What is a Capias Warrant?

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.

Avoiding an Arrest in Texas by Posting a Bond

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.

How to Beat a Traffic Ticket in Court

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.

How to Find Out if You Have an Arrest Warrant

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.

How Failing to Appear Can Turn You into a Fugitive

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.

Little Understood Fact—Traffic Tickets are Criminal Cases

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. 

Posting a Bond in Order to Lift an Outstanding Warrant

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.

What to Do When Your Bond Has Been Revoked

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.

Why You Should Never Ignore a Traffic Citation

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. 

Why You Shouldn’t Pay Old Tickets Simply to Avoid a Warrant—and What You Should Do Instead

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.

High-Speed Chase Ends on Dallas Love Field Runway

DALLAS—An hour-long police chase late last month ended in the arrest of a suspect wanted in connection with several robberies in the Dallas area. Michael Lawrence Brown, 46, was taken into custody next to one of Love Field airport’s busiest runways after leading police on a high-speed chase through the city. 

Police said that a gray Chevy pickup, which had been stolen at knife point from the Sheraton Hotel in Fort Worth, was spotted at an apartment complex in the area of Preston Road and Belt Line Road in north Dallas around 2:30 p.m. on Thursday, August 19. This started a chase that ran down the service roads of Central Expressway. 

After heading through neighborhoods and even traveling south into the downtown area, Brown turned the pickup truck northbound and wound up at Love Field. 

With no other way to go, he easily smashed through a security gate off of Aviation Place and found himself on the tarmac not far from nine Southwest passenger jets. But he didn’t stop there: Brown drove east over an active runway (31R) before turning and continuing up the taxiway. He crossed Runway 18 and was boxed in by four cruisers and an unmarked police truck, then was forced onto the grass north of Runway 18 in between the taxiway and Runway 13L. One officer used a pit maneuver to force the truck into a spin, and the chase was over. 

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.

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.

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.

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

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.   Read more

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].   Read more......

Why Should I Hire Sullo & Sullo Attorneys to Fight My Traffic Ticket?

Have You Recently Received a Traffic Ticket and Don’t Know What to Do?

If you have recently received a traffic ticket and you are trying to make a decision about who to hire to fight the charges against you, you have come to the right place. The Law Firm of Sullo & Sullo has provided some helpful information below to assist you in making an informed decision about your case:

You Have a Lot at Stake – Don’t Trust Just Anyone!

TRAFFIC VIOLATIONS IN TEXAS ARE A SERIOUS MATTER. IN ADDITION TO THE POTENTIAL ASSESSMENT OF HEAVY FINES, THESE VIOLATIONS CAN HAVE SERIOUS CONSEQUENCES, INCLUDING, BUT NOT LIMITED TO:

Loss of Your Driver’s License

Traffic violations can result in the suspension and/or loss of your driver’s license. The Texas Department of Public Safety adds points to your license for most traffic violations. It only takes a small number of violations to result in enough points to cause the loss of your license.

Higher Insurance Rates

Traffic violations can significantly raise your insurance rates. Current insurance law allows companies to impose major increases in premiums for those individuals convicted of traffic violations, sometimes by as much as fifty percent (50%).

Loss of Employment

Commercially licensed drivers in the state of Texas are at risk for losing their employment if they receive a traffic citation. This is because employers of commercial drivers are subject to insurance rate increases based on their drivers’ records. Employers have an incentive to employ and retain drivers with driving records that are clean and to terminate and remove drivers driving records that are not.

 

Anatomy Of A Traffic Case In Texas

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     Read more......