Fight the Texas Driver Responsibility Law

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“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#1 Apr 8, 2008
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 m@yahoo.com
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

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#2 Aug 22, 2008
Update, Mike Krusee's agreed to meet with me Wednesday, August 27th at 2pm to discuss the TX DRL.(He co-authored the TX DRL)
I'm gaining support with the powers above-getting one to author a bill of repeal, and another for suppor/sponsor the bill of repeal.
I've appeared on KVUE News, met with Senator Steve Ogden's and Governor Perry's office to inform them of the negative effects the TX DRL has made on Texas Citizens and to gain their support for a repeal.
Over 1700 Texas Citizens have signed Tamara's petition at: http://www.petitiononline.com/TXDRP07/petitio... , that is great but we need many more signatures! Please sign.
I'm currently filming a doccumentary about the negative impacts the TX DRL has had on Texas Citizens. If you want to appear in the doccumentary (I.E. have your story filmed) please contact me at: fightthetxresponsibilityprogra m@yahoo.com.
Thank you to everyone for your opinion/debate and or support. Everyone has helped.
Thanks, Mary Moody
Crystal

AOL

#3 Feb 11, 2009
I already paid 3 yrs on a no insurance drl, that was after the initial ticket and fines. At $300 for the ticket and $250 a yr for the following 3 yrs, my fines totalled $1050 for a first offense. Will these fines be returned to me if this law is found unconstitutional?
petition

United States

#4 Feb 11, 2009
I have never read much about the Texas Driver Responsibility Law. Could be because even though I live in TX I always make sure I have auto insurance. Either way...I don't think an online petition is going to do much good since it is not recognized as a legal petition. You have to do a petition "the old fashioned way" with actual signatures to make it count for anything. Print out and submit an online petition for anything in this world and chances are they will be laughing all the way to the shredder with it.
Jack

Portland, TX

#5 Feb 19, 2009
A Citizen cannot be forced to give up his/her Rights in the name of regulation.



“...The only limitations found restricting the right of the state to condition the use of the public highways as a means of vehicular transportation for compensation are (1) that the state must not exact of those it permits to use the highways for hauling for gain that they surrender any of their inherent U.S. Constitutional Rights as a condition precedent to obtaining permission for such use...”[emphasis added] Riley vs. Lawson, 143 So. 619 (1932); Stephenson vs. Binford, supra.

If one cannot be placed in a position of being forced to surrender Rights in order to exercise a privilege, how much more must this maxim of law, then, apply when one is simply exercising (putting into use) a Right?

“To be that statute which would deprive a Citizen of the rights of person or property, without a regular trial, according to the course and usage of the common law, would not be the law of the land.” Hoke vs. Henderson, 15 NC 15.

and...

“We find it intolerable that one Constitutional Right should have to be surrendered in order to assert another.” Simons vs. United States, 390 U.S. 389.

Since the state requires that one give up Rights in order to exercise the privilege of driving, the regulation cannot stand under the police power, due process, or regulation, but must be exposed as a statute which is oppressive and one which has been misapplied to deprive the Citizen of Rights guaranteed by the United States Constitution and the state constitution.

TAXING POWER

“Any claim that this statute is a taxing statute would be immediately open to severe Constitutional objections. If it could be said that the state had the power to tax a Right, this would enable the state to destroy Rights guaranteed by the constitution through the use of oppressive taxation. The question herein, is one of the state taxing the Right to travel by the ordinary modes of the day, and whether this is a legislative object of the state taxation.



The views advanced herein are neither novel nor supported by authority. The Supreme Court has repeatedly considered the question of taxing power of the states. The Right of the state to impede or embarrass the Constitutional operation of the U.S. Government or the Rights which the Citizen holds under it, has been uniformly denied.” McCulloch vs. Maryland, 17 U. S.(4 Wheat) 316 (1819).

The power to tax is the power to destroy, and if the state is given the power to destroy Rights through taxation, the framers of the Constitution wrote that document in vain.

“...It maybe said that a tax of one dollar for passing through the state cannot sensibly affect any function of government or deprive a Citizen of any valuable Right. But if a state can tax...a passenger of one dollar, it can tax him a thousand dollars.” Crandall vs. Nevada, 75 U. S.(6 Wall) 35, 46,(1867).

and...

