Fight the Texas Driver Responsibility...

Fight the Texas Driver Responsibility Law

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“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#1 Apr 2, 2008
Hello Everyone! Are you a victim of the TX Driver Responsibility Law? Educate yourself and your rights at Website: http://www.myspace.com/fightthetxresponsibili... sign the petition at: www.petitiononline.com/TXDRP07/petition.html
e-mail: fightthetxresponsibilityprogra [email protected]
Texans will make a difference.
Thanks, Mary Moody
Gracchus

San Antonio, TX

#2 Apr 2, 2008
That is C%@P- the law is intended to punish the IRRESPONSIBLE Drivers out there- The same points system has been used in Europe for DECADES- and they have SAFER Drivers AND LESS Accidents pre capita!( Especially Germany- where ther are NO SPEED LIMITS on large streches of the Autobahn !)- I think the Law should of been enacted Long ago-Only IRRESPONSIBLE people would support a repeal- either Irresponsible Drivers OR Financially Irresponsible people that do not pay their Fines !

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#3 Apr 2, 2008
Gracchus wrote:
That is C%@P- the law is intended to punish the IRRESPONSIBLE Drivers out there- The same points system has been used in Europe for DECADES- and they have SAFER Drivers AND LESS Accidents pre capita!( Especially Germany- where ther are NO SPEED LIMITS on large streches of the Autobahn !)- I think the Law should of been enacted Long ago-Only IRRESPONSIBLE people would support a repeal- either Irresponsible Drivers OR Financially Irresponsible people that do not pay their Fines !
Yeah that's what you think! I paid all fines and fees by the TX DPS. Four Years Later I get the letter telling me to pay. Thanks for your opinion, but this is for those who want to fight this unconstitutional law.
Gracchus

San Antonio, TX

#4 Apr 6, 2008
Actually- this is a Public Forum- it is neither reserved for those for or against the Law.Being a Public Forum- each poster is free to agree or disagree with the Blog.
As to the Fine- show them the reciept- mail them a copy- that should take care of it.
As to unconstitutional- that is ridiculous- you are using the term Inappropriatly- to garner support for YOUR view on the Matter

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#5 Apr 6, 2008
you need to educate yourself; If it was that easy don't you think I would of done that. I have researched this law, you apparently have not. You can post your opinion but I ask for you to keep it in your own message board. This one is for those who are victims of the TX DRL. As for the unconstitional:
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.

research the TX DRL in comparision to our rights and you will see what i'm talking about. Unfortunately there are people like you who don't care and won't till it happens to you.
Gracchus

San Antonio, TX

#6 Apr 7, 2008
YOU need to Understand the Law and its Addenda,Precedent , etc
by points here are my comments on your above-

Sec 13- The TERM Excessive is a RELATIVE term- YOUR opininion is that it is excessive. Cruel and Unusual ?- a fine - no.The fines are "Remedy by Law"-
Article 1- You were not Tried, Your pled and were Rendered a verdict, or Paid a fine in Liew of Court.Double Jeopardy-That does not apply

ART 1 sec3a -Equality of the Law was applied- as ALL drivers can be EQUALLY Fined....

That is really Meant for PRIVATE DEBT ,but does apply here- as it applies to the Driver- you pay a Fine in LIEU of Court- the Driving Infraction is Jailable- but instead of Jail - you pay a fine- FAILING to PAY results in the FINE agreement to be NULL, and the ORIGINAL required Punishment of Jail is re-instated because YOU Nullified the Fine Agreement BY NOT PAYING
The IRS is 1-FEDERAL- 2- Failure to pay Taxes is a CRIMINAL offence - that is what you are jailed for
Sec 16- See above for Bill of Attainder.It is not a Retroactive Law.It does not Apply to Contracts, While it is your opinion of Ex Post Facto- it is worded such that it is not , and applied in that it is not- but that would be the best area of Public Debate on the Law

ARt1 sec 2 Inherit Polotical Power et. al.
the Key phrase is "Republican form of Gobvernment"- as YOUR representative- i.e elected official- voted yea or nay on the Law- Republics are REPRESENTITIVE Democracies- this was upheld under the LAw- what you call for is a general vote bey the Voters- that is Pure Democracy- EVERY bill,law ,etc is voted yes/no by the Voters. That is not how a REPRESENTATIVE Democracy works

You need to AT least get a Blacks Law Dictionary and study Constitutional Law and State Law, in addition to Case studies /precedents

