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Texas Driving Violations
The state of Texas, which caters to millions of drivers across the vast state, adheres to a relatively unique method of identifying and correcting reckless and consistent traffic law violators known as Driver Responsibility laws. The state utilizes a fee based penalty system for drivers, which places a financial burden on the driver relative to the number of points and other infractions accrued during a given time period. In theory, the expense of such a process will deter drivers from violating traffic laws further, while also providing ample revenue for the Texas Department of Public Safety and law enforcement, among others. Like every state, however, certain traffic violations in the state of Texas immediately result in the loss of driving privileges, such as DUI and leaving the scene of an accident causing bodily injury or death, as well as heavy fines and fees in the future.
Texas Point System
Certain grievous driving offenses, as well as other non-driving offenses, can result in immediate license suspension. However, suspension via accrual of points is dependant a traffic court’s decision following a hearing. If a driver accrues four (4) or more offenses in a twelve (12) month period, or seven (7) offenses in a two (2) year time period, the driver is eligible for suspension at the court’s discretion.
Driver Responsibility Laws in the state of Texas place surcharges, otherwise known as fees, on drivers with six (6) points or more during a three (3) year period. The state uses only a two and three point system, however, two (2) points for all moving violations and three (3) points for all moving violations resulting in an accident. The surcharges begin with six (6) points, at $100 plus an additional $25 annual for each subsequent point. Additional surcharges resulting from specific offenses also are applicable. These surcharges are not to be confused with the initial fine amount, as well as the court costs and fees associated with the fine. The surcharge is annual amount assessed, in addition to all ticket fees and fines.
Texas Fines and Penalties
| Traffic Violations | Fine Amounts | Points | Traffic School | Jail | License Suspension? |
|---|---|---|---|---|---|
| Aggressive Driving | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Second conviction results in class B misdemeanor offense | License suspension at discretion of courts, but very possible |
| Driving Under Influence - DUI | Not to exceed $2,000 for first offense | 2 | DWI education program required | Class B misdemeanor, at least 72 hours in jail not more than 180 days | Mandatory license suspension, 90 to 365 days |
| Driving While Imparied - DWI | Not to exceed $2,000 for first offense | 2 | DWI education program required | Class B misdemeanor, at least 72 hours in jail not more than 180 days | Mandatory license suspension, 90 to 365 days |
| Driving With License Suspended | Fines of not more than $200, plus fees | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Second conviction results in class B misdemeanor offense | Mandatory license suspension |
| Driving Without Headlights | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Exhibition of Speed | Determined at municipal level, more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | Mandatory license suspension if deemed racing |
| Failure to Yield | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Failure to Signal | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Failure to Stop | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Hit and Run | Fines not to exceed $5,000 for first offense | 3 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration of one (1) year in county jail, up to five (5) years in state penitentiary possible | Mandatory license suspension |
| Illegal Passing | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Illegal u-turn | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Intoxication Manslaughter | Fines not to exceed $10,000 | 3 | DWI education program required for future license reinstatement, if allowed by courts | Felony charge, with potential of incarceration of at least two(2) years, not more than twenty (20) years | Mandatory license suspension, 180 days to 2 years |
| No Drivers License | Fines of not more than $200, plus fees | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Second conviction results in class B misdemeanor offense | Mandatory license suspension |
| Running a Red Light | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Running Stop Sign | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Reckless Driving | Determined at municipal level, more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration possible, at discretion of courts | License suspension at discretion of courts, but very possible |
| Speeding in School Zone | Determined at municipal level, pending number of miles over speed limit | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration possible, at discretion of courts | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
| Unsafe Lane Change | Determined at municipal level, not more than $200 | 2 | Under DRP, traffic offenses accrue conviction and assessment based surcharges, in lieu of traffic school mandates | Incarceration not relevant to violation | License suspension unlikely, save for instances of accumulation of offenses in a given time period |
What to Expect in a Texas Traffic Court
In the state of Texas, aside from mandatory suspension offenses, drivers have significant leeway in pleading their case to maintain driving rights. This may come at a price, with fines and additional surcharges for points, however, the suspension of a license based on points violations over time is solely at the discretion of a traffic court judge. Therefore, having an attorney present at your hearing to dispute a ticket or address a request for an appearance is highly beneficial. Below are some important links regarding traffic court in the state of Texas.
- Texas Driver’s Manual, including Detailed Information on Driver Responsibility, Points, and Mandatory Suspension Offenses
- Homepage of Texas Department of Public
Safety
- Drive License Locations in State of Texas
- Driver’s License Division of Texas Department of Public Safety
Texas Driving Violations Legal Help from a Lawyer
Especially in the state of Texas, using a traffic violations attorney is highly beneficial. The long-term costs of high point totals are designed to either force drivers to change their driving habits, or prove unable to afford to drive any longer. Using an attorney to dismiss points can not only save driver’s their driving privileges, but also, in the course of time, eventually save drivers thousands of dollars, as well.