and you have determined there is a warrant for your arrest, your first line of defense should be to post a bond to immediately remove the threat of arrest. Our legal system provides a pretty great way to get out from under warrants and the risk of arrest without first paying the fines and suffering through the consequences which result. This is easily accomplished in the form posting a bond. You can post your bond in person, have a bondsman post the bond for you or have your chosen attorney post the bond on your behalf. Having your Houston attorney post your bond can be the least risky method since you could theoretically be arrested as you wait in line at the courthouse to post your own bond. While not likely, it is possible, and it’s a good idea to avoid that possibility by letting your attorney post the bond for you.

What Posting a Bond Accomplishes?
Once you post a bond you are no longer subject to the City of Houston warrant and potential arrest, as the bond immediately suspends the warrant. Even better, posting a bond does not convict you of the underlying traffic tickets as paying the ticket does. When you pay a traffic ticket in Texas you have effectively pled guilty to whatever offense you were charged with. This means a conviction will go onto your driving record, and since each conviction adds points to your record, you could find yourself dealing with the aftermath of paying those tickets for years to come.

You could end up paying exorbitant surcharges to the state of Texas for three years or more, could see your insurance rates rise dramatically, could jeopardize your driver’s license, especially a CDL license, and could even lose your job if it is dependent upon your having a clean driving record. Having your attorney post a bond on your behalf allows you to receive a new court date to appear before the judge and fight your old traffic tickets. While the City of Houston wants you to believe that your traffic ticket is a debt you owe, in fact that is not the case. A traffic ticket simply alleges that you committed a specific criminal violation—if you refuse to plead guilty, then the prosecution has the burden to prove your guilt beyond a reasonable doubt.

Why Hire a Harris County Traffic Attorney?
Many people don’t see the need to hire an attorney for something as simple as a traffic citation. While the citation itself is relatively minor, it is nonetheless a criminal offense, meaning a criminal conviction should you plead guilty or be convicted by a judge. Even though the traffic ticket is minor, the far-reaching repercussions are not. Allowing an attorney to plead your case before the judge could result in reduced charges, or possibly even a dismissal of the charges altogether. If your attorney saves you from points on your driving record, exorbitant surcharges assessed by the State of Texas, an increase in your insurance rates and a possible driver’s license suspension, then his or her fee will end up being a relatively minor expense.  

While many of us tend to be fairly laid-back regarding traffic violation offenses, the truth is these relatively minor infractions of the law can cause you significant levels of grief down the road. This is the way your traffic ticket generally evolves over time: You see the flashing lights in your rearview mirror and are filled with dismay to realize you are being pulled over by a city of Houston police officer. Perhaps you were exceeding the posted speed limit, slid through a stop sign, forgot to renew your inspection or registration sticker, or you committed any number of other relatively minor traffic infractions. You signed the ticket and returned home, fully intending to either pay the fine or appear before a City of Houston judge to plead your case. Then—as so often happens in our busy lives—you forgot to pay your fine or appear in court and next thing you know there is a city of Houston warrant for your arrest. Suddenly that relatively harmless traffic ticket has turned into a very serious issue.

Should You Pay Your Tickets and Fines?
Of course your first instinct is to simply rush down to the court and pay your fines or mail in a check and hope for the best. While either of these solutions will probably take care of the City of Houston arrest warrant with your name on it, they will also leave you with repercussions which could follow you for years and years to come. First of all, once you pay your Houston traffic ticket you have effectively pled guilty to the original offense, and you now have a conviction on your permanent driving record. The problem with those convictions on your driving record lies primarily in the points which go along with each conviction.

In the state of Texas, a moving violation such as running a stop light, neglecting to have a current sticker, speeding or any number of other traffic offenses will garner you two points on your Texas driving record. A moving violation which caused injuries to another will place three points on your driving record. Once these points add up to more than six, you could have some significant problems to deal with. First of all, you could end up having your driver’s license suspended due to the number of points on your driving record which can be a real problem when you depend on your vehicle to get you to work, school or any number of other places you regularly go.

Secondly, the state of Texas will begin adding surcharges once your points exceed six. These surcharges are fees which must be paid each year, for three years or more, and can amount to hundreds or even thousands of dollars. Next, once you have accrued a certain level of points on your driving record, it is highly likely your insurance premiums will increase, and in some cases your company may even drop you completely. Once your insurance has been dropped, it can be difficult and financially prohibitive to find another insurance company to cover you. Finally, if your employment is dependent upon a commercial driver’s license you may find your job in jeopardy as well. As you can see, writing out the check may sound like the easiest course of action, but in the long run it may be the worst thing you can do.

The Effects of a Criminal Record of Arrest
Although it is considered a misdemeanor crime, a traffic ticket is nonetheless a criminal offense. Should a Houston warrant be issued for your failure to appear or your failure to take care of your traffic ticket and you are unfortunate enough to actually be arrested, your problems are compounded. Aside from the embarrassment of being arrested in your home, place of work or school, you now have to deal with a criminal record of arrest. Even though it was for a fairly minor infraction, you may now find yourself in the unenviable position of explaining to prospective employers why you were arrested. In short, a simple City of Houston traffic ticket can turn into years and years of expense, trouble getting the job you want, and an inability to remain insured.

Here’s the good news: the fallout from that first traffic ticket can be largely avoided simply by consulting an attorney in Houston, TX who has the experience and knowledge to not only post a bond on your behalf, removing the threat of arrest, but who will be able to plead your case on the original ticket with a goal of avoiding a conviction. Don’t wait until that one little traffic ticket has snowballed into a huge, expensive mess. Call a traffic ticket attorney today!

In most cases it is more advantageous for you to go to court and challenge your traffic ticket than to simply write out a check and pay your fines. While paying the fines for your traffic tickets may seem like the path of least resistance, that one action can have many unexpected repercussions down the line. There are a few tips that you can remember should you ever need to beat a traffic ticket in Houston and they begin with your attitude toward the police officer when you are stopped.

Don’t Admit Guilt—and Remain Polite
While it may make you feel better to express your indignation or anger, it will rarely help you out. Be polite and cooperative and you just might get a ticket for a less costly offense, or even just a warning. If you insist on being nasty, the officer may make note of it, and the prosecutor will be less likely to consider a deal when you appear in court. Avoid any admission of guilt and stifle the impulse to make excuses or create unbelievable stories about why you were speeding or committing any other traffic offense.

Dealing With the Police Officer
One thing you may want to do is politely ask the police officer how you can pay your ticket through the mail—even if you have no intention of doing so. This gives the officer the idea that you are unlikely to go to court to plead your innocence and he or she may take fewer notes. Then when you challenge the ticket the officer is at a disadvantage due to the sparse nature of his notes and recollection.

You could also go the alternate route and ask the police officer an entire litany of questions—politely, of course. You could ask where the officer was positioned and what type of radar detection device he or she used. Ask for as many details as possible, down to the serial number of the device, and make a note of the officer’s license plate and badge number. While this won’t make you particularly popular with the officer, it may give you an edge when you get to court, and in some instances the officer may not even show up, meaning your ticket will be dismissed.

Before You Leave the Scene
While you are still at the place you received your ticket, it’s a good idea to snap a few photos of the weather conditions, road conditions, traffic conditions or any other issues that contributed to your ticket. If you had to swerve to miss a pothole, for instance, take a photo of that particular road issue. Make a quick diagram of where the officer was in relation to where you were while you are still at the scene.

Once You Arrive Home
There are two critically important things you need to do when you arrive home. The first is to thoroughly review your ticket for accuracy. Suppose the ticket notes that you crossed multiple lanes in heavy traffic, yet you believe you crossed one lane in fairly light traffic. Whatever the situation, take the time to write down every single detail related to your Harris County traffic ticket. While most of us are sure we will remember specific details when the time comes, in fact we don’t remember nearly as much as we expect. If you have written down all facts surrounding your ticket, you can refresh your memory with your notes when the time comes. Secondly, make a note—or multiple, large, impossible-to-miss notes regarding the date you must appear in court. Missing a court date for a traffic offense can leave you with a warrant for your arrest and the threat of being handcuffed at work in front of your boss, at home, or at school.

Why Hiring an Attorney is to Your Advantage
When looking at the big picture, it can be much more cost effective to hire an attorney early on in the process after you’ve received your traffic ticket. Paying your ticket, or appearing in court and being judged guilty can leave you with a conviction on your driving record and points which can result in Texas surcharges, escalating insurance rates and may even jeopardize your license and your employment. Your attorney can advocate on your behalf to attempt to lessen the charges against you, and may be able to get the charges dropped altogether.

