Saturday, June 11, 2005

Dallas Defensive Driving Resource

Dallas defensive driving
If you have received a traffic or speeding ticket in Dallas county and are considering taking a Dallas defensive driving course, you have come to right place. This post is a complete resource for anyone that wants to know what choices are available to you, and the step by step procedures involved.
After you get a ticket in Dallas you have two basic options.
  1. Pay the fine - You always have the option of simply paying the fine in full. This can be done online at http://www.tickets.dallascounty.org/index.html or by callingthe central collections office at 214-904-3188. I would never recommend this option, as there are possible consequences. Besides the monetary value that you will be forced to pay, there is also the potential of significant insurance premium surcharges that can occur and cost you hundreds or thousands, depending on the number of previous violations on your driving record, or if you were to be involved in an accident.
  2. Take a Dallas defensive driving course - If you are eligible (see eligibility listing below), this the the best option available to you. By taking a defensive driving course you will keep the potentially harmful blemish off of your driving record, and you will not have to pay the ticket fine. You will still have to pay the court fee, but when you look at the big picture you are saving good money, not to mention the savings on your insurance premiums if your provider offers a defensive driving discount.

So you want to take a Dallas defensive driving course...now what?

First you have to find out if you are eligible. You have the right to take a Dallas defensive driving course if you have charged with any of the following:

  1. Failure to obey warning signs (under Transportation Code § 472.022)
  2. A misdemeanor traffic offense (under Subtitle C, Title 7, Transportation Code)
  3. Operation of a motor vehicle by a minor (under Transporation Code § 729.001 (a)(3))

You are not eligible to take a defensive driving course for the situations listed below:

  1. An insurance violation
  2. A parking violation
  3. You have a commercial drivers license
  4. Have taken a defensive driving course for ticket dismissal purposes in the past 12 months. (Taking a course for insurance discount purposes only does not apply)

These violations are also not eligible to take a Dallas defensive driving course without court or judge approval:

  1. A serious traffic violation
  2. Speeding 25+ MPH over the speed limit
  3. Failure to remain at the scene of an accident
  4. Failure to render aid
  5. Tickets in school or construction zones
  6. Passing a school bus that is loading or unloading children

To properly request to take a defensive driving course follow these steps:

  • Sign the ticket and make a plea of guilty or no contest
  • Provide current proof of insurance (as stated in Chapter 601, Texas Transportation Code)
  • Show proof of a valid Texas driver's license or permit
  • Payment of court fee. If you choose to take a Dallas defensive driving course to have your ticket dismissed, then you will owe the court fee amount (this is listed on the ticket) only and not the total fine amount.
  • Mail the above information by the answer date indicated on the ticket

After you have sent your signed ticket, a copy of your insurance, a copy of your Texas drivers license and payment for the court fee, you can then find a Texas Education Agency approved driver safety course to start taking your course. The Court will give you 90 days after you requested to take a course to successfully complete a Dallas defensive driving course and file with them the completion certificate, plus a copy of your driving record and a driver safety course affidavit.

Driving Record - this is required to be filed with the court because it provides proof that you have not completed a defensive driving course in the 12 months prior to your offense. Here is a link to get your driving record sent to you. Simply fill out the form and send to the Deparment of Public Safety. Give yourself plenty of time it can take up to 4 weeks to have this sent back to you.

Driving Record Form

Defensive driving course affidavit - This affidavit is stating that you are not currently taking a course or have taken, within the 12 months preceding your offense, that is not yet shown on your driving record from the DPS. Sign and notarize the form listed below.

Defensive Driving Course Affidavit

After you have completed the course and received your completion certificate, make a copy of it for your own records, and mail the original with your driving record, and notarized affidavit to the appropriate court, and you are done. You will have a clean record and be back on the roads to live another day. Good luck and safe driving!

Friday, June 10, 2005

Houston defensive driving - you now have options!

Houston defensive driving - You now have options!

