Little Understood Fact—Traffic Tickets are Criminal Cases
The United States is truly a nation that loves to drive, and Houston and the surrounding areas are certainly no exception. In fact, by most estimations as many as 89 percent of the adults in America own a car, using it to commute to work, run errands, go on vacation and taxi their children from place to place. Unfortunately, with all this driving comes the inevitable traffic ticket. If you misplace that ticket or simply forget to pay it on time you could find yourself hit with a Harris County arrest warrant wondering what on earth to do next. In determining whether you should post a bond in Houston or not, it is probably wise to consult an experienced attorney at this point.
Traffic Tickets a Billion Dollar Industry
Let’s face it—anybody with a driver’s license has made the occasional driving mistake resulting in literally millions of traffic tickets being issued each year in the United States. Many people commit traffic violations without even realizing it—unfortunately the law does not accept ignorance of a traffic law as a valid excuse. Traffic tickets are intended to be a deterrent to driver mistakes due to the cost-if you’ve received a traffic ticket lately you were likely stunned by the amount owed since traffic tickets have evolved into a billion dollar industry.
Infractions vs. Violations
Whether you inadvertently or willfully committed the traffic violation remember that traffic tickets are considered criminal cases although there are varying levels of seriousness. Non-moving violations or moving violations which are considered non-dangerous fall in the category of infraction meaning the person committing such a violation cannot be jailed, receive an unreasonably large fine, have a jury trial or be entitled to a court-appointed attorney. Speeding tickets can garner a relatively large fine, depending on how many miles per hour beyond the posted speed limit you were driving.
In some cases speeding can be considered a form of reckless driving meaning it turns into a more serious moving violation. Other serious moving violations include running a stop light or stop sign which could potentially result in the injury of another person. Misdemeanor and felony traffic violations also include DUI, reckless driving, driving without insurance and failing to stop at an accident scene. If you’ve been charged with a more serious traffic infraction, you are entitled to all the normal rights afforded to criminal defendants.
Harris County Bond or Bail Bond
For the more serious violations, the driver can be taken into custody and required to post a bond in Houston, just as they would for other criminal, non-traffic crimes. If you have been required to post a Harris County Bail bond, then neglect to show up for your court date, an arrest warrant may be issued and you will pay an additional fine for failing to appear.
Although most traffic offenses in the State of Texas are considered Class C misdemeanors, punishable only by a fine, the implications of failing to pay the ticket or appear in court are much more serious and far-reaching. Should a warrant of arrest be issued because you failed to appear for your court date, a bond will be set by the court. This bond is an amount of money intended to guarantee your next court appearance.
What if I’m Not Guilty?
Even if you believe you are not guilty of the traffic offense you’ve been charged with, it is never wise to ignore a ticket. It’s a much better idea to consult an experienced traffic attorney who may be able to significantly maximize your chances of a successful appeal, therefore avoiding unnecessary points, fines and punishment. Remember, however, that there are always specific time limits regarding traffic violations therefore if you do not want to find yourself in the position of having to deal with a City of Houston arrest warrant, take decisive action now.
Posting a Bond in Order to Lift an Outstanding Warrant
Law enforcement and judicial officials issue daily warrants all across the nation for those who have failed to appear as required, and the city of Houston issues these warrants as well. The vast majority of Houston arrest warrants stem from failure to appear on a ticket issued for a traffic offense or possibly another minor Class C misdemeanors as many people believe these types of tickets to be relatively non-serious, putting them away and forgetting to pay the fine. Bear in mind that a Failure to Appear criminal charge is not the same as a Houston arrest warrant. A warrant is a mandate for your arrest—no matter where the police find you— while receiving a Failure to Appear adds an additional criminal charge to your problems.
A Solution to an Arrest Warrant
If you have been hit with a Harris County arrest warrant, don’t panic. Our legal system provides a method of avoiding an arrest without paying the fines and dealing with the hidden penalties not to mention the potential embarrassment of being arrested at your home or at work. This remedy is known as a bond; by posting a Houston traffic bond the warrant for your arrest is effectively suspended. This allows you to receive a new court date and the opportunity to fight your old traffic tickets.