Your Houston Traffic Ticket Attorney will send a written request for discovery well before your court date in order to receive all the evidence against you or any other relevant information. Your attorney may also work out a deal where you can attend traffic school in order to avoid a conviction and the resulting points on your driving record. If you want to avoid the long-term repercussions of a traffic ticket conviction, an experienced Houston Traffic Ticket Attorney could be your best line of defense.

Suppose you received a traffic ticket some time back and fully intended to pay it or go to court and plead your innocence. Then you got busy, time passed, and suddenly you wake up one morning with a sick feeling as you realize there could be a City of Houston warrant with your name on it. At this point you may be anxious and stressed, unable to stop thinking about the Houston police showing up at your place of work snapping handcuffs on you and leading you out past your co-workers and even your boss. At a bare minimum, an arrest warrant in Houston can be a very unpleasant surprise with far-reaching repercussions. This is one instance where it’s much better to find out where you stand and deal with it before it becomes a bigger problem. So—how do you discreetly find out whether there is a City of Houston warrant for your arrest, then deal with it in the most expeditious manner possible?

Determining Whether a Warrant Exists
You can, of course, simply go down to the courthouse, stand in line then ask straight out if there is a warrant with your name on it. While this might seem to be the most straightforward way of approaching the issue, this solution is not recommended. Theoretically, you could be arrested as you are taking out your checkbook to pay your fines. While not likely, it is a possibility. You could be allowed to pay your fines, effectively removing the threat of arrest. Unfortunately, by paying your fines you will now have a conviction on your driving record which brings further consequences.

You could ask any police officer to perform a warrant search but you will be subject to the same potential factors as you are when you go to the courthouse. You could go online and check one of the several online public records databases, which is much easier and eliminates the threat of arrest. Of course you could also choose to simply do nothing and hope for the best, but this choice leaves you constantly stressed about the possibility of an arrest. Remember—the police don’t care where they arrest you or how much embarrassment it causes you. It is much better to actually know where you stand rather than constantly worrying about it.

You’ve Determined a Warrant Exists—Now What?
Suppose you have used one of the above methods to determine whether or not there is a Houston warrant for your arrest—and found there is—what will you do next? What you don’t want to do is to rush down and pay your fines, thinking it will now all be over and done with. While it’s true that Harris County law enforcement wants you to believe this is your only option, in fact, it’s not. Paying your past due tickets will result in a conviction on your driving record that will follow you for a long time to come. This conviction adds points to your driving record—two points for most moving violations and three for a moving violation that resulted in an accident.

These points can add up quickly, and should you exceed six points within thirty-six months you can find yourself very surprised to be hit with surcharges from the state of Texas that can run into the hundreds or even thousands of dollars and require you to pay each year for three years or more. Aside from the expense, a conviction on your driving record—and the resulting points—can cause your insurance rates to skyrocket, could threaten the status of your Texas driving license, and can even have a negative impact on your employment.

Hiring an Attorney
The best choice by far once you’ve found there is a City of Houston warrant for you is to consult a Houston traffic ticket attorney regarding the warrant and the underlying traffic tickets. Your chosen attorney can post a bond on your behalf, effectively removing the threat of arrest then the two of you can sit down together and determine the best course of action regarding your original ticket. The goal of your attorney will be to minimize the long-term damage of paying the tickets and receiving a conviction. Your attorney may be able to plead out the original traffic offense, saving your record from extra points. It’s important to consult an attorney quickly if you have any inkling there is a warrant in Houston for your arrest so the matter can be resolved as quickly and quietly as possible, leaving you with the least amount of lasting consequences.

Most of us would never imagine the word fugitive could apply to us simply because we forgot about a traffic ticket. Unfortunately, this is not the case. A missed court date, even if it is for a minor traffic infraction, can land you in plenty of trouble. Should you neglect to appear for your court date, a Houston arrest warrant will be issued for you, meaning the police have the right to arrest you at any time or any place. While it’s true that the police generally don’t have the time or resources to run around a huge city banging on doors in an attempt to arrest every person who has neglected a traffic ticket, they do have that option.

In fact, for a failure to appear on a relatively minor matter, the police may not even bother to go to your home—but don’t breathe a sigh of relief just yet. Suppose you are driving to work, or taking your child to school, and a police officer pulls you over because of a cracked taillight or some other minor infraction. Once he runs your license the Harris County arrest warrant will become evident and he will likely take you into custody. If there is no one with you your vehicle may be towed and impounded, or if you have children with you the situation can get even uglier. If you are unable to find someone to come and pick up your children they could possibly be taken by Children’s Protective Services until the matter is resolved.

Facing the Additional Charges
A Failure to Appear charge is considered a separate criminal offense from the original traffic offense which required your presence in court. If a City of Houston arrest warrant was issued for your failure to appear and you are aware of the warrant, hire an attorney immediately before you have made further mistakes. The attorney can post a Harris County traffic bond on your behalf, although you can also do this directly or go through a bail bondsman. If you take care of the warrant immediately, then you avoid being arrested while you are having dinner with your family or sitting at your desk at work. Once your Harris County bond has been posted, a new court date will be set—a court date that you absolutely must not miss. Some judges will be lenient on a first Failure to Appear, but they will not look so kindly on you when it happens a second time.

What if My Ticket is Years Old?
You may feel relatively safe if the ticket you received and the court date you missed are many years behind you, but don’t congratulate yourself just yet. As with most things in life, a Harris County arrest warrant can come back to haunt you when you least expect it. If you are considered a fugitive from the law—and make no mistake, if there is a Houston arrest warrant with your name on it, you are a fugitive—then you could be arrested even decades after the original ticket was issued.

Getting the Legal Help You Need
If you are aware that you have an old Harris County arrest warrant hanging over your head you have some legal options that an experienced defense attorney may be able to implement. For example, the attorney could argue on your behalf that the original charges are no longer able to be proven since police officers move on and evidence disappears over time. The attorney could also attempt to quash the Harris County arrest warrant on your behalf without the necessity of you being present or may negotiate a deferred adjudication. The take-away is that in order to no longer be considered a fugitive from the law, you must take action and that action will likely be more effective with an attorney by your side. 

Although many of us are under the impression that neglecting to show up for a simple traffic ticket hearing is really no big deal, should you find yourself being taken into custody under a City of Houston arrest warrant you may be shocked to realize how serious it really is. Perhaps you were busy and simply forgot about your court appearance, or maybe you really thought it was not crucial that you appear. If you suddenly find yourself being arrested—in a critical situation with no prior warning—you are likely stunned and scared, wondering what to do next. Many times these Houston arrest warrants are carried out at your home or place of work, causing embarrassment and humiliation. In some cases you may be stopped for something simple like a broken tail light and find yourself being loaded into a police car once the officer runs your license and sees the outstanding warrant. However it occurred, it would be very wise to contact an experienced attorney who can assist you with your legal crisis.

After the Arrest
As if it weren’t bad enough being arrested, possibly in front of family members or co-workers, you still have hurdles to get past. You will be obligated to post a Harris county bond or bail bond in order to ensure you don’t linger in a jail cell. As soon as the bond is posted it will be necessary for you to appear in front of a judge and offer a reasonable explanation as to why you missed your first court date. Although you have every reason to be upset, it is never wise to put forth an angry attitude toward the judge, rather you should be respectful and polite. Don’t forget that it is within the judge’s power to let you go with a dent in your checkbook and a slap on the wrist or to send you to jail. Since jail is not where you want to be, it can be extremely important to speak with a Houston attorney who can explain your current options to you and help you decide what you need to do.

Once You Have Posted a Houston County Bond
Once you have contacted an attorney and taken care of your Harris County bond payment, you will be given a new court date and allowed to leave. At this point you will need to decide your course of action. Your attorney may be able to negotiate a deferred adjudication in your case or could reach an agreement with the court on your behalf in which you are allowed to take a defensive driving course and pay a fine in order to keep the incident from going on your driving record. Your attorney’s goal will be to minimize any future damage to the extent possible. You want to avoid future employment problems as well as insurance hikes and driver’s license points, so allow your attorney to use his or her expertise to help you reach those goals. A City of Houston arrest warrant is serious business, however you can keep your future on the right path by make good decisions following your arrest.

