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Suspended license in Texas finally getting noticed.

Discussion in 'BBS Hangout' started by Fatty FatBastard, Mar 14, 2007.

  1. Fatty FatBastard

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    Looks like this money-grab by Texas is starting to get the attention it rightly deserves. This law has been taken advantage of more than any in recent memory.



    http://www.khou.com/topstories/stories/khou070313_ac_suspendedlicenses.c071c31.html


    Look around. Of the drivers on the road near you, it is likely someone nearby is driving without a license.


    11 News

    In 2003, the Texas Legislature passed the Driver Responsibility Program. It was pushed as a way to raise money to help fund Trauma Centers by attaching a civil surcharge to several driving offenses, including driving without a license.
    Most of those folks are driving with a suspended license.

    “It’s basically a slap on the wrist for driving while suspended,” attorney Alex Waffin said.

    There have been the high profile cases: 21-year-old Michael Choate was running for a reason; his license was already suspended three times.

    After getting nabbed, he didn’t say much.

    “If the state truly believed that these were unsafe drivers, they would have allowed longer suspensions for certain offenses but this is clearly about money,” Waffin said.

    Lots of money.

    In 2003, the Texas Legislature passed the Driver Responsibility Program. It was pushed as a way to raise money to help fund Trauma Centers by attaching a civil surcharge to several driving offenses, including driving without a license.

    Initially in HB-3588, 96 percent of the funds would have gone to the trauma centers.

    But when the bill finally became law that had changed: 49 percent of the funds go instead to the General Revenue Fund, money that can be spent on anything.

    “Trauma funding is a legitimate need and we need to do something about funding trauma centers, but this is the wrong way to do it,” Waffin said.

    Michael Czichos Jr. knows all about the surcharge; he learned about it the hard way last August.

    “I was speeding and an officer pulled me over,” Czichos said.

    Instead he got a ticket for not having his motorcycle endorsement, paid the ticket and a month later: “I received a notice from the DPS that I was being charged a $104 surcharge,” he said.

    He’s far from alone.

    According to the State Comptrollers Office, the Driver Responsibility Program revenues totaled $36.8 million in fiscal 2005, $98.3 million in 2006, and $55.3 million through the first six months of fiscal 2007.

    That’s just the collected revenues from only 30 percent of the surcharge assessments.

    “There are a lot of Texans who just didn’t bother changing their address with DPS then got an uncertified letter from DPS at their old address and who still don’t know their license is suspended,” Waffin said.

    They’ll find out if they get pulled over, like Czichos.

    “That isn’t right,” Czichos said. “The state of Texas is dipping into something there that they have nothing to do with.”

    “If they want to make people pay for certain offenses it should be part of a criminal fine where people have a right to a jury trial,” Waffin said. “They have the right to work out a plea bargain, and if they can’t afford to pay it, they can either do community service or set it out in jail.”

    Instead many people get caught in a fine catch-22 with a cascading effect.

    Not paying the surcharge results in a license suspension, which generates another surcharge.

    Add to that there a plenty of non-driving related ways to lose your license, more ways tacked on each legislative session, all adding to the surcharge revenues.

    “They figured it is easier to collect the money by targeting people’s driver’s licenses,” Waffin said. “We don’t have debtors prisons in this country, but instead you take someone’s license and that is much worse.”

    A debt cycle.
     
  2. Aceshigh7

    Aceshigh7 Contributing Member

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    Hmm. I guess instead of getting upset about the situation, people could actually try being responsible, not driving with a suspended license, paying their fines when due, and not driving under the influence.

    Much better to be lazy and break the law and then complain about the hassle I guess.
     
  3. macalu

    macalu Contributing Member

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    aceshigh,

    didn't you get a ticket for squealling tires? i bet you deserved that. ;)
     
  4. IROC it

    IROC it Contributing Member

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    Thank you! Responsibility, people! ;)
     
  5. Fatty FatBastard

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    You didn't read the story, did you?

