Sunday, May 13, 2012

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].
Conviction-Based Surcharges

For DWI, Intoxication Assault, and/or Intoxication Manslaughter:

First-time offense: $1,000 fine per year for three years
Second or subsequent offense: $1,500 fine per year for three years
DWI with a BAC of 0.16 or higher: $2,000 fine per year for three years

For Other Violations:

Failure to maintain financial responsibility: $250 fine per year for three years
Driving while license invalid: $250 fine per year for three years
Driving without a license: $100 fine per year for three years

[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.]
Important Notes
· The Department of Public Safety reviews the driving records of all drivers annually for potential Assessment Surcharges;
· When a driver accumulates 6 points within any consecutive 3 year period, the driver is assessed a $100 “surcharge” for the year that his point total reached 6 points;
· For every point accrued thereafter, the driver’s assessment surcharge goes up by another $25 per point, with no upper limit on how high the driver can be fined;
· If a driver’s record for any subsequent year continues to reflect six or more accrued points for the prior three-year period, the surcharge will be assessed. Therefore, a driver may be required to pay for one or more years if 6 or more points continue to be present on the driver’s record.
· Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record.
· If a driver fails to pay the assessment surcharge, his or her license is suspended, and additional fees will apply.
· If a driver receives convictions for 4 or more moving violations in a 12 month period, or convictions for 7 or more moving violations in 24 month period, the driver will also have his license suspended.

    A CALCULATED EXAMPLE OF TEXAS RESPONSIBILITY PROGRAM FINES

As an example, the table below shows the “Texas Responsibility Program” fines for a Texas Driver who started driving in the year 2004 and who has to date incurred the convictions listed in the middle column.

YEAR                 CONVICTIONS/POINTS/CALCULATIONS                     FINE(S)

2004                  Speeding, 10 mph over the limit, 2 points;
                         Only 2 points; so no Assessment Surcharge                  $0.00

2005                  Moving violation (accident results), 3 points;
                         At 5 points, but still fewer than 6;
                         So no Assessment Surcharge                                      $0.00

2006                 Adult seat belt violation, 0 points;
                        Still fewer than 6 points;
                        So no Assessment Surcharge                                         $0.00

2007                 Moving violation (accident results), 3 points;
                        At 6 total points;
                        So there is a $100 Assessment
                        Surcharge for this year
$100.00

2008                DWI, first offense, 0 points;
                       At only 3 points;
                       So no Assessment Surcharge for this year;
                       But a DWI conviction results in a
                       $1000 per year Conviction-Based
                       Surcharge for the next three years                             $1000.00

2009                3 Moving violations; 6 points;
                       At 9 points;
                       So there is a $175 Assessment
                       Surcharge for this year,
                       Plus the second $1000 Conviction-Based
                       Surcharge from the 2008 DWI
   $1175.00

2010               No Violations, 0 points;
                      At 6 points;
                      So there is a $100 Assessment
                      Surcharge for this year,
                      Plus the third $1000 Conviction-Based
                      Surcharge from the 2008 DWI
                      $1100.00

Hire An Attorney and Fight Every Traffic Violation to the End:

As the example above demonstrates, there is no upper limit to what you could pay in fines for traffic violations in Texas. For citizens who value their hard-earned money, the days of just “paying your traffic ticket and moving on” have changed. Agreeing to a traffic violation conviction can be costly, with more serious convictions, such as DWI, resulting in extremely high conviction surcharges.

So what can you do?

Always make sure to fight every traffic violation to the fullest extent of the law, and seriously consider hiring a traffic ticket defense attorney with the competence and experience to defend you against the charges you are facing.

Driver Notification of Surcharge and Driver License Suspension:

The Texas Department of Public Safety will notify by mail (to their address of record) drivers who have incurred a surcharge with the DPS. The notice will state that the surcharge must be paid within 30 days to prevent the suspension of driving privileges. Failure by the driver to comply with these surcharge requirements will result in a driver’s license suspension until the driver either pays all surcharges and related costs in full, or establishes and complies with the terms of a payment installment agreement with the Department.

Note: Drivers who have established a payment installment schedule with the Department will, as a courtesy, will receive monthly reminders with a payment coupon indicating the amount due and the remaining balance. However, should a monthly reminder not be received, the driver is still responsible for making timely payments to prevent suspension of driving privileges.

Stay Up to Date on the Status of Your Driver’s License:

To avoid being surprised by unexpected fines from the State, make sure to check the status of your driver’s license by ordering a driving record report from the Department of Public Safety.

This report will show the current validity of your license, any pending revocations and/or suspensions, your current point total, and any information on any moving violations or accidents you have had. Knowing the status of your driving record can help to motivate you to avoid further citations/charges.

Additional Information from the Department of Public Safety:

Who receives the money collected?

According to the Department of Public Safety, 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 Fund and Texas General Revenue Fund receive 99% of the revenue collected, while the 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 appropriate application form and mailing to the Department of Public Safety with the applicable fee, or visiting the online service at:
www.txdps.state.tx.us

For full payment of a surcharge or to establish an installment agreement, please contact the Municipal Services Bureau at 1-(800)-688-6882. The Municipal Services Bureau is the vendor responsible for the mailing of surcharge notices and collection of all fees

If you have additional questions regarding the surcharge program, you may contact the Department of Public Safety Customer Service at the telephone numbers listed below:
(512) 424-2600 (English)
(512) 424-7181 (Spanish)

Author: Sullo & Sullo Attorneys

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