Austin Texas Faces Its Driving While License Suspended Problem
The Austin American Statesman ran an article today called “Unlicensed Drivers Clog System”. The short version of it is this: in 2003, the Texas Legislature needed to pull an accounting trick out of their hat, so that they could comply with the Texas Constitution’s balanced budget requirement. (See 2003 Budget Statement by Texas Comptroller.)
One of the ways they came up with a balanced budget was to impose future surcharges for DWI, No Insurance, and other offenses, and then project out how much revenue they would receive to cover their expenditures. Like most “blood from a turnip” schemes, they conveniently overestimated the financial returns they would receive (and they called it a “surcharge”, because who wants to vote for a “tax”?) The truth is that most folks that drive without insurance, do so because of poor financial health to start off with; adding extra financial burdens to their becoming street legal just increases your uninsured motorist coverage.
Unfortunately, the “pay us even more money, or we’ll suspend your license” law didn’t have the intended effect. It doesn’t raise that much money for the State of Texas (except in the case of those Austinites who can afford the $3000 to $6000 surcharge following a DWI conviction), but it does cause more folks to be driving around town with a suspended license.
Then throw into the mix this basic fact of life: people who are driving around with expired insurance often haven’t updated their address with Texas DPS in years. Then, when DPS mails them a letter about the suspension to the address on their license, they don’t receive it.
What happens next? A bunch of folks end up arrested and facing charges of DWLS, when they have a defense: they didn’t have actual notice that their licenses were suspended.
Now it may be true that some of these defendant’s haven’t behaved 100% responsibly, and need to be “encouraged” to become street legal, and to update their addresses with the DPS. But forcing them to pay even more money before they are allowed a valid license… that’s just counterproductive.
The surcharge law is designed to steal from the poor and give to the government. It is the more UNFAIR LAW I have ever seen that hurts the poor. My oldest son has to pay two surcharges for not paying insurance the year before. He recently got a DWI and now he will pay another surcharge that he can't afford besides attorney fees. My son earns $8.50 an hour plus some commissions selling cell phones at the mall. I can't take him back and forth to work because I have to work, but he is too poor to pay these surcharges. If the state wants to impose surcharge on the poor, then people need to pay on a sliding scale depending on what their income is. That is only FAIR!!!!
The surcharge is a crime by the states of Texas and New York. They are trying to take money from many people who dont even have money for insurance in the first place. There should be a class action lawsuit against both states who are actually fining people twice for the same crime. It is unconstitutional and unfair to do this and I will not buy insurance or pay this surcharge any longer. if you want to put me in jail and feed,cloth and house me,so be it. I was arrested for driving while license suspended and i had no idea it was suspended because the state Texas does not forward mail. One day i will have enough money to pay such things, yet, i will not pay because of PRINCIPAL.
I had one dwi in 2003, court cost 350, fine 2000, attorney fees 250. Inponds for the car 500 surcharges 3000 no insurence 1500 over three years. i kept up with the payment plain and I maid one late payment and had to pay our still have to pay 2,000. So its either pay bills our go to jail for a dwli. needless to say I got pulled over on my way to work I went to jail. I paid the 2,000 I paid 790 to get my car out of the inpuond. my case is still pending . Im going to lose my house because of the anount of money I had to pay. Along with other bills like my car light phone food and gas thank god im in good health. I served eight years in the Marine corps and I see how they treat the middle class and poor its a shame. I big cash cow is what we are to them we dont have faces names just numbers. this is why evey other country is burning our flag and say death to america. When our government has been doing it for years. Well I hope you dont see me on the side of the road holding a sign up for money.
I had one dwi in 2003, court cost 350, fine 2000, attorney fees 250. Inponds for the car 500 surcharges 3000 no insurence 1500 over three years. i kept up with the payment plain and I maid one late payment and had to pay our still have to pay 2,000. So its either pay bills our go to jail for a dwli. needless to say I got pulled over on my way to work I went to jail. I paid the 2,000 I paid 790 to get my car out of the inpuond. my case is still pending . Im going to lose my house because of the anount of money I had to pay. Along with other bills like my car light phone food and gas thank god im in good health. I served eight years in the Marine corps and I see how they treat the middle class and poor its a shame. I big cash cow is what we are to them we dont have faces names just numbers. this is why evey other country is burning our flag and say death to america. When our government has been doing it for years. Well I hope you dont see me on the side of the road holding a sign up for money.