The United States is truly a nation that loves to drive, and Houston and the surrounding areas are certainly no exception. In fact, by most estimations as many as 89 percent of the adults in America own a car, using it to commute to work, run errands, go on vacation and taxi their children from place to place. Unfortunately, with all this driving comes the inevitable traffic ticket. If you misplace that ticket or simply forget to pay it on time you could find yourself hit with a Harris County arrest warrant wondering what on earth to do next. In determining whether you should post a bond in Houston or not, it is probably wise to consult an experienced attorney at this point.

Traffic Tickets a Billion Dollar Industry
Let’s face it—anybody with a driver’s license has made the occasional driving mistake resulting in literally millions of traffic tickets being issued each year in the United States.  Many people commit traffic violations without even realizing it—unfortunately the law does not accept ignorance of a traffic law as a valid excuse. Traffic tickets are intended to be a deterrent to driver mistakes due to the cost-if you’ve received a traffic ticket lately you were likely stunned by the amount owed since traffic tickets have evolved into a billion dollar industry.

Infractions vs. Violations
Whether you inadvertently or willfully committed the traffic violation remember that traffic tickets are considered criminal cases although there are varying levels of seriousness. Non-moving violations or moving violations which are considered non-dangerous fall in the category of infraction meaning the person committing such a violation cannot be jailed, receive an unreasonably large fine, have a jury trial or be entitled to a court-appointed attorney. Speeding tickets can garner a relatively large fine, depending on how many miles per hour beyond the posted speed limit you were driving.

In some cases speeding can be considered a form of reckless driving meaning it turns into a more serious moving violation. Other serious moving violations include running a stop light or stop sign which could potentially result in the injury of another person. Misdemeanor and felony traffic violations also include DUI, reckless driving, driving without insurance and failing to stop at an accident scene. If you’ve been charged with a more serious traffic infraction, you are entitled to all the normal rights afforded to criminal defendants.

Harris County Bond or Bail Bond
For the more serious violations, the driver can be taken into custody and required to post a bond in Houston, just as they would for other criminal, non-traffic crimes. If you have been required to post a Harris County Bail bond, then neglect to show up for your court date, an arrest warrant may be issued and you will pay an additional fine for failing to appear.

Although most traffic offenses in the State of Texas are considered Class C misdemeanors, punishable only by a fine, the implications of failing to pay the ticket or appear in court are much more serious and far-reaching. Should a warrant of arrest be issued because you failed to appear for your court date, a bond will be set by the court. This bond is an amount of money intended to guarantee your next court appearance.

What if I’m Not Guilty?
Even if you believe you are not guilty of the traffic offense you’ve been charged with, it is never wise to ignore a ticket. It’s a much better idea to consult an experienced traffic attorney who may be able to significantly maximize your chances of a successful appeal, therefore avoiding unnecessary points, fines and punishment. Remember, however, that there are always specific time limits regarding traffic violations therefore if you do not want to find yourself in the position of having to deal with a City of Houston arrest warrant, take decisive action now.

Law enforcement and judicial officials issue daily warrants all across the nation for those who have failed to appear as required, and the city of Houston issues these warrants as well. The vast majority of Houston arrest warrants stem from failure to appear on a ticket issued for a traffic offense or possibly another minor Class C misdemeanors as many people believe these types of tickets to be relatively non-serious, putting them away and forgetting to pay the fine. Bear in mind that a Failure to Appear criminal charge is not the same as a Houston arrest warrant. A warrant is a mandate for your arrest—no matter where the police find you— while receiving a Failure to Appear adds an additional criminal charge to your problems.

A Solution to an Arrest Warrant
If you have been hit with a Harris County arrest warrant, don’t panic. Our legal system provides a method of avoiding an arrest without paying the fines and dealing with the hidden penalties not to mention the potential embarrassment of being arrested at your home or at work. This remedy is known as a bond; by posting a Houston traffic bond the warrant for your arrest is effectively suspended. This allows you to receive a new court date and the opportunity to fight your old traffic tickets.

Consequences of Simply Paying an Outstanding Houston Traffic Ticket
Remember that any time you write a check for a ticket you are effectively pleading guilty to the offense and are then considered convicted. Posting a bond in Houston allows you time to consult a knowledgeable attorney to discuss your options as well as the consequences you may suffer should you simply pay the ticket. By paying your ticket you become subject to a litany of repercussions including skyrocketing insurance rates and a strike on your driving record. In other words when you pay your moving violation ticket you for each moving violation you pay you will accept two points on your driving record; paying your accident violation ticket will add three points.

During any three year period should you be unlucky enough to have garnered six points on your driving record you could end up having to pay a surcharge each year which starts at $100. Additionally, accruing points on your driving record may put your present or future employment in jeopardy. As you can see, posting a Houston County bond makes much more sense than simply paying the outstanding tickets out of fear.

After Posting Your City of Houston Bond
If you are under a Harris County arrest warrant, it’s important to get solid legal advice before you pay the ticket. Remember that a traffic ticket is not a debt, per se, rather it is simply alleging a criminal violation that you may or may not be guilty of.  Because we live in America you are considered to be not guilty until you are convicted. Once you post a bond in Houston your attorney can advise you of your options—including a Defensive Driving course or deferred adjudication—which can protect your driver’s license and record as well as your insurance rates.  Posting a bond is a relatively simple way to avoid your Houston arrest warrant while still preserving your rights and protecting your future.

If you believe that failing to appear on a traffic ticket may be a relatively harmless matter, you could be very unpleasantly surprised to find yourself under the cloud of a Houston arrest warrant. Of course it is much better for you if you actually know about the arrest warrant than if you are totally unaware of it. Although Houston police officers generally have much more serious issues to contend with than tracking down those who have neglected to pay a traffic ticket, they do have the option to find you wherever you may be (home, school, work) and arrest you immediately. Further, during Houston’s annual warrant roundup the police are actively looking for those who have neglected to pay their fines or show up in court as promised. To have police officers come into a person’s place of work and take them away in handcuffs would be a devastating experience for most all people.

When You’ve Been Charged with Failure to Appear
Suppose you received a ticket for a minor traffic infraction, put it into a drawer intending to pay the ticket or appear in court and contest it, then simply forgot about it. In our ever-increasingly busy lives, this is actually a fairly common scenario. Next thing you know there has been a Failure to Appear charge levied against you and a City of Houston arrest warrant issued. Although it is certainly reasonable that you would panic at this point and send in the money immediately, living in fear until the check cleared, you should be aware of the consequences of doing so. Remember that a Failure to Appear charge is a totally separate and new charge against you in addition to the original traffic charges.

Should you send in your money for the past due ticket, you must be aware that you have effectively pled “guilty” to the offense, and now have a conviction on your record—even though traffic issues seem minor, they are generally considered criminal cases. That conviction adds points to your driving record, increases your insurance rates, and can even be responsible for jeopardizing your current job or preventing you from obtaining a future job. Should you receive too many points on your driving record you could even face having your driver’s license suspended—a serious occurrence for most Americans.

Alternatives to Paying Your Traffic Tickets
Should you be under threat of a City of Houston arrest warrant, you do have options. It is in your best interests to contact a local Houston traffic attorney who can offer you options such as posting as Houston traffic bond. Such a bond can be posted in person, or alternatively through your attorney or even a bondsman. Retaining an experienced attorney may give you the option of having the warrant quashed, or even possibly having the charges dismissed. Once your Harris County traffic bond has been posted, you are no longer under threat of arrest, and can discuss what direction you should take with your attorney. You may feel that the original traffic citations were unjust, in which case you can explore the possibility of having your attorney fight those charges. In short, you should never take a Failure to Appear charge or a Houston arrest warrant lightly. Take action immediately and get reputable legal help.

So, you received a traffic ticket, possibly for exceeding the speed limit or not stopping completely at a stop sign. It seems a relatively minor issue, so you stick the ticket in a drawer or your purse intending to take care of it as soon as you get a moment. Your court date comes and goes, and soon you have entirely forgotten about the traffic violation. What you are probably unaware of is you have now committed a separate criminal offense in Texas known as Failure to Appear which resulted in a warrant for your arrest.

Because the original incident did not seem all that serious, you are shocked and scared to find yourself being arrested on a Houston arrest warrant. Most people are unaware that a simple traffic ticket can lead to an arrest, possibly in front of their family or even worse, at work in front of their boss and co-workers. The first cost of missing your court date has just been realized and it is an emotional one. You are likely embarrassed and humiliated that others saw you arrested, and you are anxious, not knowing what you must do to get extract yourself from your present situation in the best manner possible.