“If the Right of passing through a state by a Citizen of the United States is one guaranteed by the Constitution, it must be sacred from state taxation.” Ibid., p.47.

Therefore, the Right of travel must be kept sacred from all forms of state taxation and if this argument is used by the state as a defense of the enforcement of this statute, then this argument also must fail.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#6 Feb 26, 2009
Crystal wrote:
I already paid 3 yrs on a no insurance drl, that was after the initial ticket and fines. At $300 for the ticket and $250 a yr for the following 3 yrs, my fines totalled $1050 for a first offense. Will these fines be returned to me if this law is found unconstitutional?
Crystal, right now I'm trying to get the TX DRL thrown out of Texas lawbooks, not have if found unconstitutional.(That is A LOT of work and is VERY controversial) But yes, the Bill of Repeal is going to note a refund for those monies paid and removal of current fees.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#7 Mar 26, 2009
The TX DRL is up for repeal at the Transportation Committee on Monday, March 30th, 2009. Special thanks to Senator Eliot Shapleigh for his sponsor of SB 896: Abolition of the Texas Driver Responsibility Bill.
I will be there to testify and supporters will be there to rally their support for the repeal! We are so close to ending this ridiculous law! Thank you all for your support and non-support. Regardless if you are with or against us: my organization would not be as successful as it is without you!
Please wish us luck, pray for us and I will update after Monday's hearing.
Sincerely,
Mary Moody
e-mail: fightthetxresponsibilityprogra m@yahoo.com
web-page: http://www.myspace.com/fightthetxresponsibili...
You Tube:

Over 2700 Texans have signed Tamara's Petition Online: http://www.petitiononline.com/TXDRP07/petitio...

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#8 Apr 4, 2009
Wow, the debate has cooled down since something is being done! SB 896 is going before the Texas Senate. Watch for the press release this week!

e-mail: fightthetxresponsibilityprogra m@yahoo.com

web-page: http://www.myspace.com/fightthetxresponsibili...

You Tube:


Over 3000 Texans have signed Tamara's Petition Online: http://www.petitiononline.com/TXDRP07/petitio...
christopher g

United States

#9 Sep 13, 2009
has anyone heard if the law is getting repealed or not what is the latest news on this
theguyfromplt

Joplin, MO

#10 Oct 2, 2009
I would like to know also... I caught a cold a while back, and the Pharmacist said they couldn't sell to me b/c my license was expired. Upon the attempt to renew it, I found out I had a 3 year old ticket I had forgotten about in another county. I promptly sent them the $300 for the ticket and attempted to renew it again, only to find out they were going to stick me for $520 additional to the $300 I had already sent!(There were two offenses on the same ticket - no ins. but I don't remember what the other offense was at this time). I will dig up the paperwork and find out. Anyway, I made one payment, and I WANT MY MONEY BACK! I am refusing to pay for the same violation twice. It's disgusting and classifies as rape in my opinion. Since then, I have started building and riding bikes (and am half-tempted to burn my DL in protest of this law). www.sedm.org - check it out (a friend told me about this). BTW, I signed the petition for sure!

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#11 Oct 14, 2009
Hey everyone, Sorry I haven't updated the repeal into: the Tx Senate amended SB 896 to at least let the low income have amunity to this crazy law. Now, this only came into effect on Sept 1st, 2009. So it only serves as protection for those who receive a ticket after 9-1-09.

However, I'm not done with this! I won't be done until this law is gone. I'm dragging my heals now due to deaths in my family. After the holidays, I will be back in full swing to repeal this dreaded law.

Sign the petition! Make your voice and opinion count.

