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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  Almost 12 years of legal experience
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My son recieved a ticket for a small fender bender

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My son recieved a ticket for a small fender bender in a private hospital parking lot in ABILENE TEXAS. He tried to pay the fine for more than a month by phone and each time he called the court, he was told they had no record. The last time he called the court he was told dont worry if they didnt have the ticket by now, it would be on them. Months later He recieved an advisory that an arrest warrant would be issued if he didnt take care of his ticket. He immediately went and paid the ticket without court procedings or admission of guilt. Now the state wants to access points for allegeged convictions of numerous multiple traffic violations and also want to asess a surcharge for these alleged convictions under traffic code 608. My son had one other ticket for failure to stop at a stop sign in the country. again he paid the fine but did not admit to guilty in a court.
Hello.

So that I can best help you what is your question?
Customer: replied 3 years ago.

My son recieved a ticket for a small fender bender in a private hospital parking lot in ABILENE TEXAS. He tried to pay the fine for more than a month by phone and each time he called the court, he was told they had no record. The last time he called the court he was told dont worry if they didnt have the ticket by now, it would be on them. Months later He recieved an advisory that an arrest warrant would be issued if he didnt take care of his ticket. He immediately went and paid the ticket without court procedings or admission of guilt. Now the state wants to access points for allegeged convictions of numerous multiple traffic violations and also want to asess a surcharge for these alleged convictions under traffic code 608. My son had one other ticket for failure to stop at a stop sign in the country. again he paid the fine but did not admit to guilty in a court.

I understand the facts as you've laid them out but you haven't actually asked a question about them. I can't answer until you tell me what you need to know. Thanks.
Customer: replied 3 years ago.


I already been charged 2 times for no ansawer. Is what the Texas DMV doing to my son leagal

You haven't been charged yet because you haven't rated my answer, which I haven't given yet because you didn't tell me what your question was. Now that you have, I can answer.

Yes, it is legal. When he paid the tickets, he admitted guilt and they went on his record as a conviction. You don't have to go to court to plead guilty to a citation that is punishable by a fine only (i.e. not punishable by jail time). If you pay the ticket without going to court, that is still an admission of guilt that results in a conviction. And unfortunately, Texas charges a surcharge over and above the court penalties for convictions and points. This site explains how the surcharges work:
http://www.txdps.state.tx.us/driverlicense/drp.htm

I'm not sure what his income situation is but if money is a problem for him, they do have a program for repaying surcharges for persons who meet certain income requirements. The program reduces the charges and allows the person to keep their license while they make payments. It is described here:
http://www.txdps.state.tx.us/DriverLicense/IndigencyProgram.htm

Sorry I can't give you better news. I'm sure it wasn't what you wanted to hear. But unfortunately, that is how the traffic citation system works.
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Customer: replied 3 years ago.

Thank you but On my credit card I was charged on 7/22, 36$ and 30$ for this answer before I rated your answer why? is this surcharge by texas constitutional or double jeopardy? I have a daughter that has paid this surcharge on the same offence for three years running

You haven't actually rated my answer yet so I haven't received credit. I will refer your question to customer service because I don't actually have anything to do with the payments or anything.

The surcharge isn't double jeopardy. Double jeopardy only applies to being tried for the same crime. This is an administrative fee that is assessed by DPS, so unfortunately double jeopardy does not bar them from assessing the fee as long as what is on someone's record qualifies them to be surcharged.

Please leave a positive rating so I get credit for my answer. If you have any follow-up questions, feel free to post them here.
Customer: replied 3 years ago.

I wiil rate you when my account is correct and the erroneous charges removed from my debit account