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 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.

I’ve Been Arrested on a Traffic Warrant—What Should I Do?

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.

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.

The True Cost of Failing to Appear

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.

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.

City of Houston Municipal court Fine and Bond schedule

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

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 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......