Texas Driver Safety and Training

Why did the chicken cross the road? To show the armadillo that it can be done!

From the semi-tropical coastal plain to the mountainous deserts in the west, Texas is unique among all the states and, other than alpine meadows and arctic tundra, Texas has just about every type of landscape that one can encounter. The varying landscape means varying populations of animals that can pose dangers if they are encountered on the roadway. From alligators in the southeast to antelope and mule deer in the west, Texas has it all and each animal poses its own particular type of hazards. Being aware of the animal populations one can encounter and learning how to deal with an animal or herd of animals on the road is critical.

According to the Center for Disease Control in Atlanta, approximately 200 motorists each year are killed in animal related collisions, either from direct impact with a large animal or veering off the road or into oncoming traffic while trying to avoid hitting the animal. In addition to the deaths, more than 26,000 motorists are involved in animal related crashes each year.

No matter how small or large, all animals, wild or domestic, can pose hazards to drivers. No one wants to injure or kill an animal that has wandered out into the road but, if that happens, drivers face some critical decisions and they often have to make that decision within a second or two. Having a plan in advance can make that decision process a lot shorter.

When encountering an animal, the natural response is to veer out of the way to avoid hitting it but that can be a fatal choice. Drivers need to be aware that they can encounter an animal at any time and they need to be aware of the driving situation around them in order to make the best choice. Unfortunately, quite often, the best choice for a driver is to hit the animal. Veering to avoid the animal can take you into oncoming traffic or off the roadway where it is difficult to recover. Veering to avoid the animal can have tragic consequences not only for you and your passengers but also for other motorists on the road.

The deaths in animal related collisions most often involved deer. Deer can be a catch-all phrase for any type of large, hoofed animal and Texas has quite a few of them. Understanding the behavior of these animals and where they can be encountered, can help a driver prepare for an encounter.

• White Tailed Deer - This animal is the most common type of deer found in the US and can be encountered in any part of Texas. Deer tend to herd in small groups made up primarily of does and their offspring. Deer are most commonly encountered in the early morning or at dusk and can be seen foraging along the side of the road. If you see one deer, you can count on others being nearby. Before sunrise or at dusk, your first hint of a deer along the road may be the reflection of your headlights in their eyes. If you see deer, start slowing immediately and sound your horn. Do not flash your bright lights or you will encounter the proverbial deer caught in the headlights phenomenon where the deer freeze in place. Your best bet is to scare them with your horn and hope that they run back into the woods but be prepared for them to escape across the roadway directly into your path.
• Mule Deer - This animal is most commonly found in the arid southwest part of the state. Mule deer have seasonal migrations in the spring and fall when they move to higher elevations and back in search of food. Weather conditions can also force them to migrate into areas where they are not commonly seen. Just like the White Tail, these animals tend to hide away under the shelter of trees during the heat of the day and come out to forage at dusk and dawn. Unlike the White Tail Deer, the Mule Deer does not wave its white tail in the air. Some species of Mule Deer have dark tails and all species tend to keep their tails down making them more difficult to see at night than the White Tail Deer.
• Pronghorn Antelope - This animal is most often encountered in the high plains from the Panhandle to the Trans-Pecos region of Texas. Pronghorn normally live alone or in small bands during the summer but gather into large herds during the winter. Unlike the deer, this animal forages at all times of the day and night. The Pronghorn is the fastest land animal in the western hemisphere and can easily run at speeds of 45 mph for long distances and can, in some instances, reach speeds of up to 60 mph. Unlike the Cheetah, which can only run at high speeds for short spurts, the Pronghorn can maintain a high speed for long distances. Encountering a Pronghorn at these speeds combined with the speed of your vehicle can be devastating.
• Fallow Deer - This animal is native to the Mediterranean region of Europe but was brought to Texas for hunting purposes. These deer were primarily kept on ranges but have broken out and now occupy 93 Texas counties with a population of approximately 14,000 animals. Their behavior is similar to the White Tail and Mule Deer. The males gather in small bachelor groups. Females and their young are normally segregated into their own groups.