A couple years ago if you got a traffic or speeding ticket in Houston, Texas you had only 3 basic options.

  1. Pay for the ticket
  2. Hire a traffic attorney
  3. Take a Houston defensive driving course

Today, as you drive across the beautiful roadways of Houston (or sit in the beautiful traffic), you still have the same three basic options, but the landscape has changed and there are reasons that you might want to consider in determining which route you will go when you get a speeding ticket, or have any other moving violation in Houston.

Option #1 - Why not simply pay for the ticket?

Getting a speeding ticket in Houston is not something that you should take lightly. There is a significant financial burden that can be placed on you when you factor in the price of the ticket, the court fees associated with it, and most importantly the auto insurance premium increases that can occur if you just allow these violations to go on your driving record, which is what happens when you just pay the fine. Just one speeding ticket (depending on the state you reside) can drive up you insurance premiums over a 3-5 year period, with the average surcharge being between $125 - $500. The number of prior violations that you have on your driving record is the determining factor as to the severity of this surcharge. Most insurance companies will not automatically increase your premiums on you first ticket, but once you have one or more on your record you are opening yourself up for huge payment increases with future tickets or even loss of coverage if you were to get in an accident with prior issues on your driving record. Most insurance agents will tell you to keep your driving record clean by all means if possible, which you can achieve through the other two options.

Option #2 - Should I hire a traffic attorney?

This is the second option after recieving a traffic ticket in Texas. Hiring a traffic attorney is a popular option for those of you that do not have the time or the desire to appear in court on the date listed on the ticket. In exchange for a lawyers fee, your attorney will represent you in the court at your appearance date and time, and will attempt to do all he/she can to get a lenient punishment. In the past, the best case scenario with fighting your ticket and hiring an attorney, was that there was a possibility that the police officer that wrote the ticket would not appear and the citation would be thrown out. Although this occurred quite often, changes in the law and city procedures have made it much easier for the police officer to appear, and severly cut down on this happening, which is not a good thing for those drivers hoping for the easy way out. The bennefit of a local traffic attorney is that they know the court, the judge, and the law. Many times it is through these connections that an attorney can arrange for a satisfactory reduction in the fine that you have been given. Although this would appear like a good option, after it is all said and done, it could cost you much more than you think, and the citation will still go on your record. After you pay or the attorney fee, the court fee, and the reduced fine, you will have spent a pretty good chunk of change. Plus, the violation still goes on your record, which can cost you even more money with insurance premium surcharges that can apply after multiple tickets. Many times a traffic attorney and the local attorney for the city or county will only allow so many violators to get fine reductions, and the rest will still have to take a Houston defensive driving course. So you have paid to get something that you could have got for yourself. The only benefit to hiring an attorney in my opinion is if you truly have a case in disputing the ticket, or you don't mind paying to not have to appear in court and your driving record is clean. This leads us to the last option you have after recieving a traffic or speeding ticket in Houston.

Why take a Houston defensive driving course?

In Houston after recieving a ticket many times you will be given the option of taking a Houston defensive driving course for the purposes of dismissing a traffic or speeding ticket. There are certain violations that will require judge approval to take a course if you are charged with:

  1. Speeding 25+ over the speed limit
  2. Passing a school bus
  3. A serious traffic violation
  4. Failure to give notice or render aid after an accident
  5. Committing an offense in a construction zone

This option in my opinion makes the most sense. The most important reason is that the moving violation that you have been cited for will not go on your driving record, which will save you from the wrath of insurance premium surcharges that can occur from multiple violations, especially if you were to get in an accident in the future and you had multiple traffic tickets on your record. We are talking about potentially thousands of dollars, which is serious business.

