Texas drivers navigate a complex web of traffic laws, with violations ranging from minor infractions to serious offenses. Understanding these rules is crucial for maintaining safe roads and avoiding costly penalties.
In Texas, several government bodies collaborate to enforce and regulate traffic laws. The Texas Department of Public Safety (DPS) oversees statewide traffic law enforcement, issues driver's licenses, and maintains driving records.
Meanwhile, the Texas Department of Motor Vehicles (DMV), under the Department of Transportation (DOT), manages vehicle registration, titling, and inspections. It also works closely with the DPS to maintain road safety and vehicle standards.
The Texas Judicial Branch and municipal courts adjudicate traffic violations. They handle fines, court appearances, and defensive driving course requirements within cities. Justice of the Peace Courts manage similar tasks in areas not covered by municipal courts.
With the help of these government bodies, drivers can make it easier to comply with Texas traffic laws. Otherwise, these drivers may face various penalties and put themselves and others in danger.
What Are the Major Traffic Violations in Texas?
In Texas, traffic violations are categorized into moving or non-moving and minor or major violations, which include specific offenses with distinct penalties and implications for drivers. The Texas Transportation Code (TTC) Section 522.003 (25) overlays the major and minor traffic violations.
A minor traffic violation is one that the law does not consider severe or substantial. Typically, such a violation results in a traffic ticket that may be resolved by paying a minor fine. Examples of minor traffic violations are:
- Tailgating
- Parking violations
- Speeding
- Failing to surrender the right of way
- Spilling cargo on the roadway
In contrast, a major traffic infraction in Texas carries severe consequences, including the possibility of incarceration. These infractions also result in increased automobile insurance premiums. Major traffic infractions in Texas include:
- Failing to appear in court
- Driving while drunk
- Assault with a motor vehicle
- Driving without a license
- Reckless driving
In addition, when a traffic violation is moving or non-moving, the vehicle's motion is considered. A moving traffic infraction usually includes vehicle movement, whereas a non-moving offense is related to malfunctioning vehicle equipment or inappropriate parking, standing, or halting.
Motorists can still be penalized for non-moving infractions while their car is moving. Examples include:
- Safety belt breaches
- Texting while driving
- Speeding at less than 10% of the posted limit
Texas Felony Traffic Violations
Texas felony traffic violations are penalized under the state's Penal Code and are regarded as highly serious. A conviction for a traffic offense might result in losing more than just freedom for an extended time. The individual may also lose essential rights and privileges, such as owning guns, voting, or holding public office. Furthermore, convictions can result in:
- Significant penalties
- Job or promotion losses
- Rejection of professional licenses or permits
- Limited educational prospects
- Loss of some public benefits.
A traffic offense is typically elevated to a felony when it results in death, major physical harm or disfigurement, significant property damage, or the person is a repeat offender. Examples of felony traffic violations in Texas are:
- Aggravated assault with a vehicle
- Operating an amusement ride while drunk (third or subsequent offense)
- Driving while intoxicated with a child under 15
- Driving while drunk (third or subsequent offense)
- Failure to appear (for criminal offenses)
- Criminally negligent homicide
- Assault due to intoxication
- Manslaughter due to intoxication
- Vehicular manslaughter
- Avoiding arrest or detention with a car
Texas Traffic Misdemeanors
Traffic offenses in Texas are classed as Class A, B, or C misdemeanors. It covers a range of violations that can lead to fines, points on a driver's license, and potential imprisonment.
Class C misdemeanors are the least severe and typically result in fines but no jail time. Examples include speeding, running a red light, and failing to yield the right of way.
Meanwhile, Class B misdemeanors are more severe and can result in fines and jail time of up to 180 days. Common examples include driving with an invalid license and participating in racing on a highway. The penalties for these offenses often include fines, community service, and mandatory attendance at a driving safety course.
Lastly, Class A misdemeanors are the most severe and can lead to up to one year in jail and significant fines. Repeated offenses or more severe misdemeanors can lead to harsher penalties. This includes:
- Fleeing or trying to evade an officer
- Keeping an open container
- Leaving the site of an accident
- Reckless driving
- Driving while intoxicated (first or second offense)
- Carrying an alcoholic beverage in a car
- Speeding
- Operating an amusement ride while intoxicated (first or second offense)
- Driving on a suspended license
Texas law requires drivers to pay fines and may also mandate attendance at a defensive driving course for certain violations. Completing a driving safety course can lead to the dismissal of certain misdemeanor charges, as regulated by TTC Section 543.111.
Texas Traffic Infractions
In Texas, minor violations, often known as traffic infractions, typically result in penalties rather than jail time. According to TTC Section 682.002, municipalities can treat certain traffic violations as civil charges. Paying the fee automatically indicates a guilty plea. These violations can also be disputed.