Consequences of Simply Paying an Outstanding Houston Traffic Ticket
Remember that any time you write a check for a ticket you are effectively pleading guilty to the offense and are then considered convicted. Posting a bond in Houston allows you time to consult a knowledgeable attorney to discuss your options as well as the consequences you may suffer should you simply pay the ticket. By paying your ticket you become subject to a litany of repercussions including skyrocketing insurance rates and a strike on your driving record. In other words when you pay your moving violation ticket you for each moving violation you pay you will accept two points on your driving record; paying your accident violation ticket will add three points.
During any three year period should you be unlucky enough to have garnered six points on your driving record you could end up having to pay a surcharge each year which starts at $100. Additionally, accruing points on your driving record may put your present or future employment in jeopardy. As you can see, posting a Houston County bond makes much more sense than simply paying the outstanding tickets out of fear.
After Posting Your City of Houston Bond
If you are under a Harris County arrest warrant, it’s important to get solid legal advice before you pay the ticket. Remember that a traffic ticket is not a debt, per se, rather it is simply alleging a criminal violation that you may or may not be guilty of. Because we live in America you are considered to be not guilty until you are convicted. Once you post a bond in Houston your attorney can advise you of your options—including a Defensive Driving course or deferred adjudication—which can protect your driver’s license and record as well as your insurance rates. Posting a bond is a relatively simple way to avoid your Houston arrest warrant while still preserving your rights and protecting your future.
The True Cost of Failing to Appear
If you believe that failing to appear on a traffic ticket may be a relatively harmless matter, you could be very unpleasantly surprised to find yourself under the cloud of a Houston arrest warrant. Of course it is much better for you if you actually know about the arrest warrant than if you are totally unaware of it. Although Houston police officers generally have much more serious issues to contend with than tracking down those who have neglected to pay a traffic ticket, they do have the option to find you wherever you may be (home, school, work) and arrest you immediately. Further, during Houston’s annual warrant roundup the police are actively looking for those who have neglected to pay their fines or show up in court as promised. To have police officers come into a person’s place of work and take them away in handcuffs would be a devastating experience for most all people.
When You’ve Been Charged with Failure to Appear
Suppose you received a ticket for a minor traffic infraction, put it into a drawer intending to pay the ticket or appear in court and contest it, then simply forgot about it. In our ever-increasingly busy lives, this is actually a fairly common scenario. Next thing you know there has been a Failure to Appear charge levied against you and a City of Houston arrest warrant issued. Although it is certainly reasonable that you would panic at this point and send in the money immediately, living in fear until the check cleared, you should be aware of the consequences of doing so. Remember that a Failure to Appear charge is a totally separate and new charge against you in addition to the original traffic charges.
Should you send in your money for the past due ticket, you must be aware that you have effectively pled “guilty” to the offense, and now have a conviction on your record—even though traffic issues seem minor, they are generally considered criminal cases. That conviction adds points to your driving record, increases your insurance rates, and can even be responsible for jeopardizing your current job or preventing you from obtaining a future job. Should you receive too many points on your driving record you could even face having your driver’s license suspended—a serious occurrence for most Americans.
Alternatives to Paying Your Traffic Tickets
Should you be under threat of a City of Houston arrest warrant, you do have options. It is in your best interests to contact a local Houston traffic attorney who can offer you options such as posting as Houston traffic bond. Such a bond can be posted in person, or alternatively through your attorney or even a bondsman. Retaining an experienced attorney may give you the option of having the warrant quashed, or even possibly having the charges dismissed. Once your Harris County traffic bond has been posted, you are no longer under threat of arrest, and can discuss what direction you should take with your attorney. You may feel that the original traffic citations were unjust, in which case you can explore the possibility of having your attorney fight those charges. In short, you should never take a Failure to Appear charge or a Houston arrest warrant lightly. Take action immediately and get reputable legal help.
