Texas Driver Safety and Training

Receiving a traffic ticket is no fun for anyone and receiving a Texas traffic ticket may be a little confusing for those who aren't familiar with the Texas court system. Texas law has created a multitude of courts and, unless you are thoroughly familiar with jurisdictions in Texas, you could have trouble understanding which court has jurisdiction over your ticket.

Your Texas traffic ticket should list the court having jurisdiction over your ticket and the officer should explain your court date and which court will be handling your case however, it may still be a bit confusing. The court that has jurisdiction over your Texas traffic ticket will depend on the law enforcement agency that issued the ticket and the location where you received your ticket.

Basically, there are two types of courts that have jurisdiction over Texas traffic tickets; Justice of the Peace Courts and Municipal Courts.

Justice of the Peace Court - If you receive a ticket from the Texas Department of Public Safety (Highway Patrol), a county sheriff, or a county constable, your ticket will normally fall under the jurisdiction of the Justice of the Peace Court in the county where you received your ticket.

Large counties such as Harris or Dallas may have up to 8 Justice of the Peace precinct courts within the county and the precinct court handling your ticket will normally depend on the precinct of the law enforcement agency that issued the ticket. It is important to remember that the precinct court handling your ticket may not necessarily be the one for the precinct where you live.

Municipal Courts - If you receive your ticket from a municipal or city police department such as the Austin or Round Rock Police Department, your ticket will be handled by the Municipal Court in that city or town.

Your Plea - First it is important to understand that signing your traffic ticket does not mean you admit guilt. Signing the ticket merely means you understand you have been issued a traffic citation and you know what date you must appear in court. If you do not pay your traffic fine or fail to appear in court on the scheduled date, you will be charged with "Failure to Appear" and your license may be suspended.

Upon receiving a Texas traffic ticket, you have several options. You may plead "Not Guilty" in which case a hearing date will be set. You may plead "Guilty" and pay your fine, or you may plead "Nolo Contendere" which means you don't admit guilt but the case will be handled the same as a guilty plea.

Traffic Ticket Dismissal (Deferred Disposition) - If you are eligible, Texas law allows one traffic offense in a 12 month period to be dismissed by taking a defensive driving course or a motorcycle operator's course. In order to be eligible to take the defensive driving course, you:
-may not have completed an approved defensive driving course or motorcycle operator course, as appropriate, within the 12 months preceding the date of the offense.
-must enter a plea of guilty or nolo contendere on or before the answer date on the citation and present the request to take the course to the court in person, by counsel, or by certified mail (postmarked on or before due date);

• must present to the court a valid Texas driver's license or permit or proof of active military duty status or be the spouse or dependent child of a person on active military duty; and
• must provide the court evidence of financial responsibility (Auto Liability Insurance).
  

You will not be eligible for ticket dismissal if:

• you are alleged to have been speeding 25 mph or more over the speed limit;
• the offense was committed in a construction or maintenance zone when workers are present;
• you were charged with passing a school bus loading or unloading children;
• you were charged with leaving the scene of an accident after causing damage to a vehicle that is driven or attended;
• you were charged with leaving the scene of an accident and failing to give information and/or render aid;
• you were charged with committing a serious traffic violation; and
• you held a commercial driver's license at the time of the offense or hold a CDL at the time of the request including when the person is driving his or her own personal vehicle.
  

Time Limits - In order to have your traffic ticket dismissed, you must request permission from the court by filling out a form. Depending on the court, you will have a certain time limit in which to submit the request. You should either hand carry the request to the court or send it via certified mail to ensure that it arrives prior to the deadline.

Court Costs - When requesting to attend defensive driving school, you must still pay court costs and, once you have completed the school, you must include a copy of your driving record along with your school completion certificate in order for the court to verify that you were eligible to attend the defensive driving course.

Out of State Drivers - Drivers from another state who receive a Texas traffic ticket may, with the permission of the judge, take an on-line defensive driving course that has been approved by the Texas Education Agency (TEA) to have the ticket dismissed.

Active Military - Active military members who hold an out of state license may request permission from the judge to take a TEA approved defensive driving course, as long as they have not taken a defensive driving course (or similar course) within the previous 12 months, in order to have the ticket dismissed.

Labels: defensive driving, driving safety, traffic ticket

Like most states, Texas has a point system for traffic violations however that is where the similarity ends. Most states assign a point value based on the severity of the offense earning a driver anywhere from 2 to 6 points depending on the offense. If you earn so many points in a specific period, your license may be suspended.

