Surcharge Amnesty

[idrivea4banger]

From what I understand with the DWI deferred adjudication it's not like a normal deferred adjudication thato 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.

So if that's the case then the courts will get backlogged like a bitch with first time offenders trying to appeal their cases. But if its possible I'm all for it.

[jdgregory84]

So if that's the case then the courts will get backlogged like a bitch with first time offenders trying to appeal their cases. But if its possible I'm all for it.

That's the thing, there's no appeal process needed unless you want to fight it so that it's not on your private record either. If the bill is passed, basicaly the persons lawyer will say "Hey, if you plead guilty, it won't show up on your record unless you do it again." Now, the appeals are all because people don't want it going on their record, and a lot of times you can win, at least get it dropped to wreckless driving. That's what's holding up the court system.

Another way you can avoid it is to not blow or give a blood test. As long as you don't look like a total idiot on film, you can usually get it dropped.

[idrivea4banger]

That's the thing, there's no appeal process needed unless you want to fight it so that it's not on your private record either. If the bill is passed, basicaly the persons lawyer will say "Hey, if you plead guilty, it won't show up on your record unless you do it again." Now, the appeals are all because people don't want it going on their record, and a lot of times you can win, at least get it dropped to wreckless driving. That's what's holding up the court system.

Another way you can avoid it is to not blow or give a blood test. As long as you don't look like a total idiot on film, you can usually get it dropped.

Ok I get that but you said you're looking into it even after you've already had your case. For those people basically there's nothing you can do because you've already been tried. You made it sound like if you've been tried then you have a chance to go back and reopen the case.

[jdgregory84]

Ok I get that but you said you're looking into it even after you've already had your case. For those people basically there's nothing you can do because you've already been tried. You made it sound like if you've been tried then you have a chance to go back and reopen the case.

That's why I said if the bill passes, I'm gonna try and find somebody to see if there's anything I can do about it. I'm basically keeping my fingers crossed. I plead guilty. It's not like I tried to fight it and was found guilty by a jury. I don't know if there's anything that I can do about it, but I'll try my ass off because finding a decent job is a huge bitch right now.

[idrivea4banger]

That's why I said if the bill passes, I'm gonna try and find somebody to see if there's anything I can do about it. I'm basically keeping my fingers crossed. I plead guilty. It's not like I tried to fight it and was found guilty by a jury. I don't know if there's anything that I can do about it, but I'll try my ass off because finding a decent job is a huge bitch right now.

Damn man, that sucks. Good luck on it. Keep us updated. Id like to know as well.

[94StangFiveO]

I had $3k in unpaid charges get reduced to ZERO. Been suspended for five years because of that bullshit but I didn't get caught and those asshole didn't get their money.

[bcoop]

Some of the 1.2 million Texas drivers whose licenses have been suspended because they failed to pay expensive traffic ticket surcharges can catch a big break right now from the Department of Public Safety. From Jan. 17 until April 17, DPS is offering amnesty to drivers who are in default under the Driver Responsibility Program.

The program, which charges drivers with certain traffic violations large annual state surcharges in addition to the fines and court costs initially assessed for the ticket, has come under fire from lawmakers in recent years because it failed to collect about 60 percent of the fees that were billed. And thousands of Texans lost their licenses because they couldn't, or wouldn't, pay the surcharges. Lawmakers ordered DPS to implement programs that would help people get right with the law and get back their licenses.

"The goal of the amnesty period is to bring drivers into compliance with the surcharge law, and allow them to become licensed and insured drivers," DPS said in a press release today outlining the details of the amnesty plan.

You're eligible for amnesty if you had a surcharge assessed between Sept. 30, 2004, and Dec. 31, 2008, and were delinquent on payments. Those who qualify will pay 10 percent of the original amount owed for all surcharges combined — a maximum of $250. You'll still have to pay service fees. And any payments that you already made will be applied to the reduced amount. If you've already payed more than the reduced amount due, you'll be off the hook.




So nobody gets any money back. Poopnut - Sounds like you're SOL as well, since your conviction didn't fall in their timeline.

[jdgregory84]

Some of the 1.2 million Texas drivers whose licenses have been suspended because they failed to pay expensive traffic ticket surcharges can catch a big break right now from the Department of Public Safety. From Jan. 17 until April 17, DPS is offering amnesty to drivers who are in default under the Driver Responsibility Program.

The program, which charges drivers with certain traffic violations large annual state surcharges in addition to the fines and court costs initially assessed for the ticket, has come under fire from lawmakers in recent years because it failed to collect about 60 percent of the fees that were billed. And thousands of Texans lost their licenses because they couldn't, or wouldn't, pay the surcharges. Lawmakers ordered DPS to implement programs that would help people get right with the law and get back their licenses.