Labels: crash prevention techniques, driving safety, road hazards, texas roadways

From prairie country in the panhandle through dry, arid desert, down to the semi tropical climate on the Gulf Coast, few states have a more varied climate than Texas. With basically nothing more than a barbed wire fence to separate them from winter storms rushing down the eastern slope of the Rockies, the residents of the Panhandle area are somewhat accustomed to blizzards. The residents of the Gulf Coast rarely see snow but this December saw the earliest recorded snowfall in the Houston area and the second year in a row in which snow fell on the Gulf Coast. As its name suggests, the Hill Country can be especially difficult to drive in during a snow or ice storm and the western desert is not a place where a driver would want to be stranded in the snow.

The early snow storm in Houston led to the death of one motorist and serious injuries to a police officer investigating a traffic crash when another driver, attempting to slow down, lost control and crashed into the patrol car pinning the officer between his car and the guard rail. For drivers unused to driving in the snow, these weather extremes can be extremely dangerous. Drivers traveling across Texas in the winter should prepare for the worse.

If you live in an area that rarely sees snow, remember the following safety tips for driving in snow:

• It is important to remember that even a small amount of snow can make the roads very slippery and treacherous. The problem becomes worse when the snow on the road, reduced to slush by passing cars, freezes overnight and turns into a sheet of ice.


• Remember that bridges and overpasses will freeze first.


• Stay home unless it is absolutely necessary for you to go out.


• If you must go out, drive slowly.


• When slowing, don't hit the brakes too hard or fast; it can cause you to spin out and lose control of your car.


• Anticipate areas where there may be pedestrians and drive slowly.


• If your car begins to skid, turn your wheel in the direction of the skid. If the rear of your car starts to skid to the left, turn your wheel to the left. Take your foot off the gas and don't apply the brakes until your car has slowed and you have regained control. Look where you want your car to go and steer gently back and forth until your car is centered in the lane.

If you live in those areas of Texas where blizzards are common, remember the following tips:

• Blowing and drifting snow can obscure the edges of the roadway. Look for snow markers on the edge of the road.


• Whiteout conditions can exist, obscuring all road details and traffic ahead.


• If whiteout conditions exist, treat it like fog. Don't use your high beams; high beams will reflect off the snow making it more difficult to see ahead.


• In whiteout conditions, turn off your radio and listen for the sounds of traffic ahead.

If you are traveling across Texas on the interstates:

• In the desert, there are areas of where freeway exits are more than 100 miles apart.


• Make sure your gas tank is full. Keep it topped off before traveling on those long empty stretches between exits.


• Take extra blankets, power bars, and water in case you are stranded on the interstate between exits.


• If you are stranded, conserve gas. Run your car's engine just long enough to heat up the car and then shut it off.


• While running your engine, be aware of the possibility of carbon monoxide poisoning. Make sure your tail pipe isn't covered by snow and crack a window slightly while running the engine.


• Do not leave your car and attempt to walk. You are safer in your car until rescue personnel arrive.

Labels: driver safety course, driving safety, texas driving laws, winter driving

In today's world, there's technology we can have in our cars that could allow us to function there perfectly, such as in-car DVDs and some people have even gone to the extent as to having microwaves in their cars! But when it comes to cell phones, there are more gadgets and gizmos out there than any other in-car accessory on the market. But whether you use hands free kits or not, it's important you know the risks of driving and using a cell phone, hands-free or not.

Amazingly, 83% of teenagers in America admit to talking on their cell phone while driving, and 68% of teens to texting, but only 43% said they were actually confident in their driving ability while talking, even less when it came to texting while driving.

