Mesquite Traffic Ticket Defense Attorney

Removing License Holds In Mesquite

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If you have a hold on your driver’s license due to outstanding tickets in Mesquite Municipal Court, get ready for a fight.  Mesquite Municipal Court is not currently following the law when it comes to removing the hold immediately after the warrant is removed and you need to be patient with any attorney you choose to hire to help you with the issue.  This article is intended to outline the current state of the law and how to get a driver’s license hold lifted in Mesquite.  If you would like to discuss the violation with our experienced staff of Mesquite ticket attorneys feel free to contact us today.

 

Texas Transportation Code Section 706

Texas Transportation Code Chapter 706 outlines when a hold should be removed from driver’s license.

Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT.  (a)  A political subdivision shall immediately notify the department that there is no cause to continue to deny renewal of a person’s driver’s license based on the person’s previous failure to appear or failure to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court in a matter involving an offense described by Section 706.002(a), on payment of a fee as provided by Section 706.006 and:

(1)  the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose;

(2)  the dismissal of the charge for which the warrant of arrest was issued or judgment arose;

(3)  the posting of bond or the giving of other security to reinstate the charge for which the warrant was issued;

(4)  the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or

(5)  other suitable arrangement to pay the fine and cost within the court’s discretion.

(b)  The department may not continue to deny the renewal of the person’s driver’s license under this chapter after the department receives notice:

(1)  under Subsection (a);

(2)  that the person was acquitted of the charge on which the person failed to appear;  or

(3)  from the political subdivision that the failure to appear report or court order to pay a fine or cost relating to the person:

(A)  was sent to the department in error;  or

(B)  has been destroyed in accordance with the political subdivision’s records retention policy.

 

The requirement is two-fold upon the defendant.  First, they must get the warrant lifted.  Removing a warrant is normally done by an experienced attorney and can be researched further by clicking here to read our warrants removed article.  After the warrant is removed, the defendant must then pay the required fee as stated in the following code section:

• Sec. 706.006.  PAYMENT OF ADMINISTRATIVE FEE.  (a)  A person who fails to appear for a complaint or citation for an offense described by Section 706.002(a) shall be required to pay an administrative fee of $30 for each complaint or citation reported to the department under this chapter, unless the person is acquitted of the charges for which the person failed to appear.  The person shall pay the fee when:(1)  the court enters judgment on the underlying offense reported to the department;(2)  the underlying offense is dismissed;  or

  (3)  bond or other security is posted to reinstate the charge for which the warrant was issued.

  (b)  A person who fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner the court orders shall be required to pay an administrative fee of $30.

  (c)  The department may deny renewal of the driver’s license of a person who does not pay a fee due under this section until the fee is paid.  The fee required by this section is in addition to any other fee required by law.

The problem is that Mesquite Municipal Court thinks that they don’t have to remove the hold until a motion is filed.  This is not true.  The hold shall be lifted immediately under the current law after the payment is made.  There should be no need for a motion under the law.  The reason why the law was written the way it was is because courts were holding driver’s licenses hostage in an effort to collect money from them and people were losing their jobs.  To balance equity with the requirement to properly handle the tickets, the legislature decided to err on the side of caution and allow defendants to get the hold removed immediately so as to avoid job losses.  Why Mesquite Municipal Court does not want to follow the law or see the equity in the law is a mystery.  However, the bottom line is that you are going to need legal help to get the job done right.  Contact our office today if you have this issue.  We would be glad to fight for you.