Posting a Harris County Traffic Bond
Once you have been arrested, you are now liable for the original fines for your traffic offense as well as the fines for your Failure to Appear charge which can go as high as $500 plus any associated court costs. Should you be lucky enough to have escaped arrest at this point but are aware there is a Harris County arrest warrant out for you, it is imperative to retain an attorney immediately in order to avoid being arrested and having further charges levied against you.  In either case, you will be required to post a Houston traffic bond which you can do yourself, or you could choose to go through a local bonding company or your attorney.  At this point you are probably well aware that the fees and fines are stacking up at an alarming rate. Once you’ve posted your City of Houston bond you will be required to go before a judge at which time a new court date will be set. It would be extremely unwise to miss this court date as that would add trouble upon trouble.

Discussing Your Options with Your Attorney
After you have extracted yourself from the possibility of sitting in a jail cell by posting a Harris County, Jersey Village or Sugarland bond it is time to discuss your future with your attorney. It is possible he or she may be able to negotiate deferred adjudication on your behalf or possibly work out a combination of fines and a defensive driving course to avoid having this show up on your driving record. You will still be subject to any fines associated with the original traffic ticket as well as the Failure to Appear charge, however you will escape further, more serious repercussions. As you can see, the costs of missing a court date for a traffic ticket are serious and costly and not a mistake you will likely ever repeat.

Suppose you neglected to either mail in the fine or appear in court after receiving a traffic citation. Soon you’ve forgotten about the entire thing as your busy life takes over only to find yourself rudely jolted back to earth when you learn there is a Houston County arrest warrant issued for you. At this point you can decide to head down to the Courthouse, hoping you get a kind judge who will believe your story as to why you missed your court date. If you are very lucky, the judge will simply re-set your court date. Notice I said if you are very lucky, so please do not assume this is the norm. More likely the judge will require you to post a bond to ensure you show up for your next court date. A Harris County traffic bond is also applicable if you did not realize there was an arrest warrant and were actually arrested or if you knew about the warrant and had either a bail bondsman or your attorney post a bond on your behalf.

When Your Bond is Revoked
Posting a Harris County traffic bond allows you to continue with your normal life, work and family until it is time for your next court appearance. The bond is presumed to be incentive for you to remember to show up for court since you lose your bond money if you don’t appear. Should you miss that second court date, not only will you likely be in serious legal trouble, you may also have your Harris County traffic bond revoked. If you didn’t hire an attorney the first time you missed your court date, it is absolutely time to do so now. The judge in your case is not going to take a second skipped court date lightly, and handling the situation on your own is not advisable.

If you choose not to seek legal help then in addition to bearing the cost of having your bond revoked, yet another Houston County arrest warrant will be issued, and this time the police may actively seek you out in order to execute the warrant. Bear in mind that the police officers who are sent out to find you and arrest you could care less where that arrest takes place. You could be arrested while out with your family, while at work, while taking your children to school or even at a school function. The officers will arrest you where they can find you regardless of the embarrassment it may cause you. In the end you could be facing your original traffic charges, two Failure to Appear charges and a revoked bond meaning you will be stuck in jail.

Seeking Legal Help
There is little you can do for yourself at this point without the services of an experienced Houston attorney. The judge will not likely be receptive to setting another bond unless you have an exceptionally good reason for missing two court dates. If another bond is allowed, it will probably be significantly higher than the first. As you can probably see, ignoring a minor traffic infraction can lead to serious legal issues with long-term consequences so seek the services of a qualified attorney at the first sign of trouble.

Don’t let your busy life get in the way of taking care of a traffic citation or you could find yourself facing steep fines, additional charges and could even be arrested if you missed your original court date. Even if you feel the traffic ticket you received was not justified, ignoring the problem will not make it go away. There is a set court date which requires your presence, and missing that court date is seen as a serious offense by most judges.

If you become aware that you have missed your court date, contacting an experienced attorney immediately is your best course of action to prevent further negative consequences. Those consequences could include a Houston county arrest warrant being issued as well as significantly increased fines and a blot on your driving record. It is rarely a good idea to go into court without a criminal attorney by your side once a warrant has been issued. Although you may get lucky and land in front of a kind judge who will kindly help you solve your ticket problems, it is just as likely that you could be told to go home and come back with an attorney or, in rarer cases, be taken to jail.

Seek Legal Advice Before the Situation Worsens
If you have been charged with failure to appear and a Harris County arrest warrant issued for you, a Houston attorney may be able to have that warrant vacated, meaning you will be back to square one. You will be responsible for appearing in court and paying your original ticket fines but the good part is you will not be arrested and the warrant will be dismissed. Resolving the issue is always a better option than being arrested, possibly at your home or even at work in front of your co-workers and boss. If the attorney is unable to have your warrant vacated, then you must post a bond in Houston which is meant to ensure your appearance at your next court date.

Bear in mind that you will now be facing a Failure to Appear charge as well as your original traffic ticket charges meaning you will be subject to paying steep fines. Your attorney may try to work out a deferred adjudication on your behalf meaning you will be put on a type of probation for a certain length of time. Although you will enter a guilty plea, the judge will defer his finding of guilt until you have successfully completed the probationary period, and your record will not show a conviction for the offense. This can prevent your Harris County arrest warrant from becoming a stumbling block in your future and will not add points to your driving record. Your attorney may also suggest a defensive driving course to the judge to lessen the ultimate consequences of your traffic violation.

Take Care of Traffic Tickets Immediately
As you can see, there are serious ramifications which come from ignoring traffic citations including the issuance of a Harris County arrest warrant and the necessity of posting a Houston traffic bond. Not taking a traffic ticket seriously enough, or allowing yourself to forget its existence can lead to significant fines, driving record points, an increase in insurance rates and the embarrassment of being arrested. Your driver’s license may end up at risk and your vehicle may be towed. If you land in jail you will likely miss work the next day which could put your employment in jeopardy, and when you are released you will have to pay the towing fees for your vehicle.  Don’t let this happen to you!

If you’ve neglected to pay one or more Houston traffic citations, you may find yourself in the position of having a Harris county arrest warrant in your name. Whether you simply forgot about the ticket or deliberately neglected to take care of it because you didn’t feel you deserved the citation, the reality is that old tickets don’t simply go away because you forget about them. Eventually you will get caught, whether it is through a routine traffic stop, or during Houston’s annual warrant roundup.

While your first instinct may be to pay the tickets immediately to avoid the possibility of being arrested in your home or at work—or anywhere for that matter—there may be a better way to handle the situation.  If you are aware that a Houston arrest warrant has been issued for you, the smart thing to do is get it fixed while you still have at least a bit of leverage as well as more than one option to make the problem go away.

Options Other Than Paying Your Old Tickets
No matter which direction you choose to go regarding your past due traffic tickets and warrant for failure to appear, it is highly advised that you consult an experienced attorney in the area before you make your final decision. There may be many factors you are unaware of or had not considered that your attorney will be cognizant of, giving you a much better chance of a positive outcome.

1.  If you are aware there is a Houston arrest warrant with your name on it, hire an attorney immediately and discuss whether there is a possibility of the attorney having the warrant quashed, which means it is effectively cancelled and you no longer have to worry about being arrested. If this option is a possibility it can save you not only the humiliation of an arrest but the expense of additional fines as well as the possibility of a blot on your record. If your attorney is able to have the warrant quashed, then the court will set a new court date which you absolutely must show up for.

2.  You can post a Harris county bond, either in person, through your attorney or through a bondsman. If you go in person to post a bond in Houston you run the risk of being arrested right then and there, although it is not especially likely. The goal of the city is to collect the money for outstanding traffic citations therefore there is probably little interest in jailing you when you are making the effort to pay your fines.

3.  Your attorney may be able to have the outstanding tickets dismissed altogether depending on the amount of time which has passed. If a significant period of time has elapsed, it is possible that the officer who gave you the citation is no longer employed with the city of Houston, or that any witnesses named in the case have been lost track of. It is definitely in your best interests to explore other options than paying the ticket to avoid the points on your driving record, the increase in insurance rates and the possibility of having your present or potential employment affected by the pleading guilty to an offense—which happens the moment you pay the ticket.

