Suspended license in Texas finally getting noticed.

No.

He only cares because it is affecting him. This is no moral crusade.

 

so you want us to raise taxes on everyone to pay for court costs when you get a ticket?

 

Well the earth must be about to spin off its axis and crash into the sun, because for the first time I think I have a little sympathy for fatty's situation.

If, in fact, Texas is tacking on surcharges to tickets and those charges aren't clearly listed wherever the fine is listed, that is abusive. People shouldn't have to search out hidden fees when paying fines.

It reminds me of the parking ticket situation in Baltimore. If you get a ticket there is a late fee every month that it is not paid. That is reasonable. What is unreasonable is that there is literally no cap on the maximum level of these late fees. A $20 dollar ticket can turn into thousands of dollars in fines. That is an abuse of government. I would have no problem if they suspended your registration or something like that, if you failed to pay, but imposing thousands of dollars in fines over a parking ticket is wrong.

 

The DPS web site seems to explain the surcharge and the process fairly well.

http://www.txdps.state.tx.us/administration/driver_licensing_control/drp/drp.htm

It seems that at the very least, the ticket should have the URL printed on it and there should be a sheet similar to this at the court office where folks pay their tickets and it should be included in any mailings the offender receives.

 

This always bother me
I undersand it is the law . . . a rule. . . etc
but
The ideal is that it is safe and orderly way to approach the 3 way stop
but
when you the only one there. . . . what's the point
It seems the RULE is more important than why it was put in in the 1st place

Rocket River

with Fatty's case . .the money is more important . .than the reason for the fine.

 

It has been my . . i repeat . . . *my* experience
that those that are in the place to enforce the law
Rarely see what is wrong with the law

The law is the law. . . and that is it. . . don't wanna follow the law
TOUGH . . goto another country or goto Jail

Me and my friend who is works in the DA dept
debate it all the time. . .
the law versus the spirit of the law. . versus the morality/logic etc

It is academic . [like this debate] .. because at the end of the day . .. .
it is what it is. . . . and you will be slammed for it
no matter if the law makes sense or not


Rocket River

 

wow. really??

you have to make SOME laws hard and fast. you can't create grey areas around "stop" signs. can you imagine extended litigation over whether or not it was REALLY reasonable to have to stop at that stop sign or not? it would be ridiculous. you can't make stop signs subjective. it's difficult and would lead to accidents if you were in a hurry and in that split second was thinking, "do i really need to stop for THIS stop sign right now?"

 

OH I understand
the 'leniancy' is at the Police Level
not at the court level

It is just irratating . . . at 2 am with a stop sign
Esp a Red light . .. in a jacked up neighborhood . . .

Rocket River

 

This is precisely what I was trying to get at in my earlier thread on the subject, and in this one as well. The State is basically bullying people, extorting money from them using its power to revoke and suspend licenses, far in excess of the original offense - as much as law-n-order worshippers make it a point to say "driving's not a right, it's a privilege" the fact remains that, for most people, it's a necessity.

It's all well and good for a TRAFFIC LAWYER to insist that everyone knows the law, particularly the DRP, which was passed with no fanfare and is not listed on any official court documents. And sure, the information exists on the internet, but most people (myself included), after paying the fees and fines are not aware (and are not made aware) that there are more fees and fines coming, even after the original traffic violation has been paid for and the courts are no longer involved.

I'm of the opinion that this obfuscation is done on purpose on behalf of the DPS, who is all-too-happily taking comparatively ridiculous amounts of money from anyone they can and funneling the majority of it into the state's "general fund" - which could be anything. Maybe we're paying for the Governor's limo.

 

I love it when Fatty fights the power.

NO JUSTICE NO PEACE


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imagine this being a criminal case and after being tried, you were sentence to 12 months in jail. fine, you did the time, start enjoying your life going about your daily activities. all of a sudden the police break down your door and tell you that you owe another 3 months of jail b/c another jury, who didn't see your case just the paperwork, thought you deserved it. is that fair?

 

I feel sorry for the poor clerk that answers those calls.

 

Expired License = No License. Having a little piece of plastic does not mean that you have a license. You are constantly and continually breaking the law while driving. I don't know about Texas, but driving without a valid license is a misdemeanor in other states. They are going easy on you.

 

True, you didn't call him a liar...I was just trying to be "over the top" and cool. You did, however, challenge an ADA over knowledge of this law (which I found to be funny because you were so sure of yourself), lost, and then ignored that part and instead focused on how his attitude is just the problem you are talking about (since he is, after all, part of the establishment).

 

WTF? That is the worst analogy in the history of mankind!

Driving with an expires license is = DRIVING WITH NO LICENSE!

It's much worse than simply speeding. It also shows that you don't have the simple capability to be responsible enough to maintain your own license, or that your lawyer is an idiot for not keeping up with the law!

So then wtf is wrong with the state adding on a surcharge? The fine you pay for getting the ticket is the penalty. The surcharge is the fee for reinstatement, correct? What's wrong with that?

Let's say that instead of the surcharge the state just doubled the fine & took the reinstatement fee out of that - would that make Fatty happy b/c he didn't have to deal with 2 payments, or would he go off about the bigger fine?

Fine, I'll agree that the state should print a notice about the surcharge on the back of the ticket. But if there ios no ticket issued - say b/c your license expired b/c your idiot lawyer didn't do his job in keeping you updated about what to do - then wtf is the state supposed to do? Call you? Mail you?
No way! It's your & your lawyer's responsisbility to know!

 

Laws change or get "pushed in at the last minute" all the time. If a traffic lawyer doesn't keep up with them, then they are idiots. "Last minute" or not.

Personally, I feel that anyone with an expired license, inspection sticker, plate tag, or insurance should get slammed heavily by fines. I don't see how there's any excuse for it.

Let's take a look at the surcharge, direct from the DPS website:

"Driver Responsibility Program

Points system

The Driver Responsibility law (in House bill 3588) establishes a system that assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based on the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s license as follows:

Two points for a moving violation conviction in Texas or that of another state.
Points will not be assigned for speeding less than 10% over the posted limit or seat belt convictions.
Three points for a moving violation conviction in Texas or another state that resulted in a vehicle crash.
Points remain on the driver record for a period of three years. Additionally, a conviction that becomes final before September 1, 2003, will not apply to the assessment of points under the program. This program does not replace other administrative suspension, revocations or cancellation actions that result from these same convictions.

Driver surcharges

DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point."

Okay, so again, is there part of the law that I'm missing? They watch your record, and if you frack up enough within a three year period, you pay the surcharge. Again, what's wrong with that? It's a penalty for being a habitual offender when it comes to your driving privileges. So?

Let's look at the next paragraph, directly from the DPS site:

"Annual surcharges for certain convictions

Drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility or driving while license invalid will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense."

Again, wtf is wrong with this? If you're enough of a jackass to drive drunk (and get caught for it), not have insurance, or not have a valid license, then wtf is wrong with the state making you pay a surcharge to retain your driving privileges?

The "morality" of the surcharge aside (and you know which side I'm on), let's go back to your situation. Seriously Fatty - maybe I don't know enough, let me try and understand what happened to you specifically:

-You had an expired license.
-You got caught & were issued a ticket.
-You paid the fine & license was reinstated.
-The surcharge, as per the law above, was mailed out by DPS... AND THEN??

Did they mail it to the wrong address? Did you get it & not pay it?
How did you get from Point A to B? According to the law, the only way they'll suspend your license is if you do not pay the surcharge, right?

So did you not pay the surcharge, or not pay it in time, or am I missing a specific part of your DPS adventure?