    As in my case, and apparently many others, my license was suspended for driving with an expired license, and not knowing about the surcharge.

    When it happened, I paid the fine that was on the back of the ticket, and had my license reissued. According to you, I deserved to go to jail and spend $1,800 dollars because neither I, nor my lawyer even knew about this surcharge at the time.

    Honestly dude, just shut up.
     
  6. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    I think he is saying not to drive with an expired license.
     
  7. Fatty FatBastard

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    uh huh. Wasn't that why I paid the fine? I'm pretty sure that is why it was written on the back of the ticket.

    Again, most people still don't know about these new surcharges, or what they will be imposed on. (as it said in the report, legislature keeps tacking new tickets onto this surcharge scam)

    As it also states, DPS does nothing more than send a letter to your address on file. If you don't get it, not their problem.

    Honestly, this has to be the largest money-grab I've ever seen, and it certainly seems unconstitutional. If they want to continually do this, the least they need to do is drop the charge on Suspended licenses from a Class "B" misdemeanor (same as first-time DWI offense) to a class "C". Of course, if Texas did that, the fines imposed on suspended licenses would come down.

    In the meantime, all of the sudden, thousands of people are getting criminal history records on their backgrounds.

    Simply unbelievable. Honestly, if y'all feel that not paying a surcharge after you've paid your fine should result in jail time and massive fees, not to mention something on your criminal record, you have issues.


    EDIT: Also realize this:

    Not showing up to court or paying a fine = Warrant for your arrest and an additional "Failure to appear charge".

    Paying your fine and not paying the surcharge regardless of whether you knew you had one = Suspended License.
     
    #7 Fatty FatBastard, Mar 14, 2007
    Last edited: Mar 14, 2007
  8. updawg

    updawg Member

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    keep your license up to date with your current address. you're supposed to.
    Ignorance of the law is no excuse.
    Is your lawyer Lionel Hutz?
     
  9. Fatty FatBastard

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    Most lawyers certainly weren't aware of it two years ago.

    And are you saying that paying your fine but not paying the surcharge should impose a more severe penalty than not paying at all?

    Texas could easily put a notice of the surcharge with every fine that imposes one after the fact. They aren't doing it. I wonder why.
     
  10. Aceshigh7

    Aceshigh7 Contributing Member

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    Damn you. :D

    Aces
     
  11. SamCassell

    SamCassell Contributing Member

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    DWLS cases, and no insurance cases (because they typically go hand-in-hand) should both be Class B misdemeanors. I really don't feel bad for people who can't keep their license current, when it's something you can do online or through the mail, once every few years. And most people who get those cases keep getting them over and over... they make no attempt at keeping things current.

    The fines are from the court. The surcharges are a fee from DPS, consider it part of what you pay to keep your license. I really wouldn't mind if they eliminated the surcharge and instead started imposing some real jail time (up to the maximum 1 year for a class A) for repeat violators. People might even take the law seriously then.
     
  12. Fatty FatBastard

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    Read the damn post before you reply. We aren't talking about no insurance violators, or repeat violators.
     
  13. SamCassell

    SamCassell Contributing Member

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    I love these threads where you complain about the law, man. I really do. You get all worked up and indignant. But still, I have alot more experience dealing with these cases than you do, and I can talk about whatever aspect of them that I want. You're not the post police.

    Speaking of the law, I love how people throw around phrases like
    You are responsible for keeping your address up to date with DPS, you are responsible for keeping your license current, and there's nothing unconstitutional about them charging an extra fee when you fail to do so.
     
  14. Uprising

    Uprising Contributing Member

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    I read the post...so don't say I didn't. And I don't have any sympathy to people who get slapped with the surcharges. If it's something like an expired license, or suspended license (from another reason) it's that person's responsibility to keep track of/ know what's up with their license etc. Take the "little" laws serious, or you'll be in for a lot more.
     
