HOUSTON CRIMINAL DEFENSE & DWI DEFENSE ATTORNEY BLOG

DPS provided many Texans with some added relief this week by approving new surcharge programs meant to provided amnesty or relief to Texas drivers that have incurred several hundreds or thousands of dollars in surcharges under the DPS Driver Responsibilty Program. Under this program, Texas drivers are subject to incurring surcharges for a number of violations included DWI, DUI, driving while license invalid “DWLI”, no drivers license, failure to maintain financial responsibility, and been convicted of to many traffic violations (having more than 6 points) within a three-year period of time. Failure to pay these surcharges results in a suspension of an individuals driver’s license. Frankly, many people lack the financial ability to pay these surcharges, and thus have their driver’s license suspended by DPS. This of course can led to additional problems for drivers that are arrested/charged with driving while license suspended “DWLS”, such as additional court costs, additional suspensions, fines, and potential jail time.

The new changes in the surcharge program are intended to allow drivers an opportunity to pay off the surcharges at a reduced amount and in some cases rescind the driver’s license suspension. There are three different types of programs that were approved by DPS: amnesty program; indigency program; and the incentive program. These programs are going to be “phased-in” over the next year or so. More details of the program are provided in the link below.

http://www.txdps.state.tx.us/director_staff/public_information/pr102110.pdf

jcole DPS Surcharges & Driver Responsibility Program, Recent Traffic Law Developments DPS Surcharges

Red-light cameras: Aventura’s red-light cameras are illegal, judge said – South Florida Sun-Sentinel.com

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Above is a link to an article regarding a decision by a Florida judge ruling that red-light cameras are unconstitutional. Hopefully, the same result regarding red-light cameras will take place here in Houston, TX. Houston criminal defense and traffic ticket defense, Paul Kubosh, has started a petition drive in Houston to get the issue of red light cameras placed on the ballot for the upcoming general election. The public and not government officials would be able to decide either for or against red-light cameras. Letting the people decide what a noble concept! Red-light cameras are not about safety, it’s about cities looking for ways to increase revenues. They increase revenue by making these offenses civil, instead of criminal. As any good criminal defense or traffic ticket lawyer knews when you make an offense civil, an individual no longer has a right to a jury trial or another of the constitutional rights that are afforded a person accused of a criminal offense. It costs local governments money to conduct jury trials for individuals accused of traffic offenses such as “running a red light”. In addition, the accused individual now has the burden of proof in the civil/administrative hearing. What this means is that most people are going to held liable for paying the ticket even if the State offers no “real” evidence that it was in fact that person who was the violater or that the red-light camera was even working correctly. Furthermore, cities know that by placing cameras at these intersections, that they can reduce the number of traffic enforcement officers monitoring these intersections. Once again, saving the city money by reducing costs for traffic enforcement officers pay. It’s not about safety, it’s about money. Several studies illustate that it’s not really about safety, so don’t let the local governments fool you into thinking otherwise.

The other danger regarding government use of red-light cameras and other similar tactics is the issue of decriminalization. Red-light cameras are the government’s first steps in a fight to potentially decriminalize other violations as well and make them civil in nature. Once again, an individual does not get the same constitutional rights and protections in civil/administrative proceeding that a person would have in a criminal proceeding.

So I ask that you please join the fight here in Houston and sign the petition initiated by Paul Kubosh against red-light cameras and decriminalization.

jcole CRIMINAL DEFENSE LAW, Recent Traffic Law Developments, TRAFFIC TICKET DEFENSE CRIMINAL DEFENSE LAW, TRAFFIC TICKET DEFENSE

The consequences and penalties of a DWI charge and/or conviction are detrimental and costly for Class C drivers (non-commercial drivers). However, the consequences for a DWI charge and/or conviction are may be even worse for holders of Class A or B commercial driver’s license (CDL). A DWI conviction will certainly led to a one (1) year suspension of an individual’s CDL, thus leading to lose of a the driver’s job. In addition, unlike a non-commercial driver, a CDL holder is not eligible to apply for an occupational license pursuant to Section 522.086 of the Texas Transportation Code. See Section 522.081 of the Texas Transportation Code below pertaining to violations, including DWI arrests/convictions, that would disqualify a CDL holder from driving a commercial motor vehicle and lead to a suspension of a CDL.

Sec. 522.081. DISQUALIFICATION.