What it Really Costs to Miss a Court Date
So, you received a traffic ticket, possibly for exceeding the speed limit or not stopping completely at a stop sign. It seems a relatively minor issue, so you stick the ticket in a drawer or your purse intending to take care of it as soon as you get a moment. Your court date comes and goes, and soon you have entirely forgotten about the traffic violation. What you are probably unaware of is you have now committed a separate criminal offense in Texas known as Failure to Appear which resulted in a warrant for your arrest.
Because the original incident did not seem all that serious, you are shocked and scared to find yourself being arrested on a Houston arrest warrant. Most people are unaware that a simple traffic ticket can lead to an arrest, possibly in front of their family or even worse, at work in front of their boss and co-workers. The first cost of missing your court date has just been realized and it is an emotional one. You are likely embarrassed and humiliated that others saw you arrested, and you are anxious, not knowing what you must do to get extract yourself from your present situation in the best manner possible.
Posting a Harris County Traffic Bond
Once you have been arrested, you are now liable for the original fines for your traffic offense as well as the fines for your Failure to Appear charge which can go as high as $500 plus any associated court costs. Should you be lucky enough to have escaped arrest at this point but are aware there is a Harris County arrest warrant out for you, it is imperative to retain an attorney immediately in order to avoid being arrested and having further charges levied against you. In either case, you will be required to post a Houston traffic bond which you can do yourself, or you could choose to go through a local bonding company or your attorney. At this point you are probably well aware that the fees and fines are stacking up at an alarming rate. Once you’ve posted your City of Houston bond you will be required to go before a judge at which time a new court date will be set. It would be extremely unwise to miss this court date as that would add trouble upon trouble.
Discussing Your Options with Your Attorney
After you have extracted yourself from the possibility of sitting in a jail cell by posting a Harris County, Jersey Village or Sugarland bond it is time to discuss your future with your attorney. It is possible he or she may be able to negotiate deferred adjudication on your behalf or possibly work out a combination of fines and a defensive driving course to avoid having this show up on your driving record. You will still be subject to any fines associated with the original traffic ticket as well as the Failure to Appear charge, however you will escape further, more serious repercussions. As you can see, the costs of missing a court date for a traffic ticket are serious and costly and not a mistake you will likely ever repeat.
What to Do When Your Bond Has Been Revoked
Suppose you neglected to either mail in the fine or appear in court after receiving a traffic citation. Soon you’ve forgotten about the entire thing as your busy life takes over only to find yourself rudely jolted back to earth when you learn there is a Houston County arrest warrant issued for you. At this point you can decide to head down to the Courthouse, hoping you get a kind judge who will believe your story as to why you missed your court date. If you are very lucky, the judge will simply re-set your court date. Notice I said if you are very lucky, so please do not assume this is the norm. More likely the judge will require you to post a bond to ensure you show up for your next court date. A Harris County traffic bond is also applicable if you did not realize there was an arrest warrant and were actually arrested or if you knew about the warrant and had either a bail bondsman or your attorney post a bond on your behalf.
When Your Bond is Revoked
Posting a Harris County traffic bond allows you to continue with your normal life, work and family until it is time for your next court appearance. The bond is presumed to be incentive for you to remember to show up for court since you lose your bond money if you don’t appear. Should you miss that second court date, not only will you likely be in serious legal trouble, you may also have your Harris County traffic bond revoked. If you didn’t hire an attorney the first time you missed your court date, it is absolutely time to do so now. The judge in your case is not going to take a second skipped court date lightly, and handling the situation on your own is not advisable.
If you choose not to seek legal help then in addition to bearing the cost of having your bond revoked, yet another Houston County arrest warrant will be issued, and this time the police may actively seek you out in order to execute the warrant. Bear in mind that the police officers who are sent out to find you and arrest you could care less where that arrest takes place. You could be arrested while out with your family, while at work, while taking your children to school or even at a school function. The officers will arrest you where they can find you regardless of the embarrassment it may cause you. In the end you could be facing your original traffic charges, two Failure to Appear charges and a revoked bond meaning you will be stuck in jail.