"The goal of the amnesty period is to bring drivers into compliance with the surcharge law, and allow them to become licensed and insured drivers," DPS said in a press release today outlining the details of the amnesty plan.

You're eligible for amnesty if you had a surcharge assessed between Sept. 30, 2004, and Dec. 31, 2008, and were delinquent on payments. Those who qualify will pay 10 percent of the original amount owed for all surcharges combined — a maximum of $250. You'll still have to pay service fees. And any payments that you already made will be applied to the reduced amount. If you've already payed more than the reduced amount due, you'll be off the hook.




So nobody gets any money back. Poopnut - Sounds like you're SOL as well, since your conviction didn't fall in their timeline.

Apparently you're not really reading the details of the thread. I'm not interested in this 10% amnesty bullshit. Like I said in the second post, this is just a way to try and get whatever money they can before the surcharges are ruled unconstitutional. If they're ruled unconstitutional, there will be NO surcharges. I'm still paying mine until the ruling goes through the federal courts. Plus, like it says, it's for those who have max surcharges up to $250. No DWI surcharge would be applicable to that.

[bcoop]

Apparently you're not really reading the details of the thread.

Yes, I am. I skipped over the pipe dream of getting your conviction overturned, that really didn't pertain to the thread. Silly me, going by the title of this thread, the thread is about surcharges, not overturning convictions.

Plus, like it says, it's for those who have max surcharges up to $250. No DWI surcharge would be applicable to that.

One of us is not comprehending what the article says then. I took that to mean, you pay 10% of the surcharge, up to a maximum amount of $250. If there is a surcharge amount BELOW $250, I'm not aware of it. The two I had, were both $260/yr for the next 3 years, and they were for insurance and speeding.

[bcoop]

. If they're ruled unconstitutional, there will be NO surcharges.

That doesn't necessarily mean you are getting your money back, either.

[jdgregory84]

That doesn't necessarily mean you are getting your money back, either.

I never said I would. I said "I wonder...". Then later, I said, I'm more worried about the deferred adjudication for first time offenders more than the surcharges. I'll gladly pay my surcharges in full to have this thing dropped off my public background profile.

[bcoop]

I never said I would. I said "I wonder...". Then later, I said, I'm more worried about the deferred adjudication for first time offenders more than the surcharges. I'll gladly pay my surcharges in full to have this thing dropped off my public background profile.

Probably not going to happen, once you get a conviction, it's a conviction. I would assume, since you've already plead guilty, it's done. Did your lawyer not present deferred options to you before you made your plea?

[jdgregory84]

Probably not going to happen, once you get a conviction, it's a conviction. I would assume, since you've already plead guilty, it's done. Did your lawyer not present deferred options to you before you made your plea?

Cliffnotes of thread. Since the mid 80's there have been no deferred adjudication options for DWI's or DUI's. None at all. Recently though, a bill is being written up in congress with a lot of support that would give first time offenders an option of deferred adjudication so that while they will have plead guilty to the first charge, it would not show up on their background. However, legal entities will be able to keep track of it, so if you're convicted again, it will go down as your second offense, not your first. It's not a free pass, it's a way to keep the courts from getting MORE backed up. I don't know if it will matter to people that are already convicted, but I plan on doing everything I can to find out IF the bill is passed.

[clevelandkid]

I had $3k in unpaid charges get reduced to ZERO. Been suspended for five years because of that bullshit but I didn't get caught and those asshole didn't get their money.

Congratulations, bottom-feeder.

[bcoop]

Cliffnotes of thread. Since the mid 80's there have been no deferred adjudication options for DWI's or DUI's. None at all. Recently though, a bill is being written up in congress with a lot of support that would give first time offenders an option of deferred adjudication so that while they will have plead guilty to the first charge, it would not show up on their background. However, legal entities will be able to keep track of it, so if you're convicted again, it will go down as your second offense, not your first. It's not a free pass, it's a way to keep the courts from getting MORE backed up. I don't know if it will matter to people that are already convicted, but I plan on doing everything I can to find out IF the bill is passed.

I don't blame you for trying, but surely you realize the purpose of the bill is to keep the courts from being backed up, so they almost assuredly will NOT reopen old cases to meet the new bill if it's passed, right? It would defeat the purpose.


You should have taken a plea deal, and had the charge reduced to begin with, rather than plead guilty. The folks I do know that have been arrested for DWI, were able to plea it down to "obstruction of a roadway". Granted, every case is different. Just trying to keep you from getting your hopes up, because reopening old cases defeats the very purpose of the bill. Hence why I said once you're convicted, it's done and overwith. I'd assume double jeopardy works both ways in this somehow, as well.