Bottom line- It was in the Interest of the People to pass this Law as too many IRRESPONSIBLE drivers do not pay, or continue to break the Law, Making the Fines more expensive, and more of a pain to pay was done to make it LESS desirable to BREAK the LAW.
It is also a matter of Public Safety- as Safety is Preferrable to Ease.
LAstly- Driving is a Privlige- NOT a Right.If you disagree with the Laws and Requirrements that apply with Driving- than I suggest you walk

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#7 Apr 7, 2008
for a person who hides their identity and does not know the law, you certainly have a lot to say. If you don't like my board, I suggest you post your thoughts somewhere else.
Other thoughts from Texans:
totally agree. I've had the unfortunate experience of seeing my now-21-year-old son make continous bad choices and not only has he been incacerated and received time-served for the various offenses, but he is now forced to pay thousands of dollars for the Texas DPS surcharges. He applied for a Texas Identification Card last spring, but he cannot even get that until the surcharges are paid in full. I cannot believe that whatever entity is in charge is allowed to deny him access to havng an state-issued identification charge. How i the world is he supposed to get a job and pay for these surcharges if he has no identification. I believe that the State or the DPS has merely manipulated the "double jeopardy" problem by calling these double-jeopardy fines "surcharges." There are lawyers and judges that even say they are unconstitutional. If businesses/companies were doing what the State is doing on these surcharges, the Attorney General (State and/or Federal) would notify the public of this scam, and they would go after the companies for the scams. That's exactly what they are. Also, if the funds are being used for the good of the general public, then the entire general public should have to contribute, not just a group of people who have made bad choices and who have presumably already paid their debts to society. I am surprised that the state democratic legislators allowed this to happen.
I would think if someones license is suspended by this program for one missed payment and they go to jail where very bad things can happen to you, they would be liable because they failed to give a written warning before suspension.
If a big lawsuit happens it might change things.
Im am one the many that have missed my payment by one day and they tried to get me to pay $800 up front. It creates a downward financial spiral that an individual can't get out of. I didn't pay it and my license is suspended. Its a sad attempt to suck even more excess dollars from those who have made a mistake. Hopefully one of those scum legislators who help mandate this crap legislation will have relatives or kids that this will affect.
Talk about a corrupt system, thanks Gov Perry, not only do we not want the TTC but to double bill us for our mistakes is a travesty to the people of this state. I was in an accident and the other driver was ticketed, I was not, but yet my insurance company sent me a letter that they filed it as a "at fault" accident and accessed 6 pts to my drivers record so now I'll have to pay a surcharge fee, and I wasn't ticketed, how to get out of that, I've written letters but to no avail??? Help!
Great info there Tamara S. Wonder why more people aren't B!tchin about this? As if it's not hard enough for the average joe now days. High fuel costs, insurance, regular maintance on your vechile, car note (thank god mines paid for).
Sounds to me like it's time for a Texas tax err tea party..
So, Gracchus thanks for your information and for helping me to get many people to view the website! Seems that your incompetent thoughts are informing people more that I ever could. And don't worry, when this happens to you (and it will because even if you have a car accident that is NOT your fault, you are a part of the TX DRL.), I will help you.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#8 Apr 7, 2008
Gracchus

San Antonio, TX

#9 Apr 7, 2008
Seems I know the Law better than you do, as You misrepresent it and Make IMPLICATIONS as to its application/ Interpretation.
Yopur above Example is one of how the Law Protects the Citizens at Large "...I've had the unfortunate experience of seeing my now-21-year-old son make continous bad choices and not only has he been incacerated and received time-served for the various offenses..." Obviously the person received Jail time due to Vehicle related Crimes- he should pay the State Restitution for this- as per the LAW. Why should he do a bit of Jail time - and not ALL of it "...and received time-served for the various offenses..." why should the Resources of the State and Taxpayer have to pay?- HE should have to pay FULLY for his Crimes, AND Incarceration expenses. additionally he SHOULD NOT COMMIT CRIMES !Had he not been a Criminal he would not have this problem.
If you want to help out Criminals ( as per YOUR example above)- so be it, I prefer not to.
Had I helped your petetion any , as you claim , then it would of long since had enough signatures to be presented to the Legislature.
Your not so Subtle Insults do not resolve anything, and frankly , I think do your petetion a disservice.Believe it or not , I agree in some ways with some of your reasoning, but not in some areas,Emotive/Opinion appeal will only take the Petetion so Far, I would suggest you use better Examples than the Above and form a Logical, Law based Argument-with Fact, not opinion.It is the one that will Most help your Cause when before Legislators.
additionally- as I Poated before- YOu put this Blog in a PUBLIC Forum, doing such allows ANY person to reply- not just those that agree with you , as to your suggestion- I would say If you do not like having a different opinion than your alone ,or those that agree with you, 1- do not post in public Blogs and 2- I am tame by the Standard of Scrutiny your Challenge to the Constitutionality of the Law will receive , IF it ever gets any real Backing and Foundation to Challenge the Law.
The first thing you learn about Bills and amendments to the Law at Law School is- it is Easy to PASS a Law, but Difficult to amend, or repeal one.
Sincerely-Good Luck
I will follow your progress ( I am Undecided at Moment as to Support or Oppose believe it or not) on this topic- it is very interesting to see how you do