Studies conducted from the University of Utah shows that when young motorists talk on cell phones, their driving suddenly compares to that of very elderly drivers. They move and react a lot slower, and end up increasing their overall risk of accident. A professor from the university described the change as "Instant Aging", 18-25 year olds begin driving like 70 year olds in a matter of seconds.

Whether you're on the phone or hands free, when you're driving it doesn't matter, you could still be putting yourself at risk. If a driver is part of a conversation, on the phone or otherwise, it will often result in problems in driving, whether it's a lapse in concentration, or driver distraction.

Research conducted in 2003 has also recently proved that motorists that talk on cell phones while driving are actually more impaired than drunk drivers. An experiment was conducted using adults aged 18-25 and 65-74 year olds, they were placed in driving simulators and were asked to talk of cell phones. It was found that the 18-25 year olds reacted a lot slower to brake lights from cars in front of them, and other every-day driving obstacles. The 65-74 year olds, were ever slower.

Drivers who speak on cell phones were an incredible 18% slower when breaking, and had a 12% greater following distance. It might not seem like a lot on paper, but when you think about it, it could make a big difference when it comes to stopping in time if a child runs out into the road.

Even in-car conversations with passengers can effect your driving. This doesn't necessarily mean you have to travel in silence, but complex and long conversations can seriously effect driver concentration the longer the conversation continues. Giving road directions can also cause concentration lapses, if you have passengers in the car with you that will be directing you, it's important to make sure they know exactly where they're going themselves, and can let you know early, giving you plenty of time to react to the direction well before you need to commit to it.

Some states in America have banned the use of cell phones while driving, but some haven't yet, it's up to you to make the right decision when it comes to cell phone use in the car. Hopefully you will be sensible and think about the effects of cell phone use and driving, because one day, your actions might not only effect just you.

Labels: cell phones, distracted driving, driving safety, teen drivers, texting

While getting a speeding ticket in Texas is never a happy occasion, drivers can mitigate the effects of the speeding ticket by taking a defensive driving course. In addition to not having points added to the violator's driving record and avoiding an auto insurance increase, drivers can use the course to refresh their driving skills and evaluate their current driving behavior. Here are the steps to follow to have your Texas speeding ticket dismissed and reap all the benefits of a defensive driving course:


Step One: Check your speeding ticket for your court date. You must ask the court for permission to take a defensive driving course for ticket dismissal, in person or via US mail, but the appearance date indicated on your ticket. You must submit a completed copy of the Affidavit form with your signature notarized, proof of valid non-commercial Texas driver's license, the court administrative fee, and a copy of your insurance policy when requesting permission to take the defensive driving course for speeding ticket dismissal.

Step Two: Once the court grants permission for you to take the course, you'll have 90 days to complete the course and submit your certificate of completion to the court. Conveniently, the Texas ticket dismissal course is offered online. So your next step is to register for and take the Texas defensive driving course. If you take the course online, you don't have to take it all at once; you can log in and out of the course as many times as necessary. Your place in the course will be saved so the next time you log in, you can just pick up where you left off in the previous session.

Step Three: After you complete the speeding ticket course, the school will issue a certificate of completion. The certificate will be sent to you for you to submit to the court; by Texas law, the school can't do that for you. You may need to send a copy of your driving record to the court with your certificate; check with the county that has jurisdiction over the speeding ticket to be sure. If a copy of your driving record is required and you don't send it, the speeding ticket dismissal process could be delayed. Be sure to submit the certificate by the deadline imposed by the court.

Tips for a Clean Driving Record in Texas

In the state of Texas, you may to take a defensive driving course once every 12 months to dismiss a traffic ticket. The points you receive for a speeding ticket will remain on your Texas driving record for a period of three years; however, you can avoid having the points assessed if you take a defensive driving course. Even if you haven't received a ticket, you can take a defensive driving course to have points removed from your Texas driver's license and to receive insurance discounts.

Are you eligible for a Defensive Driving Course?