(a) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle. A person who holds a commercial driver’s license is disqualified from driving a commercial motor vehicle for:

(1) 60 days if convicted of:

(A) two serious traffic violations that occur within a three-year period; or

(B) one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing; or

(2) 120 days if convicted of:

(A) three serious traffic violations arising from separate incidents occurring within a three-year period; or

(B) two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period.

(b) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle, except as provided by this subsection. A person who holds a commercial driver’s license is disqualified from driving a commercial motor vehicle for one year:

(1) if convicted of three violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period;

(2) on first conviction of:

(A) driving a motor vehicle under the influence of alcohol or a controlled substance, including a violation of Section 49.04 or 49.07, Penal Code;

(B) leaving the scene of an accident involving a motor vehicle driven by the person;

(C) using a motor vehicle in the commission of a felony, other than a felony described by Subsection (d)(2);

(D) causing the death of another person through the negligent or criminal operation of a motor vehicle; or

(E) driving a commercial motor vehicle while the person’s commercial driver’s license is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle;

(3) for refusing to submit to a test under Chapter 724 to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance or drug while operating a motor vehicle in a public place; or

(4) if an analysis of the person’s blood, breath, or urine under Chapter 522, 524, or 724 determines that the person:

(B) had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place.

(c) A person who holds a commercial driver’s license is disqualified from operating a commercial motor vehicle for three years if:

(1) the person:

(A) is convicted of an offense listed in Subsection (b)(2) and the vehicle being operated by the person was transporting a hazardous material required to be placarded; or

(B) refuses to submit to a test under Chapter 724 to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance or drug while operating a motor vehicle in a public place and the vehicle being operated by the person was transporting a hazardous material required to be placarded; or

(2) an analysis of the person’s blood, breath, or urine under Chapter 522, 524, or 724 determines that while transporting a hazardous material required to be placarded the person:

(A) while operating a commercial motor vehicle in a public place had an alcohol concentration of 0.04 or more, or a controlled substance or drug present in the person’s body; or

(B) while operating a motor vehicle, other than a commercial motor vehicle, in a public place had an alcohol concentration of 0.08 or more.

(d) A person is disqualified from driving a commercial motor vehicle for life:

(1) if the person is convicted two or more times of an offense specified by Subsection (b)(2), or a combination of those offenses, arising from two or more separate incidents;

(2) if the person uses a motor vehicle in the commission of a felony involving:

(A) the manufacture, distribution, or dispensing of a controlled substance; or

(B) possession with intent to manufacture, distribute, or dispense a controlled substance; or

(3) for any combination of two or more of the following, arising from two or more separate incidents:

(A) a conviction of the person for an offense described by Subsection (b)(2);

(B) a refusal by the person described by Subsection (b)(3); and

(C) an analysis of the person’s blood, breath, or urine described by Subsection (b)(4).

(e) A person may not be issued a commercial driver’s license and is disqualified from operating a commercial motor vehicle if, in connection with the person’s operation of a commercial motor vehicle, the person commits an offense or engages in conduct that would disqualify the holder of a commercial driver’s license from operating a commercial motor vehicle, or is determined to have had an alcohol concentration of 0.04 or more or to have had a controlled substance or drug present in the person’s body. The period of prohibition under this subsection is equal to the appropriate period of disqualification required by Subsections (a)-(d).

(f) In this section, “felony” means an offense under state or federal law that is punishable by death or imprisonment for a term of more than one year.

(g) A person who holds a commercial driver’s license is disqualified from operating a commercial motor vehicle if the person’s driving is determined to constitute an imminent hazard under 49 C.F.R. Section 383.52. The disqualification is for the disqualification period imposed under that section and shall be noted on the person’s driving record.

(h) A disqualification imposed under Subsection (g) must run concurrently with any imminent hazard disqualification that is then currently in effect.

J. Cole Brooks Commercial Driver License (CDL), Occupational Drivers License (ODL), Texas DWI/DUI Laws Commercial Driver License (CDL), DWI/DUI LAW

Currently, a DWI conviction will result in an individual having to pay DPS an annual surcharge for three (3) years from the date of the conviction. The surcharges for a DWI conviction include:

1st Conviction: License Suspension from 90 days to 365 days;
2nd Conviction: License Suspension from 180 days to 2 years.

J. Cole Brooks DPS Surcharges & Driver Responsibility Program, DWI & DUI Penalties DPS Surcharges, DWI/DUI LAW