If the individual cannot afford the fine, they should show the judge proof of financial hardship. The court may lessen the fine, allow monthly payments, or offer community service as an alternative.
As the Texas Department of Criminal Justice indicates, examples of traffic infractions include:
- Driving without insurance
- Failure to present a driver's license
- Speeding
- Followed too closely with improper usage of the horn
- Making an incorrect turn
- Parking violations
Suspended License Violations
Driving with a suspended license is a severe offense called Driving While License Invalid (DWLI). According to TTC Section 521.457, a person commits an offense if they operate a motor vehicle on a highway while their driver's license or privilege is suspended or revoked.
A mandatory DWLI suspension is recorded when an individual is cited and convicted for driving while their license is invalid. In contrast, a departmental DWLI suspension occurs if an individual is involved in an accident or convicted of any other offense while their license is suspended, revoked, denied, or canceled. This departmental suspension typically lasts 90 days.
To reinstate a suspended license, individuals must complete several steps: serving the required suspension period, obtaining a Financial Responsibility Insurance Certificate (SR-22), and paying a reinstatement fee of $100. The DPS License Eligibility System tool can check driver eligibility and submit compliance documents.
Driving with a suspended license can lead to additional suspensions, fines, and the requirement to maintain an SR-22 insurance certificate for two years.
Speeding Violations
Speeding violations are governed by the TTC Section 545.352, which sets general speed limits and provides the framework for enforcing speed regulations. For instance, driving at a speed beyond the prescribed limits is considered a violation.
Specific speed limits include 30 mph in urban districts unless otherwise posted and 70 mph on highways numbered by the state or federal government outside an urban district. Exceeding these limits can result in fines and points on the driver's record.
The speed limit is typically 20 mph during school hours in school zones. Violating these limits can lead to severe penalties. Accumulating four or more moving traffic violations within 12 months or seven within 24 months can result in a driver's license suspension.
Drivers can check their eligibility for reinstatement or their license status via the DPS License Eligibility System tool. Speeding violations carry financial penalties and impact a driver's record and insurance rates.
DUI Texas Laws
Driving under the influence (DUI) is governed by the Texas Penal Code, specifically Chapter 49. According to Section 49.04 of this code, a person commits an offense if they are intoxicated while operating a motor vehicle in a public place. The legal blood alcohol concentration (BAC) limit is 0.08%.
First-time offenders may face a Class B misdemeanor, which includes a minimum term of 72 hours of confinement. The minimum term increases to six days if an open container is present. Repeated offenses and circumstances involving serious injury or death can lead to more severe penalties, such as felony charges.
Texas law mandates the suspension of a driver's license for DUI offenses. For instance, a first-time offense may result in a license suspension of up to one year. To reinstate the license, offenders must complete a Drug and Alcohol Education Program and obtain a Financial Responsibility Insurance Certificate (SR-22).
Subsequent offenses may lead to longer suspensions and mandatory alcohol-awareness classes. The legal drinking age in Texas is 21, and any detectable amount of alcohol in a minor's system while driving is an offense.
Implied Consent Law
Texas requires that drivers automatically consent to chemical testing (such as blood or breath tests) if a police officer lawfully arrests them on suspicion of DUI. This law is based on the idea that by obtaining a driver's license and driving on Texas roads, drivers have implicitly agreed to submit to these tests.
Refusal to take the test will result in an automatic suspension of the driver's license. For a first refusal, the suspension period is typically 180 days. For subsequent refusals, the suspension can be longer, up to two years. The refusal to take a test can also be used as evidence against the driver in court. Prosecutors may argue that the refusal indicates consciousness of guilt.
How Does Texas's DMV Point System Work?
The Texas DPS employs a point system to monitor and penalize driving infractions. Demerit points are added to a driver's record for various traffic violations, and accumulating these points can lead to significant penalties, including surcharges and license suspension.
Usually, two points are added to the driver's record for most moving violations, such as speeding and running a stop sign. If the violation results in an accident, three points are assigned. Certain serious offenses, such as DUI, don't accumulate points but incur automatic surcharges.
Retaining and Accumulating Demerit Points
Demerit points remain on the driver's record for three years from the date of conviction.
Drivers who accumulate six or more points within three years are subject to annual surcharges. The surcharge is $100 for the first six points and $25 for each additional point. Certain severe offenses, such as DUI or driving without insurance, carry automatic surcharges ranging from $250 to $2,000 annually, depending on the specific offense and number of convictions.
Accumulating too many points in a short period can lead to license suspension. Specifically, four moving violations within 12 months or seven within 24 months will result in a suspension. The DPS reviews driving records annually to assess and apply any necessary surcharges or suspensions based on the points and convictions recorded.