Seeking Legal Help
There is little you can do for yourself at this point without the services of an experienced Houston attorney. The judge will not likely be receptive to setting another bond unless you have an exceptionally good reason for missing two court dates. If another bond is allowed, it will probably be significantly higher than the first. As you can probably see, ignoring a minor traffic infraction can lead to serious legal issues with long-term consequences so seek the services of a qualified attorney at the first sign of trouble.
Why You Shouldn’t Pay Old Tickets Simply to Avoid a Warrant—and What You Should Do Instead
If you’ve neglected to pay one or more Houston traffic citations, you may find yourself in the position of having a Harris county arrest warrant in your name. Whether you simply forgot about the ticket or deliberately neglected to take care of it because you didn’t feel you deserved the citation, the reality is that old tickets don’t simply go away because you forget about them. Eventually you will get caught, whether it is through a routine traffic stop, or during Houston’s annual warrant roundup.
While your first instinct may be to pay the tickets immediately to avoid the possibility of being arrested in your home or at work—or anywhere for that matter—there may be a better way to handle the situation. If you are aware that a Houston arrest warrant has been issued for you, the smart thing to do is get it fixed while you still have at least a bit of leverage as well as more than one option to make the problem go away.
Options Other Than Paying Your Old Tickets
No matter which direction you choose to go regarding your past due traffic tickets and warrant for failure to appear, it is highly advised that you consult an experienced attorney in the area before you make your final decision. There may be many factors you are unaware of or had not considered that your attorney will be cognizant of, giving you a much better chance of a positive outcome.
1. If you are aware there is a Houston arrest warrant with your name on it, hire an attorney immediately and discuss whether there is a possibility of the attorney having the warrant quashed, which means it is effectively cancelled and you no longer have to worry about being arrested. If this option is a possibility it can save you not only the humiliation of an arrest but the expense of additional fines as well as the possibility of a blot on your record. If your attorney is able to have the warrant quashed, then the court will set a new court date which you absolutely must show up for.
2. You can post a Harris county bond, either in person, through your attorney or through a bondsman. If you go in person to post a bond in Houston you run the risk of being arrested right then and there, although it is not especially likely. The goal of the city is to collect the money for outstanding traffic citations therefore there is probably little interest in jailing you when you are making the effort to pay your fines.
3. Your attorney may be able to have the outstanding tickets dismissed altogether depending on the amount of time which has passed. If a significant period of time has elapsed, it is possible that the officer who gave you the citation is no longer employed with the city of Houston, or that any witnesses named in the case have been lost track of. It is definitely in your best interests to explore other options than paying the ticket to avoid the points on your driving record, the increase in insurance rates and the possibility of having your present or potential employment affected by the pleading guilty to an offense—which happens the moment you pay the ticket.
Ignoring or forgetting about traffic citations should be avoided at all costs, so treat traffic tickets with the seriousness they deserve and seek out legal help in the even a Harris county arrest warrant has been issued against you.
Could Houston’s Annual Warrant Roundup Affect You?
Every year the state of Texas holds a two-month long great warrant roundup and if you happen to be “asked” to participate in the roundup it is not nearly as much fun as it might sound. Those individuals who have neglected to pay a traffic ticket or other Class C misdemeanor ticket may find themselves actively pursued under a City of Houston arrest warrant. Just last March Houston began their annual warrant roundup clearing nearly 30,000 warrants, netting two and a half million dollars in outstanding fines and making over four thousand arrests. These roundups are a significant source of revenue for Texas counties, however if your name is on the warrant list should you simply pay up? While the threat of being arrested at your home or place of work is frightening enough to cause you to immediately write out a check, in many cases it is much more advantageous to consult an experienced traffic attorney who can offer you some options.