I had one dwi in 2003, court cost 350, fine 2000, attorney fees 250. Inponds for the car 500 surcharges 3000 no insurence 1500 over three years. i kept up with the payment plain and I maid one late payment and had to pay our still have to pay 2,000. So its either pay bills our go to jail for a dwli. needless to say I got pulled over on my way to work I went to jail. I paid the 2,000 I paid 790 to get my car out of the inpuond. my case is still pending . Im going to lose my house because of the anount of money I had to pay. Along with other bills like my car light phone food and gas thank god im in good health. I served eight years in the Marine corps and I see how they treat the middle class and poor its a shame. I big cash cow is what we are to them we dont have faces names just numbers. this is why evey other country is burning our flag because of are policys and laws and say death to america. When our government has been doing it for years. Well I hope you dont see me on the side of the road holding a sign up for money and food. now I know how bums are made at least some of them
It brings tears to my eyes and my heart drops another inch,another burden put on the shoulders of low income people of tx.
omnibus (a private vendor)hired by tdps is gaining power as I write this,then they charge 30.00 $ admin.fee for each offence on F.T.A
or what I like to call it F.T.P. failure to pay.This vendor is really just a think tank on how to make money for the state no matter who they harm.I can see them sitting by there pool toasting each other with there pretty teeth shining as they smile
Does anyone know or has tried to sue the state for this unconstitional law? I think I'm just going to say FTG and walk or what ever. They say I'm a crimial for not getting my license renewed well sir I didn't have a job or car when my license expired and when I got the tiket iwas going to work so I could renew my license. I think just because I didn't renew my license doesn't mean I am not a safe driver. At any rate the texas deptment of responsibility just sounds facist in the firt place. FTG!
IN GREED WE TRUST
The crooked politicians running Texas have turned America's largest continental state into a giant vending machine churning up money to pour into even bigger schemes like Toll Ways that will rob the tax paying citizens and take away food from their tables and childrens' educations. All under the guise of "Law Enforcement" or "Protecting the Peace". Texas has become more and more crowded by not just illegal aliens looking for work from slave runners like Home Depot, Kroger and Walmart who are more than willing to pay these hard workers six pitiful dollars an hour while making millions off their hard labor, but also crowded by tax payers transferring from California and New York to work for the large Intel corporations that base in Texas due to low property tax and no income tax among other things that are quickly fading away and once made Texas look like a good place to go for these companies .
Politicians see dollar signs. Tax payers see crowded freeways, higher fines, tickets that come in the mail from hidden cameras on light poles and a bigger chance of jail time by some brain washed law enforcement representative who thinks he's making the world a better place by throwing a soccer mom in jail who couldn't afford her extortion fees to the hoods in Texas DPS.
Texas is not a favorable place to live. I was born and raised there but have recently moved out and will never go back.
Texas is well known on the outside as a place that loves to throw people in jail and enforce ridiculous fines and punishment on not just those who deserve it but tax payers too much like a third world communist nation. The judges and those in Austin make up new laws and higher fines everyday and then go home and eat a t-bone steak and fully loaded baked potatoes while some poor bastard is sitting in jail for not paying some outlandish fine for suspended license or outrageous insurance costs or simply not being able to afford to pay on time because God forbid... the man's children had to eat too just like the cop's and the judge's and the politician's children do.
Remember this, Texas judges, cops, and hot shot politicians, JAMES 4:12 "There is only one law giver and judge". And the big man said â€Å"Those who judge will be judged the most".
So all that stolen money can't bail you out of the jail they call hell.
I didnt know this many were effected by this law. well Im no different than yall mine total 6795 with dwi included but what i dont understand is that if i sold crack and got caught i'd only be on probation for two years with a 1600 dollar fine. I'm a 31 yrs college student who makes 9.50 an hour and couldn,t afford this I dont sell crack I just work.
is someone actually trying to get this law reversed some polititian doing anything about this unfair law.