What Is the Process for Handling Traffic Tickets in Texas?
Texas motorists facing traffic citations have several options. The simplest is to accept the ticket by paying the fine, which acts as a guilty or no-contest plea and adds points to their driving record.
Paying the Fine
Many Texas courts offer online payment through their websites. For instance, Colorado City uses a Criminal Search portal, while El Paso has its own citation payment system.
In-person payments can be made at locations like the Texas Highway Patrol or local courts. Some jurisdictions also accept payments by mail, although this practice varies. For instance, Colorado City accepts mailed payments for traffic citations. To pay by mail, drivers should send the green copy of their citation along with the payment to:
Colorado City Municipal Court
P.O. Box 912
Colorado City, TX 79512
Drivers should note that additional fees may apply depending on the payment method. Late payments can lead to further penalties, including arrest warrants or license suspension.
Contesting the Citation
Drivers have the right to plead not guilty to a traffic violation. According to the Texas Code of Criminal Procedure Chapter 45, individuals must appear in court on or before the appearance date specified on the citation. This appearance can be in person or through a written plea.
Individuals must notify the court by mail or in person when pleading not guilty. Some courts, such as those in Collin County, allow defendants to request a trial by judge or jury. Defendants should prepare and bring the following documents to the prosecution:
- Original citation or ticket
- Driver's license
- Vehicle registration
- Proof of insurance
- Any relevant photos, videos, or physical evidence
- Witness statements or contact information for witnesses
Possible outcomes include:
- Dismissal of charges
- Reduced charges with lower fines or fewer points
- Guilty verdict requiring full payment of fines and court costs
Each option has different implications for the driver's record and finances, so it's important to consider each carefully before deciding.
Hearing Requests for Suspension or Revocation Pleas
When the DPS initiates suspension or revocation action against a driver's license due to traffic citations, the driver is notified by mail at the address on record for their license. This notification provides the reason for the withdrawal and, if available, an option for a hearing.
The driver may request a hearing up to 20 days after the date of the notice of suspension or revocation. The hearing can be scheduled in up to 120 days, and the driver will be notified by mail of the date, time, and location.
If a driver's request is made outside the allowable 20 days, it will be denied, and they will be notified by mail. If a driver has already been through the administrative hearing process and the decision resulted in the suspension of their driver's license, they may be eligible to appeal that decision.
How Are Accident Reports Handled in Texas?
The DOT manages accident reports in Texas. Law enforcement officers must submit a written crash report within ten days of an accident if it results in injury, death, or property damage of $1,000 or more.
Accident reports are stored in the Crash Records Information System (CRIS). TxDOT provides a web-based application called CRASH for electronically submitting crash reports. This system allows for quick and accurate completion of the Texas Peace Officer's Crash Report (CR-3), essential for maintaining comprehensive crash data.
Filing Accident Reports
Reporting an accident is mandatory if it results in injury, death, or property damage of $1,000 or more. The operator must immediately notify the local police department, sheriff's office, or the nearest office of the Texas DPS.
If the accident occurs within a municipality, report it to the local police. For accidents just outside municipal limits but within 100 feet, either the local police or the sheriff's office should be notified.
Law enforcement officers investigating the crash must file a written report (CR-3) with TxDOT within ten days. This report is essential for insurance claims and legal processes.
Obtaining Copies of Accident Reports
Individuals involved can obtain copies of accident or crash reports through the Crash Report Online Purchase System. In this system, both certified and uncertified copies are available for a nominal fee.
Reports can also be obtained from local police departments for those preferring in-person requests. For example, reports are available in Arlington at the Arlington Police Records Unit, located at the Ott Cribbs Public Safety Building.
To obtain a copy of the report, specific information, such as the date of the accident, location, and the parties' names, must be ready.
What Should Drivers Know about Traffic-Related Arrests in Texas?
Traffic-related arrests in Texas can stem from various infractions, including reckless driving and operating a vehicle with a suspended license. These arrests often occur during routine traffic stops.
Officers are empowered to conduct field sobriety tests, request breathalyzer samples, and gather evidence such as witness accounts or video footage to establish grounds for arrest. Motorists should be cognizant of their rights when detained, including the right to remain silent, seek legal representation, and be informed of the charges against them.
The aftermath of a traffic-related arrest can include legal penalties like fines, license suspension, and criminal charges. Beyond legal consequences, these incidents may lead to emotional strain, relationship difficulties, and reputational harm.
Given the potential ramifications, drivers facing traffic-related arrests benefit from the expertise of criminal defense attorneys. These legal professionals can offer guidance, safeguard rights, and work towards favorable case outcomes.