Posting a Bond vs. Paying Your Tickets
If you know that you have an outstanding Houston arrest warrant you are probably in a better position than those who are unaware of the fact. Knowledge of the arrest warrant gives you time to avoid a potentially embarrassing situation such as being arrested in front of your boss and co-workers. Before the roundup officially kicks into gear, you have the option of posting a Harris county traffic bond which can give you some time to decide how you want to handle the situation. A Sugarland bond or Jersey Village bond can also be posted should you reside in those areas. Posting a bond is not difficult and can allow you and your attorney to decide whether you will ultimately pay your tickets and suffer the consequences or fight for a better end result such as deferred adjudication or a mandated defensive driving course. Simply paying your ticket can result in a variety of repercussions, none of them particularly good. You will accrue points on your driver’s license, be subject to higher insurance rates and in some cases your employment may even be affected.
Options for Paying Your City of Houston Bond
To avoid having an officer knock on your door and take you to jail, you have the following options for removing your Harris County arrest warrant. You can post a cash bond with the court or you can post a bond with a bonding company or through your attorney. A final option to have your warrant dismissed is to appear in court on the day and time when walk-ins are allowed in your area court and speak with the prosecutor. This strategy can resolve your charges and allow you to enter a not guilty plea with the judge. Although you could potentially be taken into custody at this time, it is unlikely since you are there to find a resolution to the situation.
Forgetting to pay a traffic fine may sound minor, but it can quickly turn into a major ordeal once a Houston arrest warrant has been issued. Hiring an attorney may seem a bit extreme for this situation, but if your goal is to avoid long-term complications then it could truly be the most advantageous solution.
City of Houston Municipal court Fine and Bond schedule
As of January 2010
Note: Fine amounts and costs are subject to change.
For fine amounts not listed, call 311 or (713) 837-0311
Telecommunications device for the deaf (TDD) call 311 or (713) 247-8591
Also visit the city of Houston municipal court website at
WWW.HOUSTONCOURTS.ORG
SPEEDING VIOLATIONS
| MPH Over Limit |
Speeding in POSTED ZONE |
Speeding in SCHOOL ZONE |
Speeding in CONSTRUCTION ZONE (workers present) |
|||
| 1-5MPH | $170 | $220 | $235 | |||
| 6-9 MPH | $180 | $235 | $260 | |||
| 10-14 MPH | $200 | $250 | $295 | |||
| 15-19 MPH | $245 | $270 | $380 | |||
| 20-29 MPH | $265 | $295 | $430 | |||
| 30 MPH & Over | $300 | $325 | $500 | |||
MOVING VIOLATIONS (NO ACCIDENT INVOLVED)
| VIOLATION |
TOTAL WINDOW FINE |
| Running a Red Light or a Stop Sign | $230 |
| Failure to Obey Must Turn Signal | $180 |
| Change Lanes Not In Safety | $180 |
| Driving at Night without Lights | $180 |
| HOV Lane Violations | $170 |
| No Registration/Receipt for Commercial Truck/Trailer | $155 |
| Failure to Change Address on Driver’s License | $105 |
| Defective Equipment Violations (non-commercial vehicle) (non-functioning/missing lights, brakes, mufflers, mirrors, etc.) | $130 |
MOVING VIOLATION (WITH ACCIDENT INVOLVED)
| VIOLATION |
TOTAL WINDOW FINE |
| All Moving Violations with Accident | $270 |
SEAT BELT VIOLATIONS
| VIOLATION |
TOTAL WINDOW FINE |
| Seat Belt – Adult | $150 |
| Seat Belt – Adult – Commercial Vehicle | $210 |
| Seat Belt – Child Safety (1st Offense) (2nd/Subsequent) |
$125 $225 |
OTHER VIOLATIONS
| VIOLATION |
TOTAL WINDOW FINE |
| No Driver’s License (includes no motorcycle endorsement | $195 |
| No Vehicle Inspection Sticker (n/a to commercial vehicle) | $130 |
| No Auto Liability Insurance | $260 |
| No Vehicle Registration (n/a to commercial vehicle) | $130 |
| No Auto Liability Insurance No Auto Liability Insurance (second or subsequent offense)* |
$260 $470 |
NOTICE
*A second or subsequent conviction of an offense under the Texas motor vehicle safety and responsibility act will result in the suspension of your driver’s license and motor vehicle registration unless you file and maintain proof of financial responsibility with the department of public safety (DPS) for two years from date of conviction. The department may waive the requirement to file proof of financial responsibility if you file satisfactory evidence with the department showing that at the time the citation was issued, the vehicle was covered by a liability insurance policy or that you were otherwise exempt from the requirement to provide evidence of financial responsibility.