  15. Wangdoodle

    Wangdoodle Member

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    I had heard somewhere that the fees and penalties for driving on a suspended license are much more harsh than the fees for driving with no license at all, and that that's why illegal aliens are better off when they drive with no license.

    (don't know if that's true or not)
     
  16. Rocket G

    Rocket G Contributing Member

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    Could care less about the surcharges and such. And there's no freaking excuse to have an expired license to begin with. It's printed on your damn license. If you don't have the ability to calculate the expiration date or pay to renew it, you shouldn't be driving.

    If all of this somehow results from a DWI-type offense, it's still your attorney's responsibility to advise you as to what to do, and your responsibility to follow that advice so nothing bad happens.

    It's your traffic lawyer's responsibility to keep up with the law. If they can't demonstrate competency within that field of law, they shouldn't be practicing in it. If they give you bad advice, complain to the Bar.

    Anyway. The bigger problem is the State raping the trauma centers of the funding to dump it into the general fund. This is what should piss people off.
     
  17. thadeus

    thadeus Contributing Member

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    I had another thread about this - I got pulled over and found out my insurance wasn't valid last summer. I've been paying fees and fines ever since, and, as of right now, I have no idea whether my license is valid or not. I think it is, since I've paid for everything. But, since DPS now won't let me change the address on my license for yet another $100 "reinstatement fee," (that takes 7-10 weeks to process - which is strange considering it only took them 1 day to take the fee out of my account), I'm not aware.

    The article does not go about the underhanded manner in which DPS collects these fees and fines, and the purposive obfuscation in the entire process - it is written into the law that courts are not required to inform you of all these extra fees that you will be forced to pay. I suspect many courts are not even aware that the state is extorting money from people even after all the penalties have been paid and the case is, or should be, long over.

    The article does mention, however, that there is no appeals process, no way to combat these extra fines. In my case, the total fees and forms and compliance costs are going to end up being almost triple what I paid for the offense in court.

    Y'all worshipping state papers are free to congratulate yourselves on your great civic responsibility and your inherent superiority in following the dictates of Texas Driver's Law, but continually trying to recast this as solely an issue of personal responsibility is just petty. "Golly gee, if you had just been awesome and kept all your official papers in order like I do you'd have nothing to worry about! To bad you're not law-abiding like I am!"

    What's at issue here is that the state is doing a blatant, and uncontestable, bullying money grab in a very underhanded way - the punishment does NOT fit the crime, and they avoid that by making the Driver's Responsibility Program fees part of "administrative costs" instead of what they really are - punitive fees. This is essentially ignoring double-indemnity. And no lawyer is going to challenge the state on these costs, and even if one would, there's no way most people would be able to afford it.

    Since you good citizens have such fantastically complete driving files, would you be okay with the penalty for, say, failing to pay a separate registration fee on your tags to be $10,000 and suspension of your license (which requires an extra $100,000 reinstatement fee)? Would that be okay? Because people really should follow the law, and it's their own fault if they have to pay $110,000 to the state of Texas.
     
  18. Ziggy

    Ziggy QUEEN ANON

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    I can understand why so many of yall support it and say be responsible. But its CLEARLY a money grab. And that kind of thing pisses me off. Prevent the crimes, dont wait on em...

    Its like a speed trap, the cop is hiding somewhere to catch someone doing a crime. Why not just stop on the side of the road with their lights flashing. That way instead of catching a criminal they prevent the crime... Oh ya. Money...
     
  19. Wangdoodle

    Wangdoodle Member

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    Instead of running a speed trap, why don't you go bust a drug dealer or some illegal aliens or something - ANYTHING else?

    Why?

    Because busting a drug dealer doesn't bring in revenue.

    Money.

    It's more important than fighting crime.
     
  20. Rocketman95

    Rocketman95 Hangout Boy

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    Speeing is a crime and it costs a lot more lives than illegal aliens.
     

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