Be sure to meet all deadlines imposed by the court; failure to do so could affect the status of your driver's license.

If you have a Commercial Driver's License (CDL), you may not take a defensive driving course for ticket dismissal.

You are not eligible for the traffic ticket dismissal course if your citation was for driving 25 mph or more above the posted speed limit.

Labels: defensive driving, dismiss traffic ticket, driving safety, online defensive driving, texas driver record, texas traffic ticket

In Texas, drivers who receive a traffic ticket may be able to have the ticket dismissed and keep their auto insurance rates from increasing when they take an online defensive driving course. Texas drivers who haven't received a ticket may qualify for an insurance discount. As an added benefit, all drivers who take a defensive driving course will learn a variety of driver safety techniques.

An online defensive driving course is helpful to drivers at all levels of experience; young drivers benefit from receiving training that reinforces the lessons they received before becoming licensed, and drivers with years of experience benefit from receiving a refresher on driver safety techniques.

Young drivers learn a considerable amount of theory in driver education courses, and are often too excited and overwhelmed to put this theory into practice when they begin behind-the-wheel training. A traffic ticket is an early warning sign that the young driver has not assimilated theoretical safe driving concepts into their driving practice, is succumbing to peer or internal pressure and using risky driving behaviors, has not received enough behind-the-wheel training, or all of the above. More driver education could help a young driver avoid a motor vehicle crash and its possible tragic consequences.

Drivers who have years of experience behind the wheel have often become complacent in their driving habits. The driving environment may have undergone changes (such as increased traffic congestion) since they learned to drive, but few drivers stop to consider whether changes in their driving behavior are needed. Drivers who are parents can learn better driving habits so they can serve as better driving examples for their children. Some techniques, such as following distance, have been updated since more mature drivers on the road received driver training; defensive driving courses also include updates on legislative changes that affect drivers. Also, mature drivers have to contend with new distractions, such as cellular phones and in-vehicle navigation systems, whether they are being used by themselves or other drivers.

Some drivers are hesitant to take a course online, especially if they have limited computer experience. But these courses are easy for anyone to use and can be taken in the safety and comfort of the driver's home. Online courses offer convenience, ease of use, and flexibility, along with an opportunity to improve driving skills, which helps keep all road users safer.

Labels: defensive driving, driving habits, driving safety, online defensive driving, texas driving laws, texas traffic ticket

The Texas Legislature had a busy year in 2009 and enacted the following laws that went into effect on September 1st.

Driving Safety

• Seat Belts

HB 537 requires all occupants of a vehicle, no matter where they are seated to wear safety belts or to be secured in an approved child safety seat. Passenger vehicles include passenger vans that carry up to 15 passengers including the driver.

This law also removes the exemption for third-party Medicare transporters and now requires that they use child passenger safety seats.


• Child Restraint Seats

SB 61 changed the law regarding child safety seats and now requires any child 8 years and under to be secured in an approved child safety seat. Children too large for the typical toddler child safety seat need to be secured in a booster seat. Children younger than 8 who are at least 4'9" tall can be placed in a regular seat belt.

The fine for this offense is $25 for a first offense and $250 for a second offense. The law also includes an increase in court costs to provide child safety seats for low income families.


• Wireless Communication (Cell Phones and Texting)

HB 55 makes it illegal for any driver to use a cell phone while in a school zone unless the vehicle is stopped or the driver is using a hands free device.

A permitted defense to prosecution under this law is if the driver was making an emergency call.

Teen Drivers/Minors

HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license.

The law requires that a provisional driver's license or instruction permit expire on the individual's 18th birthday. It also removed the requirement that a provisional driver's license or instruction permit be renewed every year. The fee for those licenses increases from $5 to $15.

• Graduated Driving Laws

HB 2730 extends the current phase-two restrictions for holders of a graduated driver's license from 6 months to 1 year. The restrictions include limits to night time driving and the number of passengers.


