Surcharge Amnesty

[Raskal]

The program is due over 1.4 million dollars in surcharge debt that nobody is going to pay. What kills me is they want the people who are proactively working on the payments to keep making them.. why the fuck when i could get amnesty here in a few months. Hell the program lasted almost 7 years nobody with a law mindset decided to take a stand to it until now? There has to be a reason behind that... Otherwise you have the state shutting down a program that's not as profitable as it intended to be, under the ruse that some small time attorney is making them shake in their boots..

[jdgregory84]

The program is due over 1.4 million dollars in surcharge debt that nobody is going to pay. What kills me is they want the people who are proactively working on the payments to keep making them.. why the fuck when i could get amnesty here in a few months. Hell the program lasted almost 7 years nobody with a law mindset decided to take a stand to it until now? There has to be a reason behind that... Otherwise you have the state shutting down a program that's not as profitable as it intended to be, under the ruse that some small time attorney is making them shake in their boots..

She's not exactly a small time lawyer. She's THE most prominent DWI lawyer in North Texas, Texas being the state with the most DWI's. Why does TX enforce the DWI with such harsh punishment? They say it's because they're trying to save lives. Plea bargaining a DWI is so easy for lawyers that it makes it hard to believe that it's about the lives, and not about the money.

[KBScobravert]

I won't spend just yet the $2,000+ the State could give me back but it would be nice if they cut me a check when all this smoke clears. I will get in on any class action lawsuit that is for sure.

edit mine were not DUI/DWI or moving violations either

[motoman]

I will get in on any class action lawsuit that is for sure.

You and me both.

[Broncojohnny]

"Coffey said the program is also causing a logjam in the court system. Many defendants would rather take their chances at trial than accept plea agreements because of the high fees. Neither prosecutors nor judges have the authority to waive the surcharges."


This is my favorite part of the article. When ripping off the people with traffic fines and such, you have to make sure the penalties are just above the nuisance level, otherwise people will tell you to fuck off and take their chances with a trial or just not pay anything and take their chances.

[jdgregory84]

Thinking about it, I seriously doubt that anybody will see any money returned to them. I don't see the state paying $800 million or whatever they've taken in from these surcharges so far. I'm only $1,100 into my $3,000 surcharge right now, so it would be nice if they were done away with in the next couple of months. At that point, where do they stop though? If you're fined, can they make you have an interlock? Attend AA classes? MADD? Aren't those all seperate punishments for the same crime?

[idrivea4banger]

Thinking about it, I seriously doubt that anybody will see any money returned to them. I don't see the state paying $800 million or whatever they've taken in from these surcharges so far. I'm only $1,100 into my $3,000 surcharge right now, so it would be nice if they were done away with in the next couple of months. At that point, where do they stop though? If you're fined, can they make you have an interlock? Attend AA classes? MADD? Aren't those all seperate punishments for the same crime?

All those are required for a first time dwi offender. Only difference is now the surcharges won't be included which are separate from court fees and fines.

[redfiveohconv]

Thinking about it, I seriously doubt that anybody will see any money returned to them. I don't see the state paying $800 million or whatever they've taken in from these surcharges so far. I'm only $1,100 into my $3,000 surcharge right now, so it would be nice if they were done away with in the next couple of months. At that point, where do they stop though? If you're fined, can they make you have an interlock? Attend AA classes? MADD? Aren't those all seperate punishments for the same crime?

Holy fuck, how did you get surcharges that high?

[jdgregory84]

Holy fuck, how did you get surcharges that high?

It's $1,000 a year for 3 years. I just started paying my second year.

EDIT: I mean I'm hardcore and shit. Killed other people in jail and stuff. Yeah....

[jdgregory84]

All those are required for a first time dwi offender. Only difference is now the surcharges won't be included which are separate from court fees and fines.

No they're not. All I got was a fine. Then, of course these surcharges. If you blow over .16 I believe all of those are mandatory. Still though, they're seperate penalties. I can understand the interlock though on people that blow over double.

[matts5.0]

yeah those surcharges can suck it.. I had one I didnt know about from when i was 18 I got a no insurance ticket while on boot leave, paid the fine and thought I was in the clear till I was pulled over the other day.. that was almost 5 years ago, I had been driving around california with no knowledge of it at all.. fuck all this surcharge shit!

[idrivea4banger]

No they're not. All I got was a fine. Then, of course these surcharges. If you blow over .16 I believe all of those are mandatory. Still though, they're seperate penalties. I can understand the interlock though on people that blow over double.

Hmm, I could've sworn that 2009/2010 was when they made in mandatory for dwi's that had b.a.c. levels over the limit. Either way its pretty shitty.

[jdgregory84]

Hmm, I could've sworn that 2009/2010 was when they made in mandatory for dwi's that had b.a.c. levels over the limit. Either way its pretty shitty.

Must've been 2010 b/c I was convicted in November 2009. Not that it was cheap by any means. $2000 lawyer, $250 tow bill, $1500 bail (paid $350), $950 fine, $3,000 in surcharges.

While the end of surcharges sounds nice, there's also legislation that might be going through that will allow deferred adjudication for first time offenders. That's what I'm really interested in. It seems to have a ton of support, including MADD. and I believe the Texas Legislature meets really soon. I'm keeping my fingers crossed.

[idrivea4banger]

Must've been 2010 b/c I was convicted in November 2009. Not that it was cheap by any means. $2000 lawyer, $250 tow bill, $1500 bail (paid $350), $950 fine, $3,000 in surcharges.

While the end of surcharges sounds nice, there's also legislation that might be going through that will allow deferred adjudication for first time offenders. That's what I'm really interested in. It seems to have a ton of support, including MADD. and I believe the Texas Legislature meets really soon. I'm keeping my fingers crossed.

I read about that. But if you've already pleaded how would it help you out?? Would you be able to re-open the case if you were a 1st time offender?? I don't think it could be possible.

[jdgregory84]

I read about that. But if you've already pleaded how would it help you out?? Would you be able to re-open the case if you were a 1st time offender?? I don't think it could be possible.

From what I understand with the DWI deferred adjudication it's not like a normal deferred adjudication that if you don't commit a similar offense within a certain time span it doesn't go on your record at all. You plead guilty to the DWI but it won't go on your public background record, that way the law can still track it like they do now, but it won't show up on a background check and you can say that you don't have one on a job app. The point of this isn't supposed to be a "your first one is free," it's a "yeah, you fucked up, but you have this option so you won't be totally screwed, however if you fuck up again, the penalties will be worse." The second offense consequences will apparently increase.

If the bill passes, the first thing I'll do is find out who I need to contact about getting this done.

EDIT: On differed adjudication on speeding tickets at least, you do plead guilty. I've done it twice. Paid the fine, but didn't get another citation within the 90 day probational period so neither of my two 80 in a 60 tickets are on my record.