Points - The Texas point system is quite simple:

• Every moving offense as defined by Texas law that a driver earns in Texas or another state will receive 2 points.
• A moving offense that results in a crash earns 3 points.
• Points are not assessed for speeding less than 10% over the posted speed limit or for seat belt violations.
• Child safety seat violations will earn 2 points.
  

Points will remain on your driving record for a period of three years.

Surcharges

Just as in any other state, once a driver goes to court for these offenses they may be fined, have their license suspended or revoked and may have to pay fees to get their license reinstated. Where the Texas point system differs from most other states is the point surcharge system.

Texas requires drivers to pay an annual surcharge if they earn 6 or more points in a three year period. The surcharge is reviewed annually and if a driver continues to earn points the surcharge goes up.

For example:

A driver earns 6 points within a three year period and is assessed a $100 surcharge. If the driver continues to accumulate points, he or she will receive an additional $25 surcharge for every point over the original 6 points. A driver who continues to earn points each year will see his or her annual surcharge increase and it will continue until there are no longer 6 accumulated points on the driving record within a 3 year period.

Certain serious offenses such as a DUI do not earn points but are assessed an automatic surcharge that the driver will have to pay for three years after the date of conviction:

• Driving While Intoxicated (DWI), or a DWI-related offense
• First Conviction - $1,000 annual surcharge
• Second or subsequent Conviction - $1,500 annual surcharge
• DWI with Blood Alcohol Content .16 or greater - $2,000 annual surcharge
  

• Failure to Maintain Financial Responsibility (auto liability insurance)
• $250 annual surcharge
• Driving While License Invalid
• $250 annual surcharge
  

• Driving without a Valid License (i.e.; No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle)
• $100 annual surcharge
  

Surcharges are cumulative, for example:

A driver convicted of DWI pays an annual surcharge of $1,000. That driver is subsequently convicted of Driving While License Invalid and must now pay $250 in addition to the $1000 for the DWI conviction.

Drivers have 30 days to pay the annual surcharge or face suspension of their license until all the charges have been paid. Some drivers may be eligible for an installment plan that allows them to pay their surcharge over a longer period.

Point Removal

Texas allows one ticket in a 12 month period to be dismissed if the driver attends an approved Defensive Driving Course with certain exceptions:

• You must not possess a commercial drivers license (CDL).


• You must admit guilt and sign a statement that you do not contest the ticket.
• If cited for speeding, you must not have been speeding more than 25 mph over the posted speed limit.
  

You must receive permission from the court to attend the TX defensive driving course in order to have the points dismissed so make sure you contact the court prior to registering for the course. The court having jurisdiction over your ticket may require a fee to take the course and a fee to obtain a copy of your driving record in addition to the cost of the course itself.

You cannot use a certificate of attendance from a Defensive Driving Course that you attended previously for ticket dismissal. You must attend the course after conviction for the offense in order to have the ticket dismissed.

Labels: defensive driving, defensive driving course, driving safety, point system, seat belt safety, speeding ticket, texas defensive driving, texas traffic ticket, traffic violations

Driving is a complex behavior requiring sequences of activities that occur in an intricate and variable environment. Impairments in visual, cognitive, and motor function that occur as we age may affect a person's ability to drive safely. When you are driving, you must distribute your attention among multiple activities and be able to react quickly and correctly to situations that arise without warning. Poor reflexes and increased reaction time compromise your ability to do this.

Most senior drivers are capable and have a lifetime of valuable driving experience, so decisions about a person's ability to drive should never be based on age alone. However, changes in vision, physical fitness and reflexes may cause safety concerns. People who accurately assess these changes can adjust their driving habits so that they stay safe on the road. Older drivers in Texas are involved in a significant number of crashes; in 2007, there were 4,555 drivers involved in fatal crashes, 819 and of those drivers were age 55 or older.

One aspect of safe driving that becomes a challenge as we age is selecting a safe gap in traffic. According to the National Highway Traffic Safety Administration (NHTSA), in two-vehicle fatal crashes in 2007 involving an older driver and a younger driver, the vehicle driven by the older person was nearly twice as likely to be the one that was struck (59% and 33%, respectively). In 25 percent of these crashes, the older driver was turning left - five times more often than the younger driver. A safe gap in traffic allows you to turn, pass, change lanes or cross an intersection without jeopardizing other road users or causing a crash.

This and other safe driving topics relevant to older drivers are covered in the Texas defensive driving course, which have the added benefit of providing insurance discounts upon completion. Mature drivers who complete this course minimize crash risk while saving hundreds of dollars on their auto insurance. Drivers receive a certificate to submit to their insurance agency after completing this easy, fast, and worthwhile course.

Labels: defensive driving, defensive driving course, mature drivers, National Highway Traffic Safety Administration, NHTSA, older drivers, senior drivers