Thanks, Mary
No More

Port Arthur, TX

#12 Dec 8, 2009
Mary if there is anything I can do to repeal this insane law please let me know. I can be contacted at mcm1906@hotmail.com. The 2011 session will be here before you know it.
Laura

Beaumont, TX

#13 Dec 15, 2009
I got a ticket for a suspended license (8 days suspended) and i have had to pay a $104.50 surcharge every year for 3 years. EVEN though i got a new license, went to court, and paid my fine. i too believe that these surcharges and fees are a ridiculous penalty. its not fair, but i guess life isnt, so what am i going to do!!?
Hope this helps

Fredericksburg, TX

#14 Feb 21, 2010
Best of the day to everyone,

Just a few quick notes on this issue,... my family was hit with this back in 2007. As a result of it, my wife spent 2 days in jail that nearly killed her. The jail wouldn't allow her to take her medication. Long incredibly ridiculous story.

Anyway, I started digging into this law and the people behind it after I cooled down a bit and it leads straight back to MSB (Municipal Services Bureau).

What was really bothersome about the law is how it was snuck into legislation. Because it wouldn't pass under normal traffic law, it was appended to an education bill then passed into law. Who reads the education bills and what sane politician wants to be known for opposing education?

Getting back on topic,...

When you read the text of the law ( http://www.txdps.state.tx.us/administration/d... ) notice how much is allocated to DPS to offset the costs of enforcing the law.

1% of the fine is not enough to pay DPS for the services they are required to render in support of this law. For expired insurance that works out to $1.03 per year per incident.

Which automatically means a 3rd party has to be recruited by the state of Texas to help collect the fines. Into this picture comes MSB ( http://www.muniserv.com ).

Each time you go in to make a payment on the fine,.... the wording of "surcharge" is a joke,... MSB charges $17. Each time.

There was a time you could see the leadership of MSB online, and one thing struck me as particularly interesting about it. Most of them were registered lobbiests.

So since the law makes no sense, what is it really about?

It's certainly not about justice. It's about money.

The money generated by the fines for the state of Texas aren't much in the way of the state's multi-billion dollar budget.

But the payments to MSB, per person, each time they go into to make a payment that could take as long as a year or more,... adds up very very quickly for a single company.

Especially when what the company charges isn't covered under the legislation of the law.

Hope this helps.
samanaali

San Diego, CA

#15 Feb 25, 2010
Hello,

I am equally as upset about this law as others on this post. I am going to be fighting it in local court in a few weeks, wish me luck :).

For the person "Fight the texas driver reponsiblity law", I would also like to help you with whatever I can. You can email me at ali@alisamana.com and I would love to be of help. If you have a PAC set up, I would like to contribute to it, and if not, I can work with you and establish one together. Let me know how I can help.

-Ali
theguyfromplt

Port Lavaca, TX

#17 Aug 13, 2010
I had a profound thought the other day. If the Supreme Court recognizes Corporations as individuals now (as opposed to entities bound by contract law)- can we not sue this PRIVATE Corporation that collects our surcharges for extortion?!! Just a thought.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#18 Oct 26, 2010
theguyfromplt wrote:
I had a profound thought the other day. If the Supreme Court recognizes Corporations as individuals now (as opposed to entities bound by contract law)- can we not sue this PRIVATE Corporation that collects our surcharges for extortion?!! Just a thought.
3

Very Excellent thought Theguyfromplt! I don't think so because they are the "surcharge" collector. You can't sue the guy who calls you to pay your Visa bill. However, a Visa debt and a "surcharge" are two totally different things. I'll check into it. Thanks!
Alessandra DiTommaso

Amarillo, TX

#19 Dec 30, 2011
Do you have any updates since the last post?1725
ANY UPDATES

Fort Worth, TX

#20 Feb 2, 2012
Has it been repealed?

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#21 Apr 2, 2012
Oh Yeah ladies and gents! Thank you for your patience! I moved the myspace Fight the TX DRL page to http://facebook.com/FighttheTXDRL . Please go there to find updates. You can subscribe to the YouTube Updates and follow us on Twitter! Oh Yeah ladies and gents! Thank you for your patience! I moved the myspace Fight the TX DRL page to http://facebook.com/FighttheTXDRL . Please go there to find updates. You can subscribe to the YouTube Updates and follow us on Twitter! Sign the petition at: http://www.petitiononline.com/TXDRP07/petitio...

We are very close to a repeal and have a lot of support from those who once supported it. Please join the fight and make your voice heard......

Thanks, Mary

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