Traffic Ticket Defense Lawyers
214-321-4105
Thankfully, we have some good news as it relates to traffic tickets. The Texas Driver Responsibility Program will be going away for good in September of 2019. This law has hurt so many Texans as it pertains to keeping a valid license in the State that it is a breath of fresh air to hear that the program is going away. Under the old system, if a person were to receive certain violations, they would also be subject to a financial penalty of up to $780.00 that would have to be paid over a 3 year period. If the penalty was not paid, then it would cause that person’s license to be declared invalid. This would subject that same person to the possibility of arrest for driving while license invalid. So, it is good news to hear the program is being shut down. If you currently have surcharges, we suggest that you wait it out until September of 2019 in order get the benefit of the surcharges being abolished.
Texas Lawyers For Driver License Holds
Not All The News Is Good When It Comes To Surcharges Going Away
The trade off that had to occur in order to have the surcharge program go away was to increase the cost of court and fines for every day drivers. The surcharge program only applied to those that had multiple convictions, no insurance tickets, driving while license invalid charges, DWI’s and a range of other violations. This program didn’t apply to the majority of drivers. But occasionally, everyone does get a ticket. And for these people, the cost was increased to make up the difference of lost revenue. That is right. If you were in the category that got an occasional ticket, the cost of that ticket will now be increased by a minimum estimate of $25.00 to cover the lost revenue that was generated from the surcharge program.
What Does The New Law Actually Say?
The new law is contained in House Bill 2048 and reads in part as follows:
| SECTION 12. Sections 542.4031(a), (f), (g), and (h), | ||
| Transportation Code, are amended to read as follows: | ||
| (a) In addition to the fine prescribed by Section 542.401 or | ||
| another section of this subtitle, as applicable, a person who | ||
| enters a plea of guilty or nolo contendere to or is convicted of an | ||
| offense under this subtitle shall pay $50 [ |
||
| fine. The person shall pay the state traffic fine when the person | ||
| enters the person’s plea of guilty or nolo contendere, or on the | ||
| date of conviction, whichever is earlier. The state traffic fine | ||
| shall be paid regardless of whether: | ||
| (1) a sentence is imposed on the person; | ||
| (2) the court defers final disposition of the person’s | ||
| case; or | ||
| (3) the person is placed on community supervision, | ||
| including deferred adjudication community supervision. | ||
| (f) A municipality or county may retain four [ |
||
| of the money collected under this section as a service fee for the | ||
| collection if the municipality or county remits the funds to the | ||
| comptroller within the period prescribed in Subsection (e). The | ||
| municipality or county may retain any interest accrued on the money | ||
| if the custodian of the money deposited in the treasury keeps | ||
| records of the amount of money collected under this section that is | ||
| on deposit in the treasury and remits the funds to the comptroller | ||
| within the period prescribed in Subsection (e). | ||
| (g) Of the money received by the comptroller under this | ||
| section, the comptroller shall deposit: | ||
| (1) 70 [ |
||
| portion of the general revenue fund; and | ||
| (2) 30 [ |
||
| trauma facility and emergency medical services account under | ||
| Section 780.003, Health and Safety Code. | ||
| (h) Notwithstanding Subsection (g)(1), in any state fiscal | ||
| year the comptroller shall deposit 70 [ |
||
| received under Subsection (e)(2) to the credit of the general | ||
| revenue fund only until the total amount of the money deposited to | ||
| the credit of the general revenue fund under Subsection (g)(1) [ |
||
| for that year. If in any state fiscal year the amount received by | ||
| the comptroller under Subsection (e)(2) [ |
||
| the credit of the general revenue fund under Subsection (g)(1) | ||
| exceeds $250 million, the comptroller shall deposit the additional | ||
| amount to the credit of the Texas mobility fund. | ||
| SECTION 13. Section 601.233(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) A citation for an offense under Section 601.191 issued | ||
| as a result of Section 601.053 must include, in type larger than | ||
| other type on the citation, [ |
||
| “A second or subsequent conviction of an offense under the Texas | ||
| Motor Vehicle Safety Responsibility Act will result in the | ||
| suspension of your driver’s license and motor vehicle registration | ||
| unless you file and maintain evidence of financial responsibility | ||
| with the Department of Public Safety for two years from the date of | ||
| conviction. The department may waive the requirement to file | ||
| evidence of financial responsibility if you file satisfactory | ||
| evidence with the department showing that at the time this citation | ||
| was issued, the vehicle was covered by a motor vehicle liability | ||
| insurance policy or that you were otherwise exempt from the | ||
| requirements to provide evidence of financial responsibility.” | ||
| SECTION 14. Subtitle I, Title 7, Transportation Code, is | ||
| amended by adding Chapter 709 to read as follows: | ||
For a complete reading of the law click here.
Driver License Suspension Hearing Lawyer
What Does The New Law Mean For Driver License Suspension Issues?
The law as we read it, will not effect driver license suspension issues related to habitual violators of the law. Your license will still be suspended for driving without insurance or for driving while license invalid. However, the financial penalties attached to those convictions are not going to be assessed. So, don’t think you can drive any way you want without any consequences. The only consequence that is being abolished are the civil penalties related to the offense. The suspension issues will remain.
Is Your License Currently Suspended?
If you license is currently suspended, there may be options available to you in order to drive legally in the State of Texas. Our driver license suspension attorneys can evaluate your driving record to determine the reason for the suspension and what it will take in order to get it back in good standing. Call our office today to discuss your case further. 214-321-4105.
