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Tuesday, November 1, 2011

Driver Responsibility Laws

Drivers in at least four states may find themselves paying more than just a traffic fine when they get a ticket. In an attempt to cut down on habitual traffic offenders and to raise more revenue for states, these states (Michigan, New Jersey, New York, and Texas) have imposed a surcharge over and above the normal traffic fines and court fees that a motorist may have to pay as a result of getting a traffic ticket (also known as a Driver Responsibility Law). If the motorist has accumulated a set number of points over a designated period, the motorist is charged a surcharge that increases for every point over the limit and continues so long as the points remain on the driver's record.


All four states have similar laws with the exception of New York. Three of the states impose the surcharge over a one year period until the points have fallen below the pre-set level however New York imposes the surcharge for a three year period.


STATE MINIMUM POINTSWITHINSURCHARGE AMOUNTAMOUNT PER EACH ADDITIONAL POINTPENALTY FOR NON-PAYMENT
Michigan
7 Points
As Soon As Points are Imposed
$100
$50
Interruption of driving privileges
New Jersey
6 Points
3 Years
$150
$25
Indefinite suspension of driving privileges, possible lien and or garnishment of wages.
New York
6 Points
18 Months
$100 Per Year for 3 Years
$25
Suspension of driver's license
Texas
6 Points
3 Years
$100
$25
Suspension of driver's license



The typical time limit to pay the surcharge and avoid suspension of driving privileges is 30 days.


Each of these states also impose a heavier surcharge for more serious offenses such as DUI, refusal to submit to a breath test, and no proof of insurance. Typically the surcharges for a DUI are $1,000 or more per year.


To prevent accumulation of the minimum number of points, each of these states allow a driver to attend a driver improvement school however, once the minimum number of points have been reached, it is too late to try to reduce the points by taking a driver safety course and the surcharges will be imposed.

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Thursday, February 3, 2011

Texas DPS Offers Driver Responsibility Amnesty Program

The Texas DPS is giving drivers who have suspended licenses because of unpaid surcharges by offering an amnesty period from January 17, 2011 to April 17, 2011. The goal of the amnesty period is to bring drivers into compliance with the surcharge law while also allowing them to regain their driving privileges.

The amnesty period reduces the surcharge to 10%of the original amount for all owed surcharges, having the maximum surcharge owed at $250. This amnesty surcharge is on top of all the other reinstatement fees required from the driver. This is only eligible for drivers who have unpaid surcharge assessed between September 30, 2004 to December 31, 2008.

All that's needed is the driver's license number and a computer to apply for the reduced surcharges on this page: https://www.txsurchargeonline.com/AmnestyOptin.aspx or by telephone at 1 (877) 207-3170. Applications are accepted only until April 7, 2011.

By giving the amnesty period for drivers, the Texas DPS hopes that drivers who have lost their ability to operate a vehicle be able to start the year right.

More information on the Texas DPS site here: https://www.txsurchargeonline.com/AmnestyMain.aspx.

Fulfill your Texas defensive driving course requirements online with our Texas Education Agency approved course.

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Monday, September 20, 2010

Texas Driver Responsibility Assessment Law

Texas has come up with a novel way to prevent drivers who have accumulated too many points on their record from accumulating any more. They have enacted Driver Responsibility Assessment law in the hope of curbing aggressive driving behavior before it becomes necessary to suspend a license, this law puts a price on aggressive driving and other offenses that could become quite a financial burden on some drivers.

The Texas Driver Responsibility Assessment Law places a financial penalty on drivers who have accumulated too many points over and above the cost of the ticket. Depending on the offense, a driver may have to pay a minimum of $100 per year in order to maintain their driving privileges. For example, a Texas driver with six points in a three year period will have to pay a one-time “Point Surcharge” of $100 but the assessments will continue each year if additional points are accumulated. Failure to pay the annual assessments will result in suspension of driving privileges.

Below is a breakdown of the assessment/surcharge offenses and costs:

Texas’ differs significantly from New York Driver Assessment law in the amount charged for more serious offenses such as DWI. The penalty will be assessed for three years if a driver is convicted of any one of the following offenses:

Driving While Intoxicated (DWI), or a DWI-related offense

  • First Conviction - $1,000 annual surcharge

  • Second or subsequent Conviction - $1,500 annual surcharge

  • DWI with Blood Alcohol Content .16 or greater - $2,000 annual surcharge


Failure to Maintain Financial Responsibility (Insurance)

  • $250 annual surcharge


Driving While License Invalid

  • $250 annual surcharge


Driving without a Valid License (i.e.; No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle).

  • $100 annual surcharge


The above offenses do not receive points so the surcharge is automatically imposed after conviction. The surcharges are cumulative meaning that a driver convicted of a DWI has to pay a $1,000 fine for a three year period. If he is convicted of a second DWI within the three year period, he will have to pay an additional $1,500 for a total of $2,500 for each of the following three years.

Point Surcharge - A driver who receives six or more points within a three year period will be assessed $100 and an additional $25 for each point received over and above the original six. This is a one year assessment but the Texas driving record will be reviewed annually and the surcharge will continue to be assessed if the driver maintains six or more points on his or her record.

For example: A driver accumulates six points within a two year period. He is assessed a $100 charge for one year. During that next year, he receives two more points on his record and now has 8 points within a three year period. The following year he will be assessed $150.

For more information on Texas' Driver Responsibility Law, visit: http://www.txdps.state.tx.us/administration/driver_licensing_control/drp/drp.htm

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