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......

How do I find a good lawyer?

Home | Personal Injury | Traffic Tickets | Family Law | Criminal Defense |Get Informed

With so many lawyers out there, how should you go about finding a good one? How can you tell a strong lawyer from a weak one? You need solid legal advice, and you want the right attorney. Do not, we repeat, DO NOT just open the phone book, close your eyes, and point to a name. Here are some guideposts to help you.

A good lawyer is ethical.

You're probably laughing right now. Can the words "ethics" and "lawyer" exist in the same sentence? Actually, it is possible, and you should absolutely insist on it. But how can you tell if a lawyer is ethical? There are some pretty good indicators.

What types of cases does he take? Lawyers have a choice about which cases they take. Look at her winning cases as well as the losing ones. No lawyer wants to lose a case, but an ethical lawyer will often be willing to take a case because it is the right thing to do and fight to the very end.Look at whether the lawyer actually tries the cases he takes in court or whether he just gathers cases for others. Ask the attorney when he last went to trial. Ask him how often his cases settle and how often his cases make it to a jury. Be sure that the lawyer specializes in your type of case. You really don't want a tax attorney to represent you in your personal injury case. An ethical attorney will only take cases in her area of expertise.

What types of clients does he represent? Does he represent big corporations or everyday people? Does he fight for the underdog? Does he hold wrongdoers accountable for their behavior?

Is he honest? Is she candid about the strengths and weaknesses of your case? A good lawyer will almost never tell her clients that the case is a "slam dunk." Those types of cases are extremely rare. Moreover, is he honest about his own strengths and weaknesses as an attorney? A good lawyer will tell you if he's particularly good in one area, but that he may ask his partner to help out in another area. He knows that two heads are better than one, and he can be honest about it. Is the lawyer truthful about his fees and costs? He should tell you what his services will cost, and there should not be any hidden fees.

What is the lawyer's reputation in the community? Is he known for his honesty, his pro bono work, his strong relationships in the legal and general community? Google the lawyer's name. See what comes up. Look for newspaper articles, websites and blogs. Make sure the attorney is in good standing with the state. Any sort of disciplinary action is a red flag. Ask around the community. Does the lawyer have a good name around town? Have any of your friends or acquaintances had experiences with him? Check his references.

A good lawyer values you as a person.

Does he look you in the eye when he's talking with you? Are you treated as a person or as just some client? Does the lawyer remember personal information about you, including your spouse's or children's names? Do you actually get to meet with him personally, or are you always sent to talk with a secretary? A good lawyer will make time for you and will return your phone calls quickly. Does he show that he understands that you have a unique situation that is quite unlike anyone else's? Has he shown that he respects your time and obligations, or does he talk on and on? Remember, a good lawyer will listen at least as much as he speaks.

Trust your gut.

It all really comes down to trusting yourself. Ask yourself: Do I like the guy? How does he treat his office staff? Do I trust this guy? Does it feel like he's trying to sell me the Brooklyn Bridge? If you don't like how you feel at that first meeting, chances are that it's not going to get any better. Listen to that little voice inside - odds are, you're exactly right.

How do I know if Sullo & Sullo is right for me?

Please browse our site and give us a call. We'd like to answer any questions you may have. Give your gut a chance to test our ethics and people skills.

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.