• Wireless Communication

HB 2730 and HB 339 restrict all drivers under the age of 18 from using a wireless communication device while operating a motor vehicle.


• Crimes

HB 2730 closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 provides that if a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile's driver license or permit to be suspended.


• Boating While Intoxicated

SB 328 gives DPS the power to suspend a minor's driver license if they fail a breath or blood alcohol test while operating a watercraft. The Transportation Code clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections from $50 to $100.

Driver's Licenses
HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant's residence address has also been provided, with some exceptions.

Neighborhood Electric Vehicles
SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.

Motorcycles
HB 537 prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.

SB 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course.

The law also removes the minimum limit of $10,000 in health insurance to be eligible to ride a motorcycle without a helmet. The rider must be at least 21 years of age and provide proof of an applicable health insurance plan.

The law increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.

Labels: driving safety, texas drivers license, texas driving laws

Recent research indicates that through the combined efforts of lawmakers, law enforcement, and individual road users, Texas roads are getting safer. According to the Texas Department of Transportation (TxDOT), the fatality rate on Texas roadways in 2008 was 1.41 deaths per hundred million vehicle miles traveled, a 1.40% decrease from 2007.

But there is still much work to be done: 3,468 people died in motor vehicle crashes in 2008, seven more than in 2007. Though the increase is small, it reverses a downward trend that had been occurring since 2003.

Funding for roadway improvements helps make Texas highways safer for all users. In 2009, the Texas Transportation Commission approved $600 million in funding for the 2009 Safety Bond Program that provided for 355 improvement projects over 900 miles of highway, including:

• Widening narrow two-lane roads
  
• Adding left turn lanes and continuous left turn lanes to lower the incidence of rear-end collisions
  
• Installing concrete and cable barriers in divided highway medians to reduce the risk of head-on collisions
  
• Converted undivided roads into divided highways
  
• Building overpasses and interchanges to improve the flow of traffic and reduce crashes

Recent legislation that helps keep Texans safer on the road includes:

• Requiring all occupants to fasten their safety belts regardless of their age or where they are sitting in the vehicle
  
• Prohibiting motorcyclists from carrying passengers under the age of five unless the child is seated in a sidecar -Requiring children under the age of eight to be in an approved child passenger safety seat unless the child is at least four feet, nine inches tall
  
• Prohibiting drivers from using wireless communication devices in school zones unless the vehicle is stopped or a hands-free device is used if a sign is posted at the beginning of the school zone
  
• Increasing the penalty for Driving While Intoxicated (DWI) with a child passenger by adding an automatic driver's license suspension for first-time offenders and an increased suspension period for repeat offenders
  
• Allowing police to order blood draws without search warrants from individuals they suspect of Driving While Intoxicated (DWI) in certain cases
  
• Increasing the penalties for driving with a suspended license or without insurance
  
• Requiring a six-hour driver education course for all first-time drivers' license applicants who are between 18 and 25 years of age.

Texas is making particular improvement in the area of teen driving safety. According to the Texas Transportation Institute (TTI), the rate of fatal teen crashes is declining more quickly and steadily in Texas than in any other state. This progress is due in part to a peer-to-peer safety program for young drivers called Teens in the Driver Seat.

A study conducted by TTI looked at 36 states with a minimum of five years of crash records obtainable after implementation of a Graduated Driver License (GDL) law; the Teens in the Driver Seat program was part of the study because it is meant to supplement the state's GDL law. The study indicated that Texas has accomplished the following:

• Reduced the number of fatal crashes per 10,000 teen drivers by 32.5%, more than any other state studied; Texas was the only state that had a steady reduction in the rate of fatal teen crashes for five years in a row.
  
• Lowered the number of teen drivers in fatal collision by almost 33%; the average number for several other large states increased.
• Lowered fatal motor vehicle crash rates for teen drivers by more than five times that of other age groups in Texas.