Driver Responsibility Law
Points system The Driver Responsibility law (TRC § 708; Article 10, House Bill 3588, 78th Legislative Session) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s driver record as follows:
- Two points for a moving violation conviction in Texas or that of another state. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89, which includes a list of those violations that will be assigned points.
- Points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions
- Child Safety Seat Violations will accrue two points.
- Three points for a moving violation conviction in Texas that resulted in a vehicle crash.
Points accrued remain on the driver record for a period of three years from conviction date. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.
Points Surcharge
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The surcharge assessment will be reviewed annually. If driver record continues to reflect six or more points during the prior three-year period, the surcharge will be assessed. Therefore, drivers may be required to pay for one or more years if six or more points continue to accumulate on the driver record. The driver is required to pay a $100 surcharge for the first six points and $25 for each additional point. Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record.
Annual surcharge for certain convictions
Drivers who receive a conviction for any of the following offenses that occur on or after September 1, 2003 are required to pay an annual surcharge for three years from the date of conviction.
- Driving While Intoxicated (DWI), or a DWI-related offense.
- i. First Conviction – $1,000 annual surcharge
- ii. Second or subsequent Conviction – $1,500 annual surcharge
- iii. DWI with Blood Alcohol Content .16 or greater – $2,000 annual surcharge
- i. $250 annual surcharge
- i. $250 annual surcharge
- i. $100 annual surcharge
- Failure to Maintain Financial Responsibility
- Driving While License Invalid
- 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).
Surcharges, which are cumulative, are automatically assessed for these convictions and do not accrue points. Therefore, an initial conviction for DWI will be assessed $1000 annually, and a subsequent DWI conviction within the same three-year period will be assessed an additional $1500 annually.
All surcharges assessed for this program are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions. Read more ……
New Motorcycle Laws Roll Into Texas September 1, 2009
HOUSTON—On June 19, 2009, Governor Rick Perry signed into law Senate Bill 1967 (SB1967) of the 81st Regular Legislative Session. This law became effective September 1, 2009, and includes many motorcycle-related changes that affect all riders.
First, the bill 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. It also repeals the helmet exemption sticker program.
Former law required a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. SB1967 removes that minimum amount, and requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The terms “health insurance plan” refer to an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.
Further, SB1967 prohibits a peace officer from stopping or detaining a person who is the operator of, or passenger on, a motorcycle for the sole purpose of determining whether the person has successfully completed a motorcycle operator training and safety course, or is covered by a motorcycle health insurance plan and repeals provisions relating to a DPS-issued sticker required to be displayed on a motorcycle by a motorcycle owner.
Also included in the bill is an amended definition of “motorcycle”, which now includes certain enclosed three-wheeled passenger vehicles, and new licensing requirements for said vehicles. The law also mandates increased penalties for failure to yield the right-of-way violations resulting in bodily injury and serious bodily injury, to ranges of $500 to $2,000, and $1,000 to
$4,000, respectively
Lastly, SB1967 solicits funding from the Texas Department of Transportation (TXDOT) for a public awareness campaign to promote motorcycle safety and the concept of sharing the road with motorcyclists. This initiative is an extension of the “Look, Learn, Live” campaign introduced in 2008. The law also requires that all driver education courses and driver safety courses include information on motorcycle awareness, dangers of failure to yield the right-of-way to motorcyclists, and how to safely share the road with motorcyclists.
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