Ignoring or forgetting about traffic citations should be avoided at all costs, so treat traffic tickets with the seriousness they deserve and seek out legal help in the even a Harris county arrest warrant has been issued against you. 

Every year the state of Texas holds a two-month long great warrant roundup and if you happen to be “asked” to participate in the roundup it is not nearly as much fun as it might sound. Those individuals who have neglected to pay a traffic ticket or other Class C misdemeanor ticket may find themselves actively pursued under a City of Houston arrest warrant. Just last March Houston began their annual warrant roundup clearing nearly 30,000 warrants, netting two and a half million dollars in outstanding fines and making over four thousand arrests.  These roundups are a significant source of revenue for Texas counties, however if your name is on the warrant list should you simply pay up? While the threat of being arrested at your home or place of work is frightening enough to cause you to immediately write out a check, in many cases it is much more advantageous to consult an experienced traffic attorney who can offer you some options.

Posting a Bond vs. Paying Your Tickets
If you know that you have an outstanding Houston arrest warrant you are probably in a better position than those who are unaware of the fact. Knowledge of the arrest warrant gives you time to avoid a potentially embarrassing situation such as being arrested in front of your boss and co-workers. Before the roundup officially kicks into gear, you have the option of posting a Harris county traffic bond which can give you some time to decide how you want to handle the situation. A Sugarland bond or Jersey Village bond can also be posted should you reside in those areas. Posting a bond is not difficult and can allow you and your attorney to decide whether you will ultimately pay your tickets and suffer the consequences or fight for a better end result such as deferred adjudication or a mandated defensive driving course. Simply paying your ticket can result in a variety of repercussions, none of them particularly good. You will accrue points on your driver’s license, be subject to higher insurance rates and in some cases your employment may even be affected.

Options for Paying Your City of Houston Bond
To avoid having an officer knock on your door and take you to jail, you have the following options for removing your Harris County arrest warrant. You can post a cash bond with the court or you can post a bond with a bonding company or through your attorney. A final option to have your warrant dismissed is to appear in court on the day and time when walk-ins are allowed in your area court and speak with the prosecutor. This strategy can resolve your charges and allow you to enter a not guilty plea with the judge. Although you could potentially be taken into custody at this time, it is unlikely since you are there to find a resolution to the situation.  

Forgetting to pay a traffic fine may sound minor, but it can quickly turn into a major ordeal once a Houston arrest warrant has been issued. Hiring an attorney may seem a bit extreme for this situation, but if your goal is to avoid long-term complications then it could truly be the most advantageous solution.

As of January 2010
 
Note: Fine amounts and costs are subject to change.
For fine amounts not listed, call 311 or (713) 837-0311
Telecommunications device for the deaf (TDD) call 311 or (713) 247-8591
Also visit the city of Houston municipal court website at
WWW.HOUSTONCOURTS.ORG

SPEEDING VIOLATIONS

MPH Over Limit	Speeding in POSTED ZONE		Speeding in SCHOOL ZONE		Speeding in CONSTRUCTION ZONE (workers present)
1-5MPH		$170	$220		$235
6-9 MPH		$180	$235		$260
10-14 MPH		$200	$250		$295
15-19 MPH		$245	$270		$380
20-29 MPH		$265	$295		$430
30 MPH & Over		$300	$325		$500

MOVING VIOLATIONS (NO ACCIDENT INVOLVED)

VIOLATION	TOTAL WINDOW FINE
Running a Red Light or a Stop Sign	$230
Failure to Obey Must Turn Signal	$180
Change Lanes Not In Safety	$180
Driving at Night without Lights	$180
HOV Lane Violations	$170
No Registration/Receipt for Commercial Truck/Trailer	$155
Failure to Change Address on Driver’s License	$105
Defective Equipment Violations (non-commercial vehicle) (non-functioning/missing lights, brakes, mufflers, mirrors, etc.)	$130

MOVING VIOLATION (WITH ACCIDENT INVOLVED)

VIOLATION	TOTAL WINDOW FINE
All Moving Violations with Accident	$270

 



SEAT BELT VIOLATIONS

VIOLATION	TOTAL WINDOW FINE
Seat Belt – Adult	$150
Seat Belt – Adult – Commercial Vehicle	$210
Seat Belt – Child Safety (1st Offense) (2nd/Subsequent)	$125 $225

OTHER VIOLATIONS

VIOLATION	TOTAL WINDOW FINE
No Driver’s License (includes no motorcycle endorsement	$195
No Vehicle Inspection Sticker (n/a to commercial vehicle)	$130
No Auto Liability Insurance	$260
No Vehicle Registration (n/a to commercial vehicle)	$130
No Auto Liability Insurance No Auto Liability Insurance (second or subsequent offense)*	$260 $470

NOTICE
*A second or subsequent conviction of an offense under the Texas motor vehicle safety and responsibility act will result in the suspension of your driver’s license and motor vehicle registration unless you file and maintain proof of financial responsibility with the department of public safety (DPS) for two years from date of conviction. The department may waive the requirement to file proof of financial responsibility if you file satisfactory evidence with the department showing that at the time the citation was issued, the vehicle was covered by a liability insurance policy or that you were otherwise exempt from the requirement to provide evidence of financial responsibility.

1. Two points for a moving violation conviction in Texas or that of another state. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89, which includes a list of those violations that will be assigned points.

2. Points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions

3. Child Safety Seat Violations will accrue two points.

4. Three points for a moving violation conviction in Texas that resulted in a vehicle crash.

1. Driving While Intoxicated (DWI), or a DWI-related offense.

2. Failure to Maintain Financial Responsibility

3. Driving While License Invalid

3. Driving without a Valid License (i.e.; No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle).

Contact Information
To obtain information regarding your convictions, a copy of your driving record may be purchased by completing the application form and mailing to the Department with the appropriate fee, or visiting the online service.

For full payment of a surcharge or to establish an installment agreement, please contact the Municipal Services Bureau at 1-(800)-688-6882. The Municipal Services Bureau is the vendor responsible for the mailing of surcharge notices and collection of all fees.

High-Speed Chase Ends on Dallas Love Field Runway

 
Also under scrutiny are the seemingly thin defenses for Love Field, which have raised concerns that vehicle driver with more mayhem in mind than simply avoiding law enforcement could mimic the move. But officials declined to comment on possible changes or improvements to the current airport design, because "if [they] talk about [their] security program, it ceases to be a security program."

New Motorcycle Laws Roll Into Texas September 1, 2009

HOUSTON—On June 19, 2009, Governor Rick Perry signed into law Senate Bill 1967 (SB1967) of the 81st Regular Legislative Session. This law became effective September 1, 2009, and includes many motorcycle-related changes that affect all riders.

First, the bill requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program.


Former law required a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. SB1967 removes that minimum amount, and requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The terms "health insurance plan" refer to an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.

Further, SB1967 prohibits a peace officer from stopping or detaining a person who is the operator of, or passenger on, a motorcycle for the sole purpose of determining whether the person has successfully completed a motorcycle operator training and safety course, or is covered by a motorcycle health insurance plan and repeals provisions relating to a DPS-issued sticker required to be displayed on a motorcycle by a motorcycle owner.

Also included in the bill is an amended definition of “motorcycle”, which now includes certain enclosed three-wheeled passenger vehicles, and new licensing requirements for said vehicles. The law also mandates increased penalties for failure to yield the right-of-way violations resulting in bodily injury and serious bodily injury, to ranges of $500 to $2,000, and $1,000 to
$4,000, respectively

Lastly, SB1967 solicits funding from the Texas Department of Transportation (TXDOT) for a public awareness campaign to promote motorcycle safety and the concept of sharing the road with motorcyclists. This initiative is an extension of the “Look, Learn, Live” campaign introduced in 2008. The law also requires that all driver education courses and driver safety courses include information on motorcycle awareness, dangers of failure to yield the right-of-way to motorcyclists, and how to safely share the road with motorcyclists.
For more information on SB1967 as it pertains to motorcycle laws in Texas, please visit the Texas Department of Public Safety’s website at:

http://www.txdps.state.tx.us/director_staff/public_information/pr081109.pdf

Texas Driver Responsibility Program under Fire

HOUSTON—It is common knowledge that drunken-driving laws in America vary from state-to-state, but in Texas, they often differ between counties. This “checkerboard” system of enforcement has recently come under fire, with local judges, lawmakers and upset residents calling for congruent reform and the elimination of hefty surcharges often imposed on top of criminal penalties.