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#10 Apr 8, 2008
Gracchus, first of all, it's not my petition. It was started by another person, but I'm endorsing it for those who want to sign. I donít' know when the owner is going to present it; I'm currently trying to find the dates of when the Legislature meets, but that info is hard to find. I'm very aware about the difficulty of changing a Law. But I'm very determined.---And again, I did put this in public form for all views. I certainly accept everyone's opinion and views. Hence, that is why all this info is public and free to everyone. Second, stop judging people who "commit crimes". Yes, there are too many horrible people/crimes out there I support the victims of the TX DRL only. This has been forced upon us. So we don't have to keep going down the " Actually- this is a Public Forum- it is neither reserved for those for or against the Law.Being a Public Forum- each poster is free to agree or disagree with the Blog." road again. OK?
I appreciate any info you have regarding the law. I ask for any information you have that can help me. Believe it or not, I have been researching the info you provided. I do not want to get this wrong or deter anyone from it. I'm going to modify it. That is how determined I am. I will be on KVET radio and have my information posted in the Austin American Statesman and I have an appointment with Rick Perry. Now I know that is small potatoes, but it's a BIG start to me.
Now, you do seem to know the law.(If I offended you or was coming off as insulting you, I do apologize, that was not my intent.) But please look into this one. I appreciate your information and challenge. If you and others were not there, I would not know how to improve my campaign.
By the way, I don't support criminals; I feel that those without prior violations of the TX DRL (not the Drunk Driving part) should be given the option of clearing up their mistake. For example: citizens who get a speeding ticket can take a Defensive Driving course to clear up their ticket. Why don't we have the same advantage instead of being forced to pay for a fine twice? And why doesn't the money paid go to a fund for those injured/murdered by drunk drivers? Jenn Stevenson, Raini Wilson and Reaven Wilson were murdered Feb 28th, 2002 by a drunk driver and I will never support drunk drivers.(though they have the right to appeal, which seems to be missing from the TX DRL.) So I hope we are clear on that one.
I'm very interested to see how I do as well.
ike

United States

#11 Apr 8, 2008
I hope to see the penalties against irresponsible drivers get a lot stiffer. I resent having to pay through the roof insurance because a bunch of other people don't feel like taking responsibility for their own actions. May those of you who drive uninsured reap the fruits of your irresponsible and stupid behavior for a change rather than passing the consequences on to the rest of us.
Gracchus

San Antonio, TX

#12 Apr 8, 2008
"Fight"- As of this Moment , how many signatures do you Have?- Also I would recommend( and I know this is a LOT of HARD work- standing in lots,Mall etc. asking for signators) that you get them from People personally, not electronically- it will Impresses the Reps /Senators more as , Unfornuatly they are not very technologically adept.
The small Radio Station is a good Idea, and a start- I would try to get on to WOAI on AM , and another BIG station if possible.
KSAT 12 is pretty good at looking into stories such as yours- you have two options there- a- hope for a Slow news day and they need a fill segment- or do something Public and outrageous( but not too outrageous)to draw attention to your cause that will make them do the story on it and Interview it- Pete and a few of the Guys in the Booth usually do not make the call for what goes on or not though, you would have to try convince the Broadcast manager to the Importance of your story, and emphasuiize how much it hurts " the Poor little man " and " How the State is big and Evil" for doing this.
I am sorry to say that a meeting with Perry is pretty mnuch a waste of time as- 1- the Govoner is Powerless in Texas, and 2- Unless you like a lot of Double Talk and Platitudes- he won't be much help- it MIGHT help ' get the Word out " so to speak if it is covered by the Austimn Media, and someone lets them know about the Meeting <hint,hint>, Additionally I would say- CAREFULLY construct your Words and tone with perry- if you can catch him off guard with Facts and Public opinion, he will flub whatv he is going to say and might make a verbal Mistake, that would be GREAT if is on Camera- if he is caught supporting you, he will have to continue, if he is caught avoiding - you can use the " Big Evil Govt " argument- either way irt will call attention to your cause, and help out with the grass roots /popular opinion - and Voters are VERY important to ELECTED officials.....
s far a finding out when the Legislature meets- it is at their website( but sometime wrong)- the BEST way to do it is call your Local State Representatives office or better yetgo there personally or make an appointment with them to speak with him/her- they can tell you on the Spot- it is on their calender- and lastly- get as MANY people as possible to Actually telephone the representative in your district- they typically have 1 or 2 calls a day from Voter on different topics- but if they were to get 30 or more about the same topic- they will listen - as Most Reps are elected on less than 5000 votes either for or against - and 30 calls tlees them only 1% of the voters are going to the trouble to telefone- so that means there are several hundred Unhappy Voters out there- and in almost every State Rep District every Ballot - the seat is won by less than 100 votes for them, if you follow my implication to their Job Security.....

