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

[FightTheTxDriver RespLaw]

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 [e-mail].
Thank you to everyone for your opinion/debate and or support. Everyone has helped.
Thanks, Mary Moody

[Crystal]

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]

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]

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.

[FightTheTxDriver RespLaw]

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.

[FightTheTxDriver RespLaw]

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 [e-mail]
web-page: http://www.myspace.com/fightthetxresponsibili...
You Tube: http://www.youtube.com/watch...
Over 2700 Texans have signed Tamara's Petition Online: http://www.petitiononline.com/TXDRP07/petitio...

[FightTheTxDriver RespLaw]

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 [e-mail]

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

You Tube: http://www.youtube.com/watch...

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

[christopher g]

has anyone heard if the law is getting repealed or not what is the latest news on this

[theguyfromplt]

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!

[FightTheTxDriver RespLaw]

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]

Mary if there is anything I can do to repeal this insane law please let me know. I can be contacted at [e-mail]. The 2011 session will be here before you know it.

[Laura]

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!!?