How can Texas roads become even safer? Legislation, funding, and advocacy groups do make a difference, but on an individual level, drivers must take responsibility for their behind-the-wheel behavior. According to The National Safety Commission (TNSC), every driver should practice defensive driving techniques, such as:

• Avoiding distractions such as reading while driving, eating, using a cell phone for talking or texting, and dealing with children.
  
• Making sure you are physically fit to drive by avoiding drowsy driving. Studies show that 37% of drivers report having nodded off or fallen asleep while driving.
  
• Making sure you are emotionally fit to drive by avoiding aggressive driving. Be courteous to other drivers even if they aren't courteous in return.
  
• Including other road users, such as motorcyclists and pedestrians, in your visual search pattern.
  
• Wearing safety belts. According to the TxDOT, of all individuals killed in motor vehicle crashes in 2008 where restraint usage was applicable and usage was known, 56% were not restrained when the deadly collision occurred.
• Taking a defensive driving course to refresh your driving skills, especially if you receive a traffic ticket.
  
• Setting a good driving example for your children. Long before you start giving driving lessons, your kids absorb your driving practices as the "correct" way to drive.
  
• Enforcing GDL laws as house rules for teen drivers.
  

A parent-teen contract can help by making penalties for breaking the rules clear.

The need for motorists to police their own driving behavior is supported by the sad fact that, according to TxDOT, there were zero deathless days on Texas roadways in 2008.

Labels: defensive driving, driving safety, TNSC

A recent story in The Houston Chronicle discussed the implications of a new Texas law that allows police to order blood draws from individuals they suspect of Driving While Intoxicated (DWI). Previously, police were required to obtain a search warrant from a judge before ordering the test. The law goes into effect on September 1.

Though the law is causing some controversy, particularly among defense attorneys, it is not without precedent in the United States. Many states, including Florida, allow police to order the withdrawal of blood from a Driving Under the Influence (DUI) suspect without a warrant from a judge.

Despite widespread defensive driving education programs and law enforcement efforts to curb drinking and driving, the problem still causes many fatalities in both states every year. In Texas, the use of alcohol or drugs while driving causes 28% of fatal crashes and is the second most common contributing factor for crashes, according to the state's driver handbook.

Florida Traffic Crash Statistics show that there were 22,823 alcohol-related and 1,252 drug-related motor vehicle crashes, resulting in a combined 1,446 deaths and 17,160 injuries, in that state in 2007. Thirty-nine percent of traffic fatalities were alcohol-related.

Nationwide, statistics from the National Highway Traffic Safety Administration (NHTSA) indicate that in 2007, drivers who had a Blood Alcohol Concentration (BAC) of .08 or higher who were involved in fatal motor vehicle crashes were eight times more likely to have a previous conviction for driving while impaired than drivers who had no alcohol in their systems. The most frequently-recorded BAC level for drivers who had been drinking and were involved in fatal crashes was .16.

The new Texas law is much less far-reaching than current Florida law, which allows law enforcement officers to order a blood test under any circumstances when use of an impairing substance while driving is suspected. Under the terms of the Texas law, police are only allowed to do so in particular circumstances, such as when the suspect is a repeat offender, a passenger in the vehicle is killed, or a child under the age of 15 is a passenger in the vehicle.

According to the Florida Department of Highway Safety and Motor Vehicles, Florida DUI law also allows police to pursue the withdrawal of a blood sample "by authorized medical personnel with the use of reasonable force by the arresting officer" if the DUI involves serious injury or a fatality. Also, an individual who is unconscious or otherwise unable to refuse the test is presumed to have given consent to the test under the state's Implied Consent law.

Although states have been struggling with how to reduce motor vehicle crashes caused by drinking and driving for many years, national statistics indicate that that there is still much work to be done. NHTSA statistics indicate that an alcohol-impaired-driving fatality occurs every 40 minutes in the United States.

Labels: driving safety

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