Criminal Justice Committee Chairman John Whitmire, D-Houston, has taken special issue with the state’s Driver Responsibility Program (DRP), which includes a surcharge of $1000 annually for three years for first-time driving-while-intoxicated (DWI) offenders. Too often, motorists simply opt not to pay the fines, which Whitmire and law officers said means more people driving without licenses or insurance.


The DRP was created in 2003 as a funding tool for trauma care centers and transportation projects. The program established a system that assigns points to moving violations, and applies subsequent automatic surcharges to offenders.
Under the DRP:

• Points are accumulated for moving violation convictions. For any consecutive three-year period in which a driver accumulates 6 points, he or she is assessed a $100 annual surcharge that is imposed annually until such time as his or her point total drops below 6. Each additional point on a driver's record will cost an additional $25 a year;
• Under the program, driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense. Each subsequent conviction carries an additional $1,500 annual surcharge;
• Driving without a license carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450. Driving with an invalid license would cost a driver $150, plus a $250 annual surcharge, making the total violation $900;
• Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000; and

Should a driver commit one of these latter two violations again within that three years, they would be assessed an additional annual surcharge.

Critics of the program argue that many Texans affected by these automatic surcharges are first-time offenders, students, single parents or low-income families, who are faced the choice of either complying with the law or paying for their education, rent food or emergency expenses like car repairs or medical bills. Others simply opt not to pay, and as of April 2010, 1.2 million Texans owed the state more than $1 billion in unpaid surcharges.

For proponents of the DRP, whatever money has been collected through the program has been a godsend. Quoted in the July 2010 issue of Texas Medicine Magazine, Dr. Ronald Stuart, MD, chair of the Trauma Stystems Committee of the Governor’s EMS & Trauma Advisory Council (GETAC) said, “The expansion of Texas trauma centers under the DRP has led to improved coverage of timely access to care when people need it the most. What we’re talking about is access and quality of care…[which is] why preserving the DRP and other funding programs is important.”

Dr. Stewart said that most trauma physicians and trauma facility administrators are sympathetic to the challenges inherent in the DRP and are willing to work to improve the program. “We’re not opposed to making the system better. We believe that in spite of its problems, the DRP is, in general, a fair and equitable way to pay for uncompensated trauma care in Texas.”

Dr. Stewart’s opponents, however, couldn’t disagree more.
With Texas’ varying DWI laws, Sen. Whitmire asserts prosecutors are recognizing that the surcharges imposed by the program are “a burden [defendants] can’t meet and they’re allowing them to plead to something other than DWI.” He voiced concern that the absence of a formal DWI charge would hide an individual’s first drunken-driving offense, allowing him to avoid enhanced penalties if he offends again.

In Harris County, for example, District Attorney Pat Lykos’ office allows defendants facing drunken driving charges for the first time to plead guilty to DWI with the option of completing a strictly probated program, after which the conviction can be wiped off their record. And in Bexar County, District Attorney Susan Reed dealt with a backlog of cases by allowing first-time DWI offenders to plead instead to a charge of “obstruction of a highway—intoxication”. Both options allow the accused to avoid the DRP-imposed surcharges.

Perhaps the only thing that parties on either side of the debate can agree on is that the DRP is not perfect, and as such, the Senate Transportation and Homeland Security Committee, headed by Sen. John Carona, R-Dallas, has been given the responsibility of vetting it before the 2011 legislative session. The Texas Department of Public Safety (DPS) is also working on new rules for the program to ease the surcharges for lower-income drivers.

Until such time that the existing surcharges are reduced or eliminated, being charged with DWI anywhere in Texas can have serious and life-changing consequences.

Red Light Cameras A Hot Topic in Houston

The topic of red light cameras in Houston has been a hot one since the City began employing them at major intersections on September 1, 2006. Proponents of the program hold that its main purpose is to decrease the number of red light runners and reduce collisions, while those in opposition argue that it’s aimed at making money for municipalities rather than improving traffic safety.


According to the Houston Police Department (HPD) website, “Red light running is the leading cause of urban crashes. In 2004, more than 900 people were killed and an estimated 168,000 were injured in crashes that involved red light running.” Furthermore, Houston-Galveston Area Council data indicate that red light accidents in the Houston area account for approximately $225 million per year in total comprehensive cost.

At present, Houston has 70 cameras positioned at 50 intersections around town. They photograph the license plates of cars running red lights, and contractor American Traffic Solutions sends registered owners a $75 civil ticket in the mail. Since the program began, more than 700,000 citations have been issued, resulting in $41 million in revenue.

Efforts are now underway to ban the cameras, with dissentients seeking to put the matter to public vote in November. A petition is being circulated by Citizens against Red Light Cameras to collect the 20,000 signatures needed to get the issue on the ballot. Those in opposition believe that red light cameras actually increase auto accidents when drivers break sharply at intersections, and disagree with the fact that the tickets cannot be contested using due process.

On the other side of the debate, a political committee called Keep Houston Safe has been formed to defend the program. An opinion survey commissioned by the group found that two thirds of likely Houston voters back the system, with that support consistent across political, racial, and socioeconomic lines. Seventy-seven percent of respondents agreed that cameras were a reasonable way to curb red-light runners, and 71 percent believed that the cameras make Houston safer.

Though use of red light cameras is growing across the country, Houston may be a doyen in reversing the trend. If the issue is brought to public vote in November, the fate of the program  will be in citizens’ hands.

Texas Driver Responsibility Program under Fire

HOUSTON—It is common knowledge that drunken-driving laws in America vary from state-to-state, but in Texas, they often differ between counties. This “checkerboard” system of enforcement has recently come under fire, with local judges, lawmakers and upset residents calling for congruent reform and the elimination of hefty surcharges often imposed on top of criminal penalties.

Criminal Justice Committee Chairman John Whitmire, D-Houston, has taken special issue with the state’s Driver Responsibility Program (DRP), which includes a surcharge of $1000 annually for three years for first-time driving-while-intoxicated (DWI) offenders. Too often, motorists simply opt not to pay the fines, which Whitmire and law officers said means more people driving without licenses or insurance.


The DRP was created in 2003 as a funding tool for trauma care centers and transportation projects. The program established a system that assigns points to moving violations, and applies subsequent automatic surcharges to offenders.
Under the DRP:

• Points are accumulated for moving violation convictions. For any consecutive three-year period in which a driver accumulates 6 points, he or she is assessed a $100 annual surcharge that is imposed annually until such time as his or her point total drops below 6. Each additional point on a driver's record will cost an additional $25 a year;
• Under the program, driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense. Each subsequent conviction carries an additional $1,500 annual surcharge;
• Driving without a license carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450. Driving with an invalid license would cost a driver $150, plus a $250 annual surcharge, making the total violation $900;
• Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000; and

Should a driver commit one of these latter two violations again within that three years, they would be assessed an additional annual surcharge.

Critics of the program argue that many Texans affected by these automatic surcharges are first-time offenders, students, single parents or low-income families, who are faced the choice of either complying with the law or paying for their education, rent food or emergency expenses like car repairs or medical bills. Others simply opt not to pay, and as of April 2010, 1.2 million Texans owed the state more than $1 billion in unpaid surcharges.

For proponents of the DRP, whatever money has been collected through the program has been a godsend. Quoted in the July 2010 issue of Texas Medicine Magazine, Dr. Ronald Stuart, MD, chair of the Trauma Stystems Committee of the Governor’s EMS & Trauma Advisory Council (GETAC) said, “The expansion of Texas trauma centers under the DRP has led to improved coverage of timely access to care when people need it the most. What we’re talking about is access and quality of care…[which is] why preserving the DRP and other funding programs is important.”

Dr. Stewart said that most trauma physicians and trauma facility administrators are sympathetic to the challenges inherent in the DRP and are willing to work to improve the program. “We’re not opposed to making the system better. We believe that in spite of its problems, the DRP is, in general, a fair and equitable way to pay for uncompensated trauma care in Texas.”

Dr. Stewart’s opponents, however, couldn’t disagree more.
With Texas’ varying DWI laws, Sen. Whitmire asserts prosecutors are recognizing that the surcharges imposed by the program are “a burden [defendants] can’t meet and they’re allowing them to plead to something other than DWI.” He voiced concern that the absence of a formal DWI charge would hide an individual’s first drunken-driving offense, allowing him to avoid enhanced penalties if he offends again.

