When a person’s driver license has been suspended for being convicted of too many traffic violations, that is referred to as a habitual violator suspension. This article is intended to assist those that have been issued a notice of suspension for too many traffic ticket convictions. If you would like to talk with our staff after reading this article about your driver license suspension issue, feel free to contact our office at 214-321-4105.
Understanding The Basics Of A Habitual Violator Suspension
There are 2 basic categories of suspension actions for getting too many traffic ticket convictions. Those two categories are:
- Getting 4 or more traffic ticket convictions in less than a year.
- Getting 7 or more traffic ticket convictions in less than 2 years.
Once a person reaches these thresholds they will receive a notice of suspension from DPS.
How A Person Reaches The Threshold For Suspension
In most cases, a person is not getting 7 or traffic tickets in a 2 year period. Usually, what is happening is that a person is issued a ticket and simply cannot afford to resolve it at the time that it is issued. This may happen over a 10 year period or longer. However, once the person is able to afford to resolve the tickets, they will usually just pay them all off without thinking about the impact it will have on their record. In Texas, paying off an old traffic ticket causes a conviction on your permanent record. If a person pays off 3 or 4 old tickets all at once, then they have made a huge mistake. This mistake leads to DPS thinking that a person has been convicted of multiple traffic offenses all at once.
Remember, DPS calculates the date of conviction, not the date the citation was issued. For example if a person received a ticket 10 years ago, another ticket 9 years ago and 2 more tickets 5 years ago and pays all of those old tickets off today, then the conviction for all 4 tickets begins today, not on the date the citation was issued. We commonly see this scenario when people take their income tax money and pay off all their old tickets. Don’t make this mistake. Once a ticket goes past due, you will need the assistance of a lawyer to resolve the cases without the citations impacting your record and driving privileges.
What To Do Once You Get Notified of A Driver License Suspension
If you do get a notice of suspension for traffic ticket convictions, you need to object to the suspension action immediately. Once an objection is made timely, then you will be afforded a hearing in the justice of the peace court closest to where you live. Make sure that your license is showing “eligible” in the DPS system prior to the hearing. If you need assistance determining if your license is eligible, our experienced attorneys and staff can assist you with this.
Our team of attorneys can also represent you at the hearing to ensure that you get the best possible defense to a driver license suspension. In most cases, judges will allow for a license suspension to be probated so long as the person agrees not to receive any new convictions during the probation period. Again, our attorneys can assist you at the hearing with making this request if needed.