Post here if you need any Future help / advice / opposite view Moot debate- While I am still undecided on many aspects- I would rather see it " put to the Voter" in a disagreement. Also- I would prefer to remain ANON,
good luck, am following THE petition( sorry i used Your before)and your support of it

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#13 Apr 8, 2008
Just out of curiosity Ike, is your insurance co making you pay a higher rate b/c of the drivers you explained above? You said that you are suffering the consequences, how? I'm asking because I want to know every aspect I can regarding this matter. Progressive Auto Insurance use to have a policy that if your renewal date fell on a weekend, you were not covered till the next business day; Monday.(I don't know if they have the same policy, I dropped them immediately after this happened.) I had no idea that they did that! So on a Sunday night, I got a ticket for no car insurance b/c my renewal fell on a non-business day. I paid the fine and did everything required by the TX DPS and I know that many people don't. However, I wasn't aware of the TX DRL. My DL is suspended, but I take the bus.(Austin is wonderful in that fact! and I learned my lesson the first time) Let me know.
ike

United States

#14 Apr 8, 2008
FightTheTxDriverRespLaw wrote:
Just out of curiosity Ike, is your insurance co making you pay a higher rate b/c of the drivers you explained above? You said that you are suffering the consequences, how? I'm asking because I want to know every aspect I can regarding this matter. Progressive Auto Insurance use to have a policy that if your renewal date fell on a weekend, you were not covered till the next business day; Monday.(I don't know if they have the same policy, I dropped them immediately after this happened.) I had no idea that they did that! So on a Sunday night, I got a ticket for no car insurance b/c my renewal fell on a non-business day. I paid the fine and did everything required by the TX DPS and I know that many people don't. However, I wasn't aware of the TX DRL. My DL is suspended, but I take the bus.(Austin is wonderful in that fact! and I learned my lesson the first time) Let me know.
You've heard of "uninsured motorist" coverage. That's insurance that you pay for in case you are in an accident by no fault of your own and the person who caused it has no insurance.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#15 Apr 8, 2008
Honestly, I heard about it. But I don't know if our insurance company requires it. I'm trying to modify the TX DRL and one of the modifications is to give a percentage of the money received by the surcharge dept to those who are victims of drunk drivers/non valid car ins and DL. I know it's not TX responsibility to give that money to them, however the money is paid by citizens, it should go to citizens.

Does your insurance company require you to purhcase uninsured motorist protection? I use AMICA Ins now and I honestly don't know if they require it.
ike

United States

#16 Apr 9, 2008
Anyone who has to carry full coverage because they have an outstanding loan balance is required to carry "uninsured motorist" coverage because if you get in an accident that isn't your fault the assumption is that the other person's insurance is supposed to cover it. If they don't have any, then you'd be screwed. So, you pay for insurance on people who don't have any.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#17 Apr 9, 2008
check out of state rates, they are much cheaper.

Don't forget Ike, the main reason that people don't have have car insurance is because they can't afford it. I'm not saying that's right, but charging those who can't afford the insurance more money isn't helping.

I was hit by an uninsured person in 2000. I know the other side. But the punishment is very severe and people such as yourself still have to pay huge rates for the uninsured. The TX DRL doesn't solve our problems, it makes more.
ike

San Antonio, TX

#18 Apr 10, 2008
When I moved to Texas three years ago my auto insurance DOUBLED. Same vehicle, same coverage, twice as much money. Are you proposing that the DRL is responsible for that?

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#19 Apr 10, 2008
no, I don't know if they are responsible. I'm not proposing anything nor assuming. I was suggesting to check out of the state of TX for cheaper rates. Many people have recommended this.

“Fight the TX Driver Respon Law”

Since: Mar 08

Austin, TX

#20 Apr 10, 2008
Gracchus, I have been listening and reading about what you have been telling me.(thank you again for setting me straight!) I want to be fully prepared for my appt w/ Perry and want to make sure my facts are right. If I give you some information would if be possible for you to let me know 1. verify it's accurate 2. add important information. I appreciate it.

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