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“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

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#1
Apr 8, 2008
 

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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
mousephart

League City, TX

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#2
Apr 21, 2008
 

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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.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

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#3
Apr 28, 2008
 

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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

United States

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#4
May 1, 2008
 

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

League City, TX

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#5
May 12, 2008
 
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

United States

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#6
May 12, 2008
 

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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

League City, TX

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#7
May 12, 2008
 

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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

League City, TX

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#8
May 12, 2008
 

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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

League City, TX

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#9
May 12, 2008
 

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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

Spring, TX

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#10
May 20, 2008
 
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

Austin, TX

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#11
May 23, 2008
 
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

Keller, TX

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#12
May 27, 2008
 

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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.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

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#13
Jul 1, 2008
 
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.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

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#14
Jul 1, 2008
 
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.
matt

Hobbs, NM

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#15
Jan 5, 2009
 
I as well agree, there is no sense in making a person pay twice for the same infraction.
Helpless

Mount Pleasant, TX

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#16
Jan 23, 2009
 
To whom it may Concern:

I ask you to please reconsider the TX surcharge or least make it easier to make the payments. I received a ticket in 2006 for not having insurance. I take full responsibility for that. I paid my fine and got insurance on my car. A few days after that I received a letter stating that I had a surcharge and that I had to pay the State of Texas $250 for the next three years.
Although I did not agree to the surcharge I have learned, that complaining is not going to solve anything so I started a payment plan and paid $30 for the next two and a half years. In October 2008 my hours were cut at my job and I started to make adjustments so that I could afford my mortgage. I cut my cable, cell phone, and anything that I could live without.
I eventually found myself missing a payment on my surcharge and when you miss a payment your driverís license is suspended immediately and then you have to pay the rest in full. JWell, I could not afford to pay the surcharge in full and tried to call and setup another smaller payment. I was told no and that my driverís license not going to be reinstated on less I pay the $130 fine that I canít afford.
I continued to drive with a suspended drives license and figured I would save some money and pay it off when I had the money saved. I prayed that I would not get pulled over, but that was not the case. I was pulled over in December because the tints on my windowss of my car that I have been drive for the last eight years in the same town were too dark. The ticket for the tint was dropped,(turns out the tint was legal it was just real cloudy that day) but now I had another $250 surcharge for diving with a suspended license. Well I canít afford to pay that surcharge so now I am really in the hole. I just got pulled over today 01/23/2009 for not using my signal light. I received a warning for that, but now I am going to get another surcharge.
I am at my wits end. I donít know how am going to pay for all these surcharges. I can afford a small payment right now until my hours are raised, but I called the surcharge office today and they said I can make payments on the two new surcharges $60 a month for both, and I would have to pay $ 130 for the first surcharge in one payment. I donít have anyone to drive me to work; I just enrolled in school and really need my job.
I know that with the amount of letters you receive, this is one in a million. I guess by writing this I can put my thoughts together. I donít have any other options but to continue breaking the law and drive with a suspended license. I just hope that I wonít lose my job and my house for a mistake I made three years ago. I tried to get a small loan to pay this off but, I donít qualify. Please make it easier to make payments in this economy. If things keep going this way, I think I will be first person lose his house to the surcharge and not the economy.
joshua

United States

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#17
Feb 8, 2009
 
first off i would like to start off with letting everyone know i am an alcoholic. i have completed different treatment programs and i am now in recovery. being an alcoholic i have received three dwi's. i understand that i diserved the punishments that i have received. some of these punishment included jail sentences and treatment programs and for those programs i am very thankful. with that being said here is my issue after being in and out of jails and treatment programs before becoming willing to work a recovery program i had these surcharges backed up. i have been working on getting my life back in order one step at a time. now i am to the step of working on getting my license back. i was kinda siked out when i was told i could pay these surcharges out. i was told i would pay off one then it would jump to the next one. this is true i could have done that if had started paying on them earlier, but being an alcoholic i didnt because i was in either treatment or jail sanctions.as i look around the rooms in my support group i notice that most people in recovery are in poverty. i make twelve bucks an hour thats not much at all considering me and my fiance are both in recovery with three kids to look after. since i was in treatment when i was supposed to be paying on these surcharges they now want me to pay like five hundred bucks a month. what am i left to do?
Jeremy

United States

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#18
Feb 12, 2009
 
Just a quick note to Amanda, the DPS has already addmitted that some motorists were not sent notices, even though they are required to send them.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

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#19
Feb 26, 2009
 
Jeremy wrote:
Just a quick note to Amanda, the DPS has already addmitted that some motorists were not sent notices, even though they are required to send them.
Jeremy, unforunately that is not fully accurate. In the fine print of the actual TX DRL, the TX DPS is not required to notify Texans of the Surcharge. They are ONLY required to notify you of your due date.(I read the actual TX DRL and was SHOCKED to find that!) That is why the TX DPS isn't being held accountable for not notifying Texas drivers of their Surcharge.

Disturbing isn't it?
Jim

United States

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#20
Feb 28, 2009
 
It is case law, and the Texas supreme court has said there is no such thing as a "Texas drivers license"
Unless you are using the roads in commerce, ie. for pay, you don't need a license from the state.
Tell DPS to shove the "fine".
mousephart wrote:
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.

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