I am a 28 year old student at Stephen F. Austin State University, just trying to educate myself and provide for my two beautiful children and my wonderful wife. I don't drink or do drugs, and I don't pary. I'm strictly a family man and a student.....Oh and I work at a call center for around $12,000 a year. Unfortunately I was not always so virtuous. Over four years ago I started down the wrong path and in a six month period I got two DWIs. I didn't fight it or try to get out of it, I just did my time and paid my fines. Now the State of Texas expects me to pay them almost TEN GRAND in "surcharge" fees!!! I've reformed myself and just want to earn my degree and contribute what I can to my community and the world in general. I barely pay my bills and feed my family. Does the State of Texas really expect me to pay them instead of providing for my family? I have had one DWLS already and I live my days in fear, because I have NO choice, but to drive myself to work ect. each day. I WILL receive my degree and I WILL make a sizeable income, and once I'm more than just a poor student in a small Texas college town; I WILL challenge this law until it is repealed!!!! I welcome any comments at sublime1_1979@yahoo.com perhaps we can organize.
From Ammendment VIII of The Constitution of the United States of America: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
I was not aware that Texas and NY were one of the only states charging this surcharge fee. Why is this being allowed? Why aren't attorney's and others fighting for the rights of the people? And why hasn't this gone to the Supreme Court of US? This seems to be unheard of. Another thing the whole "double jeopardy" about DWI's. First a person goes to ALR hearing where they(as we have been told) almost ALWAYS lose this hearing, unless the officer doesn't show up. The person is then "convicted" of DWI, by the DPS, just for failing to give breath test. There is actually no evidence of the DWI since there is NO breath test, yet the person is "convicted" by the DPS which does go on record permanently. First offenders get it just as harsh a second in many incidences for this. Then there is the actual criminal trial, in which case many people do prove they were inocent or there is not enough evidence to actually prove DWI. So then there is the whole attorney "plea bargaining" deal that goes on, or it can go to trial, of if you are so lucky as recent ex UT football player, who was charged of BWI in May of 2008 and then DWI in June of 2008 and both charges were dropped by the last week in Sept. Just because who he was and who is attorney is and who he knows and so on. At any rate the common person doesn't get these breaks. Still and all he too was IMO tried twice for the same charges and same arrest. DPS tried him/us/those unfortunate to get this. And then the county tiers the person again for same charge. It is actually mind boggling. I am disturbed and applaud.
Disgruntled and bewildered Texan
Driving while under the influence is a bad offense no doubt. You could have hurt or killed someone. But driving without insurance and getting pulled over on a spot check without breaking any laws should be a warning and/or lessor fees. They treat would be drunken killers the same as some poor guy just trying to provide for his family the best he can. The fact is that most people who do not have insurance drive even better than those who do have insurance. They dont want to be pulled over for any reason. They are a few champions to oppose this unfair and mostly unconsitutional set of fees. The only ones with the ability and know how and the funds to fight this either dont really care or the state holds their license over their heads. Remember the Alamo because we can't drive back to go see it again.
to Diana McManus -Are you serious? Your kid is out driving 1st with no insurance...so he hits my car and then what? You WANT ME TO PAY?? OH WAIT OH WAIT AND THEN he has the nerve to get behind the wheel intoxicated and drive on the same roads my children and I are on? Your son deserves to pay...so does everyone else who cant seem to keep insurance and drive while NOT UNDER THE INFLUENCE...quit whining and teach your kid how to be law abiding...Good grief!
1 Day back from Iraq a State Trooper pulls me over (I have yet to be told exactly why), I wasn't speeding,wasn't DWI (I don't drink),Anyways being the A-Typical jerk that most of them are (Mind you I do respect what they do but some of them do not need to be what they are) he writes me a Citation for no insurance.Well duh.Excuse me for being overseas for 3 years getting shot at for my country and not knowing that my insurance wasn't current (I have my now Ex to thank for that).I go to the courthouse the next day and pay my fine.Now 5 (yes I said 5) years later I am told my license is suspended? For a surcharge?WTF?..I get fired from my job (I was a public servant and didn't even know about this) Get divorced etc...Now here I am No Job, No License, Going to be homeless in about 3 weeks, and I have DPS to thank for all of it.Needless to say I am moving out of Texas.Your State sucks!!!