Secondly, you will not have to pay the fine for the ticket. You will have to pay the court fee, which is $95 on all moving violations and $120 for speeding in a school zone (information from www.houstontx.gov). Houston defensive driving courses by law are 6 hours in length, and are available in classroom, video, or online format. I highly recommend the online form due to its self paced nature that allows for you to accumulate the 6 hours on your own schedule. Another benefit of taking a defensive driving course is that you can notify your insurance company of your successful completion and receive a discount. Most insurance carriers will offer the defensive driving discount (normally around 10%), but I suggest contacting your insurance agent for their particular rules and procedures. So by taking a houston defensive driving course you will be keeping your driving record clean, not having to pay the ticket fine, and potentially saving money on your insurance, which all save you money both in the short and long term. The choice is yours, and as the title of this post proclaims: I am just here to give you your options. Good Luck!

Thursday, June 09, 2005

Speeding Tickets Laws in Texas

Speeding tickets in Texas...know the laws!
This article is going to summarize the Texas State statutes related to speed.
Basic Speed Rule: No person shall drive a vehichle at a speed greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards.
What is a reasonable and prudent speed?
The statutory speed limit, is stated as operating a vehicle in excess of the speed limits listed below is proof that such speed is not reasonable and prudent and is unlawful, not to mention, likely to get you a speeding ticket.
  1. 70 MPH during the daytime on "numbered" highways and farm/ranch-to-market roads outside an urban district.
  2. 65 MPH during the the nighttime on "numbered" highways and farm/ranch-to-market roads outside an urban district.
  3. 60 MPH during the daytime on highways that are not "numbered" and that are outside of an urban district.
  4. 55 MPH during the nighttime on highways that are not "numbered" and that are outside of an urban district.
  5. 30 MPH in an urban district
  6. 15 MPH in an alley
  7. 15 MPH on a beach
  8. 15 MPH on roads adjacent to a public beach (if declared by the commissioners court of the county.)

Speeding tickets for slow driving?

Minimum Speed Limit: No person shall drive so slowly as to impede the normal and reasonable movement of traffic. Also, a person driving at a speed lower than the normal flow of traffic, shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Interpretation: if you are not passing someone, you should be in the right hand lane.

Consequences of Speeding

  1. Fine: The fine range for speeding tickets is from $1-$200 depending on your speed. Fines can be doubled under certain cicumstances, such as if a speeding offense occurs in a construction or school zone.
  2. Licensing Action: Suspension or revocation of your drivers license due to a speeding violation is at the discretion of the licensing agency. This happens when you have been (1) habitually reckless or negligent during vehicle operation or (2) habitually in violation of traffic laws. *if you get your license suspended the term is no less than 1 year and revocation is for an indefinite period.
  3. Deferred Diposition: This is an option if your speeding ticket was not in excess of 25 MPH over the speed limit. If charged with a speeding ticket you may have the option of participating in a deferred disposition program. Under this program, a driver may plea guilty or no contest to the offense and complete a "driver safety course" or Texas defensive driving is another name. The court defers a judgement on your case for 90-180 days and will dismiss the charge when the course has been completed.

Other criminal actions related to speeding

Racing on the Highway - This offense is a misdemeanor that can produce fine amounts between $1-$200. Imprisonment is not normally involved, but license suspension or revocation is a possibility.

Reckless driving - This offense is a misdemeanor as well, and also produces fine amounts not in excess of $200, but imprisonment of no more than 30 days is possible.

If either of these misdemeanor offenses were to occur in a double fine area (construction zone or school zone), the fine is doubled, and any incarceration costs associated with the speeding offense may require a fee of $25 per day while in the county jail. Deferred Disposition or Texas defensive driving is still an option upon the judges discretion.

Commercial Vehicle Speeding Ticket Information

A commercial licensed driver can be disqualified from operating a Commercial Motor Vehicle (CMV) if while driving such a vehicle either (1) commits 2 "serious traffic violations" within a 3 year period or (2) commits 3 such violations within a 3 year period.

Disqualification Period - 2 serious violations (within 3 yrs) = 60 days; 3 serious violations (within 3 yrs) = 120 days

Mandatory Disqualification -