Driver Responsibility Law

Home | Criminal Defense | Traffic Tickets | Legal Articles

Driver Responsibility Law

Points system The Driver Responsibility law (TRC § 708; Article 10, House Bill 3588, 78th Legislative Session) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s driver record as follows:

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.

Points accrued remain on the driver record for a period of three years from conviction date. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.

Points surcharge
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The surcharge assessment will be reviewed annually. If driver record continues to reflect six or more points during the prior three-year period, the surcharge will be assessed. Therefore, drivers may be required to pay for one or more years if six or more points continue to accumulate on the driver record. The driver is required to pay a $100 surcharge for the first six points and $25 for each additional point. Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record.

Annual surcharge for certain convictions
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.

1. Driving While Intoxicated (DWI), or a DWI-related offense.
1. First Conviction - $1,000 annual surcharge
2. Second or subsequent Conviction - $1,500 annual surcharge
3. DWI with Blood Alcohol Content .16 or greater - $2,000 annual surcharge

2. Failure to Maintain Financial Responsibility
1. $250 annual surcharge

3. Driving While License Invalid
1. $250 annual surcharge

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).
1. $100 annual surcharge

Surcharges, which are cumulative, are automatically assessed for these convictions and do not accrue points. Therefore, an initial conviction for DWI will be assessed $1000 annually, and a subsequent DWI conviction within the same three-year period will be assessed an additional $1500 annually.

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.

Driver notification of surcharge and driver license suspension
The driver will be notified by mail to the address on record with DPS of the assessment of a surcharge. The notice will state the surcharge must be paid within 30 days to prevent the suspension of driving privileges. Upon suspension for failure to comply with the surcharge requirements, driving privileges remain suspended until the person establishes an installment agreement, or pays in full all surcharges and related costs, such as service/collection fees.

As a courtesy, individual's establishing an installment agreement will receive monthly reminders with a payment coupon indicating the amount due and the remaining balance. Should a monthly reminder not be received, the driver is still responsible for making timely payments to prevent suspension of driving privileges.

Who receives the money collected
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 and Texas General Revenue Funds receive 99% of the revenue collected, while 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 application form and mailing to the Department with the appropriate fee, or visiting the online service.

ANATOMY OF A TRAFFIC CASE IN TEXAS

Home | Criminal Defense | Traffic Tickets | Legal Articles

The vast majority of Texans have, at some point in their lives, received a ticket for a traffic violation. Unlike most other violations of the law, a traffic ticket doesn’t bear the same stigma of criminality and is often viewed as a minor offense that even the most law-abiding citizens may be guilty of on a frequent basis. However, don’t let the prevalence and the commonality of a traffic ticket fool you. Trying to resolve a traffic ticket in Texas is at best an annoyance, and at worst, a convoluted maze of red tape that can have you banging your head against the wall in no time. From the moment you see the red lights flashing in your rearview mirror and hear the dreaded siren, you enter the confounding world of Texas traffic law.

While not considered a serious offense by most people, many Texans don’t realize that a traffic violation is still a criminal offense in the state of Texas. The list of possible traffic violations that you can be guilty of in Texas seems endless: speeding, speeding in a construction zone, speeding in a school zone, running a red light, failing to signal, failing to yield to right of way, loud muffler, expired registration/inspection, driving without a valid driver’s license etc. (maybe here we can add a link that people can click on to see the sheer variety of cases that they could be charged with). The list goes on and on. Each type of case has varying degrees of repercussions and different methods of resolution. For example, a speeding or moving violation may result in a fine, put negative points on your driving record, or raise your insurance rates. Other, more straightforward violations such as expired registration can be dismissed with a ten dollar dismissal fee if you update your registration within ten days

Considering how varied the steps can be to resolve each type of case, it is not surprising that many people find dealing with a traffic ticket a very stressful process. That is where Sullo & Sullo can step in to relieve that stress and confusion. We are a law firm that specializes in traffic ticket defense and you can have peace of mind knowing that only the most experienced and thorough attorneys who are skilled in traffic law are managing your cases. While it would be impossible to discuss all the nuances of traffic procedure and traffic law, we would like to provide a general overview of the anatomy of a typical traffic case. This step-by-step guide to how traffic cases work in Texas is a service provided to you by Sullo & Sullo to help demystify the process for all our clients.

At the scene of the alleged violation

Let’s begin with the cardinal rule of traffic stops. When you see the flashing red lights behind you, make sure that you pull over quickly. As you roll down the window full of anger at the realization that this police officer is going to make you late to your very important meeting, just roll down that window and bite your tongue. The biggest mistake that people often make when they are pulled over is talking too much. Listen to what the officer has to say, nod your head, and be pleasant. No matter how much you are tempted to do it, the golden rule is: DO NOT ARGUE WITH THE POLICE OFFICER.

