Fight the Texas Driver Responsibility Law

[FightTheTxDriver RespLaw]

Hello everyone! The TX Driver Responsibility Law is a very little known law that requires Texans to pay over $700.00 (if you pay upfront) for certain traffic violations and/or points.
I received a ticket four years ago for having no car insurance. I did the crime and paid the fine. I was released from all fines and fees from the TX DPS. However, the TX DRL gives the TX DPS the right to require over $700 MORE from me and suspend my Driver's License if I don't pay. TX DPS doesn't have to notify me and I can't seem to find the appeal process. This is a violation of our constitutional rights!
For more information and to join the fight:
website:
http://www.myspace.com/fightthetxresponsibili...
e-mail:
fightthetxresponsibilityprogra [e-mail]
and sign the petition at: www.petitiononline.com/TXDRP07/petition.html

Now, I understand this is a public forum and I encourage everyone to voice their opinion. Without you, I can't improve the campaign. However, please respect EVERYONE on this board.

Thank You for your support and consideration, Mary Moody

[mousephart]

I have a question for you. since when is it a constitutional right to drive? I believe driving is a privilege, not a right. If you can find the section of the constitution, I'm sure there are lots of folks out here that would like to see it.

[FightTheTxDriver RespLaw]

The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 13 - EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 14 - DOUBLE JEOPARDY
No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.

The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 3a - EQUALITY UNDER THE LAW
Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.(Added Nov. 7, 1972.)

The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 18 - IMPRISONMENT FOR DEBT
No person shall ever be imprisoned for debt.(Hold up!!! Many people I know have been imprisioned by not paying the IRS and the TX Surcharge. How can they do this!!??)

The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 16 - BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS; IMPAIRING OBLIGATION OF CONTRACTS
No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 2 - INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

[DimitriP]

How true this is, most people are oblivious to their Constitutional rights!
Or Texas Law

[Amanda]

Just speaking to the "Imprisonment for Debt"...a fine imposed as a punishment is not a debt. It is a punishment. There is a difference. A fine is a punishment imposed as a result of one's actions. A debt is generally considered a liability to pay money because of some kind of contractual agreement, like a credit card agreement. I'm not sure where taxes fall in that, but I would assume that if taxes are assessed as a point of law, then they are not considered debt, either. Instead, nonpayment would be lawbreaking, and subject to punishment.

[Wise to their Collusion]

If taxes are not debt, how is it that a tax lien, IRS or property tax lien, can show up on your credit report?

[Amanda]

I'm speaking with regards to what a governing body would consider debt, not what a credit agency would consider debt. Credit reporting agencies will report anything that impacts your perceived ability to pay back money. Personally, I consider any money that I have to pay, but haven't yet, to be "debt," no matter the source.
As I said previously, I'm not sure whether or not taxes are considered debt by Texas law, but I'm pretty sure that fines are not. They are considered punishment.

[Amanda]

After reading the Texas Driver Responsibility Law, I don't think I have any problem with it. Then again, I don't drive without insurance, my child rides in a proper child restraint device, I never drink and drive, and I don't normally speed (because my husband swears driving slower saves gas).
From what I read, points are applied to a driver's license for class c misdemeanor moving violations, and remain for three years. If a driver accumulates six points in a three year period, then DPS collects a surcharge from the driver.
Violations like driving without insurance are not subject to points, but rather require an annual surcharge. The surcharge varies by crime, but driving without insurance is $250 per year for three years.
Sorry, I wanted to be sympathetic, but the law doesn't seem unreasonable. Consider not breaking the law in the future.

[Amanda]

Here's a page where you can read about the law:

http://www.txdps.state.tx.us/director_staff/p...

BTW, 49.5% of the money collected through these fines goes to trauma centers, 49.5% to highway projects, and 1% to maintenance of the program.

Also, DPS does notify drivers that they are required to pay the fines. By first class mail. Assuming the address on your driver's license is correct.

[Ben Dover]

I believe it's called a "Surcharge." Of course you don't have to pay it, but then DPS will suspend your licenses until you do and if you get caught driving with a suspended license you are looking at another surcharge, plus being arrested and charged with a Class B Misdemeanor which is punishable with a fine of up to $2,000 or 180 days in jail, or both.

[Hmm]

Something doesn't seem right about being punished more than once for the same crime. Even though I know "technically" you're not being punished with the surcharge. But let's be honest here, that is what it seems like. I know people in this position, including myself. They did the crime, served the time payed the fine and now are still paying for that same mistake. After which you have already (according to the court) officially finished. I think the issue here is not about paying for your crime, that being drinking and driving or not putting your child in a proper restraint, but having continue to pay after your punishment was served and finished in the eyes of the court. It can be somewhat defined as double jeopardy.

[Fernando]

Amanda wrote:

After reading the Texas Driver Responsibility Law, I don't think I have any problem with it. Then again, I don't drive without insurance, my child rides in a proper child restraint device, I never drink and drive, and I don't normally speed (because my husband swears driving slower saves gas).
From what I read, points are applied to a driver's license for class c misdemeanor moving violations, and remain for three years. If a driver accumulates six points in a three year period, then DPS collects a surcharge from the driver.
Violations like driving without insurance are not subject to points, but rather require an annual surcharge. The surcharge varies by crime, but driving without insurance is $250 per year for three years.
Sorry, I wanted to be sympathetic, but the law doesn't seem unreasonable. Consider not breaking the law in the future.

If people are ticketed for not having insurance most likely it's because they didn't have money to pay the insurance. It's not like they just forgot to pay that month. I believe it was difficult enough to pay the fine for not having insurance, but to add a surcharge is wrong. The fact that you are not sympathetic means that you probably have the means to pay this type of surchage thus also means you are capable of paying your insurance every month. Be grateful. If you have are not capable of sympathy then try Compassion...seeing beyond yourself.

[FightTheTxDriver RespLaw]

Amanda wrote:

Here's a page where you can read about the law:
http://www.txdps.state.tx.us/director_staff/p...
BTW, 49.5% of the money collected through these fines goes to trauma centers, 49.5% to highway projects, and 1% to maintenance of the program.
Also, DPS does notify drivers that they are required to pay the fines. By first class mail. Assuming the address on your driver's license is correct.

The Trama centers must apply for the funds and they must not be receiving certain federal funds. They are not guaranteed the funds in any way.
But this does not solve the problem. Why doesn't the money go to help lower insurance rates? Or to those injured by DWI's and noninsured? Why don't the citizens get the money? Why does the State? The Texas Mobility Fund untimately gets 49.5 %. And that money funds the Trans-Texas Corridor.

[FightTheTxDriver RespLaw]

Fernando wrote:

<quoted text>
If people are ticketed for not having insurance most likely it's because they didn't have money to pay the insurance. It's not like they just forgot to pay that month. I believe it was difficult enough to pay the fine for not having insurance, but to add a surcharge is wrong. The fact that you are not sympathetic means that you probably have the means to pay this type of surchage thus also means you are capable of paying your insurance every month. Be grateful. If you have are not capable of sympathy then try Compassion...seeing beyond yourself.

Excellent way to put it Fernando, thanks.