In Harris County, for example, District Attorney Pat Lykos’ office allows defendants facing drunken driving charges for the first time to plead guilty to DWI with the option of completing a strictly probated program, after which the conviction can be wiped off their record. And in Bexar County, District Attorney Susan Reed dealt with a backlog of cases by allowing first-time DWI offenders to plead instead to a charge of “obstruction of a highway—intoxication”. Both options allow the accused to avoid the DRP-imposed surcharges.

Perhaps the only thing that parties on either side of the debate can agree on is that the DRP is not perfect, and as such, the Senate Transportation and Homeland Security Committee, headed by Sen. John Carona, R-Dallas, has been given the responsibility of vetting it before the 2011 legislative session. The Texas Department of Public Safety (DPS) is also working on new rules for the program to ease the surcharges for lower-income drivers.

Until such time that the existing surcharges are reduced or eliminated, being charged with DWI anywhere in Texas can have serious and life-changing consequences.

Red Light Cameras A Hot Topic in Houston

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

The topic of red light cameras in Houston has been a hot one since the City began employing them at major intersections on September 1, 2006. Proponents of the program hold that its main purpose is to decrease the number of red light runners and reduce collisions, while those in opposition argue that it’s aimed at making money for municipalities rather than improving traffic safety.


According to the Houston Police Department (HPD) website, “Red light running is the leading cause of urban crashes. In 2004, more than 900 people were killed and an estimated 168,000 were injured in crashes that involved red light running.” Furthermore, Houston-Galveston Area Council data indicate that red light accidents in the Houston area account for approximately $225 million per year in total comprehensive cost.

At present, Houston has 70 cameras positioned at 50 intersections around town. They photograph the license plates of cars running red lights, and contractor American Traffic Solutions sends registered owners a $75 civil ticket in the mail. Since the program began, more than 700,000 citations have been issued, resulting in $41 million in revenue.

Efforts are now underway to ban the cameras, with dissentients seeking to put the matter to public vote in November. A petition is being circulated by Citizens against Red Light Cameras to collect the 20,000 signatures needed to get the issue on the ballot. Those in opposition believe that red light cameras actually increase auto accidents when drivers break sharply at intersections, and disagree with the fact that the tickets cannot be contested using due process.

On the other side of the debate, a political committee called Keep Houston Safe has been formed to defend the program. An opinion survey commissioned by the group found that two thirds of likely Houston voters back the system, with that support consistent across political, racial, and socioeconomic lines. Seventy-seven percent of respondents agreed that cameras were a reasonable way to curb red-light runners, and 71 percent believed that the cameras make Houston safer.

Though use of red light cameras is growing across the country, Houston may be a doyen in reversing the trend. If the issue is brought to public vote in November, the fate of the program  will be in citizens’ hands.

Texas Commercial Driver’s License (CDL) FAQ’s

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

HOUSTON—A Commercial Driver’s License, or CDL, is required for the operation of any type of commercial vehicle that has a gross vehicle weight rating (GVWR) of more than 26,000 lbs; transports hazardous materials that require warning placards under Department of Transportation regulations; or that is designed to carry 16 or more passengers, including the driver. Some examples of vehicles that require a CDL to operate are tow trucks, tractor trailers and buses.


In accordance with the Commercial Motor Vehicle Safety Act of 1986, all states are required to comply with certain standards in regards to the licensing of commercial motor vehicle (CMV) drivers. Texas driver licensing standards comply with the law, requiring CMV drivers to obtain a Texas CDL when driving applicable vehicles. A CDL license can only be issued in the driver’s state of legal residence, and any driver possessing a CDL cannot have a driver’s license in any other state. Read on for the answers to the most commonly asked about obtaining a Texas CDL.

1. What are the eligibility requirements to obtain a Texas CDL?

·  You must be 21 years old. (18 years if all commercial driving is done within Texas, no hazardous materials requiring placarding are transported, and no double- or triple-trailer rigs are employed.)
·  You must be physically capable of obtaining a valid medical examiner’s card before taking any CDL skills test.
·  You must qualify for the license based on their driving record. Any of the following will disqualify you from obtaining a Texas CDL:
o  Possession of a license from any state other than Texas
o  Current disqualification of commercial driving privileges in Texas or any other state.
o  Suspension, revocation, denial or cancellation of current driver’s license.
o  Any conviction of impaired operation of a commercial motor vehicle within the 24 months immediately preceding your application.

1. What steps must be taken to apply for a Texas CDL?

Present sufficient proof of identity. This consists of either one piece of primary identification, two pieces of secondary identification, or multiple pieces of supporting identification. The first two categories are clear-cut, but supporting ·  identification will be accepted only at the discretion of the license examiner. (See question 7 for further details on documentation.)
·  Provide proof of your Social Security number.
·  If you own your own commercial vehicle, proof of registration and liability insurance must be provided.
·  You must complete the necessary application forms at the Department of Motor Vehicles (DMV) office. These forms may vary depending on the types of endorsements you seek.
·  Pay the required fee. Each special endorsement and any related testing may require its own fee. (See question 4 for more information on endorsements.)
·  Pass the vision exam.
·  Pass the written tests, including any special testing for the various available endorsements.
·  Pass the skills test (driving test) in the vehicle of the type for which you will be licensed. You must provide this vehicle.
·  Have your photograph and fingerprints taken at the DMV office.

1. What do the terms “Class A”, “Class B”, and “Class C” denote on a Texas CDL?

·  “Class A” licensing allows you to operate vehicles that tow trailers, or other vehicles with a GVWR over 10,000 lbs. This license also allows you to operate “Class B” and “Class C” vehicles.
·  “Class B” licensing allows you to operate single vehicles with a GVWR over 26,000 lbs, or towing trailers/vehicles rated at 10,000 lbs GVWR or less. This license also allows you to operate “Class C” vehicles.
·  “Class C” licensing allows you to operate vehicles with a GVWR under 26,000 lbs that would normally not require a CDL, except when they are designed to transport 16 or more persons, including the driver; carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation; or carry hazardous materials in amounts requiring placarding. Applicable endorsements are required.

1. What are Endorsement Codes and when are they required on a Texas CDL?

·  Endorsements are necessary for certain commercial driving requirements as follows:
o  (T) Double or Triple Trailers. For vehicles pulling more than one trailer
o  (P) Passenger. For vehicles that are designed to carry 16 or more people including the driver; or those that carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation.
o  (N) Tank Vehicles. For vehicles designed to haul liquids or liquefied gases in bulk in permanently mounted tanks or portable tans rated at 1,000 gallons or more.
o  (H) Hazardous Materials. For vehicles carrying hazardous materials in amounts requiring placards.
o  (X) Tank Vehicles (N) carrying Hazardous Materials (H).

1. What is the difference between an interstate CDL and an intrastate CDL?

·  An intrastate CDL is one that is valid in Texas only. The requirements for these licenses are less strict than the federally controlled interstate licenses. Intrastate drivers are not required to speak English; not held to the same medical standards; and can obtain a license at the age of 18. Drivers with disabilities may also qualify at the intrastate level, as there are some exemptions available for those missing limbs or whose vision is impaired.
·  Interstate drivers are permitted to drive across state lines, but must be at least 21 to obtain a license.

1. What vehicles are exempt from requiring a Texas CDL to operate?

·  Vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; not used in the operations of a common or contract motor carrier; and used within 150 air miles of the person’s farm.
·  Fire-fighting or emergency vehicles necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire-fighter.
·  Recreational vehicles that are driven for personal use.
·  Military vehicles, when operated for military purposes by military personnel.
·  Vehicles that are owned, leased, or controlled by an air carrier, as defined by Texas Transportation Code (TRC) section 21.155.
·  Vehicles used exclusively to transport cotton modules or cotton burrs.

1. What constitutes “sufficient proof of identity” when applying for a Texas CDL?

·  Primary identification documents include a Texas driver’s license or identification card. These must be either current or within two years of the indicated expiration date. A valid (unexpired) U.S. passport is also considered primary identification, as are naturalization certificates showing verifiable data and a photograph, any other type of U.S. Immigration and Naturalization Service (INS) documents with verifiable data and a photograph, or an unexpired U.S. military identification card. Older INS documents might not include current information or a photograph, and these will not be accepted as primary identification in Texas.
·  Secondary identification documents include original or certified copies of a birth certificate, unexpired driver’s license, or ID card from other U.S. states or Canadian provinces. Also acceptable is any official court order showing full birth information.