We cannot emphasize that enough. There are two very important reasons why saying too much to the officer is not a good idea. The obvious one is that you don’t want to anger an officer who has your ticket in his hands. He can make the process of receiving a ticket very unpleasant for you. The second reason, and the one that many people don’t realize, is that the more you say and do, the more likely it is that the officer will remember you. The moment he pulls you over, the officer is making a mental note of your attitude and if you begin to argue, you can be sure that he is writing everything you say down on his copy of your ticket. The ones that the officers usually don’t remember are the ones that are pleasant and don’t say much. This is one of those rare situations in life where you want to be completely boring and forgettable.

Once the officer hands you your ticket and drives off, don’t crumple your ticket and stuff it in your glove compartment or deep into your pockets. Although you may be seething at the audacity of the officer to pull you over when you clearly didn’t violate any traffic law, don’t let your anger cloud your judgment. That piece of paper is a legal document and happens to have on it a very important date. If you read your ticket closely, you will discover that you have just signed a promise to appear at your arraignment date.

Hiring a Houston Attorney in Traffic Court

Home | Criminal Defense | Traffic Tickets | Legal Articles

What are the Benefits to Hiring a Houston Attorney in Traffic Court?

After getting over the initial inconvenience (and perhaps injustice) of being pulled over and given a traffic citation, you then have to decide how you are going to handle your ticket. For those who do not have the time to go to court or research Texas traffic law, it is an easy choice: hand the ticket over to an attorney who specializes in violations in traffic court. Others, however, may feel that they can handle the traffic citation on their own. Besides, they may wonder, it’s only a minor traffic offense. How difficult and complicated could it be?

If your only concern is taking care of the ticket, then you can hand over your hard-earned money to the city of Houston. They will be happy to take your money from you any day of the week. You can mail in a payment and the ticket will be resolved with points going against your driving record. However, if you are not eager to give up your money to the city, care about your driving record, and want to get the best deal possible, it’s always a good idea to hire an attorney. Here are some of the top reasons why you should hire a Sullo and Sullo attorney to handle your traffic ticket.

1. Your attorney keeps you informed.

One of the biggest benefits of having a Sullo and Sullo attorney with you in traffic court is that your attorney will keep you informed. For the ordinary law abiding/breaking citizen, traffic court often appears to be a mysterious milieu: attorneys are walking around the courtroom talking to different players; various defendants are approaching the bench at different times to speak to the judge; police officers are walking in and out of the courtroom signing mysterious sheets of paper; and bailiffs are yelling at everyone to lower their voices and follow courtroom rules. With an attorney by your side, you can remain confident that you know the rules of the court, how your case is being handled, and how the day will unravel. You will look around and see many frustrated faces, and some dazed and confused faces. But you can sit back and relax, knowing that your attorney has just informed you of all the ins and outs of courtroom procedure and protocol.

2. Your attorney knows what gets a traffic case dismissed in court.

Many people have the misperception that traffic cases are only dismissed when an officer does not show up to court. However, there are many different angles through which a traffic case can be dismissed pre-trial. When you hire Sullo and Sullo to handle your case, you can be confident knowing that your attorney has exhausted every possible means of dismissal. From finding legal and factual mistakes on the drafted complaint to talking to the prosecutor and officer about any possible mitigating factors, your attorney will work every angle of the case with the goal of pre-trial dismissal.

3. Your attorney knows the rules of evidence and traffic laws.

If your case does end up going to trial, you will be heavily disadvantaged if you do not have an attorney advocating on your behalf. Probably one of the most important reasons to have an attorney with you in traffic court is the attorney’s knowledge of the rules of evidence and the convoluted traffic laws of the state of Texas. While this knowledge is helpful in pre-trial matters, it is critical during the trial stage. Even the most highly-educated, well-meaning defendants fail miserably when going up against a seasoned attorney in trial. Pro se defendants often do not know how to conduct an efficient voir dire, when and how to deliver certain portions of their case at large, and how to conduct a debilitating cross examination. Also, many defendants arrive to court very well prepared armed with graphs, pictures and other evidence. They are often perplexed and stunned when the judge prevents them from showing any of the evidence to the jury because none of the items have been properly introduced in accordance with the rules of evidence. Don’t let yourself become one of these unfortunate people who are left wondering, “Why didn’t I just hire an attorney?” You wouldn’t operate on yourself if you discovered you needed gastric bypass surgery. Instead, you would seek the services of a skilled professional in that area. So, without the legal background and education of an attorney, why would you litigate a case on your own?

4. Your attorney knows the court system.

Every Sullo attorney knows the game and how it’s played in traffic court. Our attorneys who specialize in traffic tickets are in the traffic trenches every day of the week. They are a part of the every day routine and see the inner workings of the court system. Your attorney will know which prosecutors are the best to work deals with and which prosecutors are the best to try cases against. Your attorney will also know the nuances of each judge and tailor his/her trial tactics accordingly. Do not underestimate the value of your attorney’s every day interaction with and exposure to all the courtroom players. Your attorney will take this vault of information and guide you through the strategy for your specific case. You will quickly know what will get you in trouble with the bailiffs in certain courts, and what you should say and what you should not say. Having an attorney with this wealth of knowledge by your side is an invaluable asset.