Supporting identification is a vague category, and the acceptance of these documents is at the discretion of the licensing employee examining them. Supporting documents include, but are not limited to: School records, insurance policies issued at least two years prior to the time of application, vehicle titles, military records, a current military dependent identification card, original or certified marriage licenses or divorce papers, voter registration cards, Social Security cards, pilot’s or concealed handgun licenses, or a Texas driver license temporary receipt. Consideration may also be given to expired driver’s licenses or identification cards from the U.S. or Canada, as long as they are within two years of the expiration date, foreign passports, and any other consular documents.

Points on Your License:
The Texas Driver Responsibility Program Explained:

A Brief History and Overview:

Not so long ago, Texas envisioned a driver’s point system as a consistent mechanism to keep track of bad drivers. “Points” would be assigned to an individual’s driving record for certain traffic violations, and individuals who accrued too many points would be penalized as a result. Then, as with many things, the aforementioned “envisioned” point system was recognized as an expedient method to generate revenue for the state, and the Texas Driver Responsibility Program was officially adopted by the state legislature [TRC § 708; Article 10, House Bill 3588, 78th Legislative Session]. In other words, with this Program, Texas now tracks drivers’ traffic violations, assigns points to those drivers’ records, and then assesses fines to drivers who accrue or exceed a certain number of points.



The Point System and How it Works:

The Texas Driver Responsibility Program assigns “points” to the driving records of drivers who commit Class C Misdemeanor Moving Violations. Below is a list of how many points are assigned for these types of violations:

Point Assignments:

·  3 points are assigned for any moving violation resulting in an accident;
·  2 points are assigned for each moving violation in Texas or any other state;
[Moving violations are defined by 37 TEX. ADMIN. CODE §15.89, which includes a list of those violations that will be assigned points.]
[No points are assigned for a moving violation for speeding if the driver was found to have not exceeded the posted speed limit by more than 10%.]
·  2 points are assigned for each child safety seat violation;
[No points are assigned for adult seat belt violations.]
·  Points accrued remain on the driver’s record for a period of three years from the conviction date of the violation. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.
More egregious violations do not accrue points, but are rather automatically penalized as conviction-based surcharges: Drivers who receive a conviction for any of the following offenses that occur on or after September 1, 2003 are required to pay an annual surcharge for three years from the date of conviction. [It is important to note that Conviction-Based Surcharges are cumulative. As such, a driver convicted for DWI would be assessed a $1000 fine annually for three years from the date of conviction, and a subsequent DWI conviction for the driver within the same three-year period would result in the assessment of an additional $1500 fine annually for three years from the date of the conviction].
Conviction-Based Surcharges

For DWI, Intoxication Assault, and/or Intoxication Manslaughter:

First-time offense:    $1,000 fine per year for three years
Second or subsequent offense:    $1,500 fine per year for three years
DWI with a BAC of 0.16 or higher:    $2,000 fine per year for three years

For Other Violations:

Failure to maintain financial responsibility:  $250 fine per year for three years
Driving while license invalid:   $250 fine per year for three years
Driving without a license:  $100 fine per year for three years

[All surcharges assessed for this program are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions.]
Important Notes
·  The Department of Public Safety reviews the driving records of all drivers annually for potential Assessment Surcharges;
·  When a driver accumulates 6 points within any consecutive 3 year period, the driver is assessed a $100 “surcharge” for the year that his point total reached 6 points;
·  For every point accrued thereafter, the driver’s assessment surcharge goes up by another $25 per point, with no upper limit on how high the driver can be fined;
·  If a driver’s record for any subsequent year continues to reflect six or more accrued points for the prior three-year period, the surcharge will be assessed. Therefore, a driver may be required to pay for one or more years if 6 or more points continue to be present on the driver’s record.
·  Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record.
·  If a driver fails to pay the assessment surcharge, his or her license is suspended, and additional fees will apply.
·  If a driver receives convictions for 4 or more moving violations in a 12 month period, or convictions for 7 or more moving violations in 24 month period, the driver will also have his license suspended.
 
    A CALCULATED EXAMPLE OF TEXAS RESPONSIBILITY PROGRAM FINES

As an example, the table below shows the “Texas Responsibility Program” fines for a Texas Driver who started driving in the year 2004 and who has to date incurred the convictions listed in the middle column.


YEAR                 CONVICTIONS/POINTS/CALCULATIONS                     FINE(S)
 
2004                  Speeding, 10 mph over the limit, 2 points;
                         Only 2 points; so no Assessment Surcharge                   $0.00

2005                  Moving violation (accident results), 3 points;
                         At 5 points, but still fewer than 6;
                         So no Assessment Surcharge                                         $0.00

2006                 Adult seat belt violation, 0 points;
                        Still fewer than 6 points;
                        So no Assessment Surcharge                                          $0.00

2007                 Moving violation (accident results), 3 points;
                        At 6 total points;
                        So there is a $100 Assessment
                        Surcharge for this year    
                        $100.00

2008                DWI, first offense, 0 points;
                       At only 3 points;
                       So no Assessment Surcharge for this year;
                       But a DWI conviction results in a
                       $1000 per year Conviction-Based
                       Surcharge for the next three years                              $1000.00

2009                3 Moving violations; 6 points;
                       At 9 points;
                       So there is a $175 Assessment
                       Surcharge for this year,
                       Plus the second $1000 Conviction-Based
                       Surcharge from the 2008 DWI                                   
                       $1175.00

2010               No Violations, 0 points;
                      At 6 points;
                      So there is a $100 Assessment
                      Surcharge for this year,
                      Plus the third $1000 Conviction-Based 
                      Surcharge from the 2008 DWI   
                      $1100.00
                                                                                                                               Hire An Attorney and Fight Every Traffic Violation to the End:

As the example above demonstrates, there is no upper limit to what you could pay in fines for traffic violations in Texas. For citizens who value their hard-earned money, the days of just “paying your traffic ticket and moving on” have changed. Agreeing to a traffic violation conviction can be costly, with more serious convictions, such as DWI, resulting in extremely high conviction surcharges.

So what can you do?

Always make sure to fight every traffic violation to the fullest extent of the law, and seriously consider hiring a traffic ticket defense attorney with the competence and experience to defend you against the charges you are facing.


Driver Notification of Surcharge and Driver License Suspension:

The Texas Department of Public Safety will notify by mail (to their address of record) drivers who have incurred a surcharge with the DPS. The notice will state that the surcharge must be paid within 30 days to prevent the suspension of driving privileges. Failure by the driver to comply with these surcharge requirements will result in a driver’s license suspension until the driver either pays all surcharges and related costs in full, or establishes and complies with the terms of a payment installment agreement with the Department.

Note: Drivers who have established a payment installment schedule with the Department will, as a courtesy, will receive monthly reminders with a payment coupon indicating the amount due and the remaining balance.  However, should a monthly reminder not be received, the driver is still responsible for making timely payments to prevent suspension of driving privileges.


Stay Up to Date on the Status of Your Driver’s License:

To avoid being surprised by unexpected fines from the State, make sure to check the status of your driver’s license by ordering a driving record report from the Department of Public Safety.

This report will show the current validity of your license, any pending revocations and/or suspensions, your current point total, and any information on any moving violations or accidents you have had.  Knowing the status of your driving record can help to motivate you to avoid further citations/charges.

Additional Information from the Department of Public Safety:

Who receives the money collected?

According to the Department of Public Safety, each surcharge collected by the Department under this law will be remitted to the Texas State Comptroller's office on a monthly basis.
The Trauma Center Fund and Texas General Revenue Fund receive 99% of the revenue collected, while the DPS receives the remaining one percent for the administration of the Driver Responsibility Program.

Contact Information:

To obtain information regarding your convictions, a copy of your driving record may be purchased by completing the appropriate application form and mailing to the Department of Public Safety with the applicable fee, or visiting the online service at:
www.txdps.state.tx.us

For full payment of a surcharge or to establish an installment agreement, please contact the Municipal Services Bureau by phone at 1-(800)-688-6882. The Municipal Services Bureau is the vendor responsible for the mailing of surcharge notices and collection of all fees.

If you have additional questions regarding the surcharge program, you may contact the Department of Public Safety Customer Service at the telephone numbers listed below:
(512) 424-2600 (English)
(512) 424-7181 (Spanish)