The majority of traffic tickets in Texas are assigned as class C misdemeanors which are criminal offenses. Failure to respond to such a traffic ticket will result in a warrant for your arrest.
FINES & PENALTIES
Traffic fines in Texas vary by court. If you do not pay on time, you will be charged additional late fees. Refer to your traffic ticket to determine your exact ticket amount, deadlines, and penalties.
Texas Department of Public Safety (DPS) operates under a driving record point system. If you receive too many points, your license may be up for suspension.
Some major violations include:
- Reckless driving.
- Driving under the influence (DUI) of drugs or alcohol.
POINTS FOR VARIOUS TRAFFIC VIOLATIONS
All convictions will stay on your driving record for 3 years. Points are added to your Texas driving record even if you're convicted outside the state of Texas.
| Violation | Points |
|---|
| Any moving violation | 2 |
| Any moving violation that resulted in a car accident | 3 |
DRIVER RESPONSIBILITY PROGRAM SURCHARGES
The following surcharges apply whether you receive a conviction in or outside the state of Texas
Point-based
If you receive 6 or more points within a 3-year period, you will be penalized an additional $100/year for the first 6 points and $25/year for each additional point. You must pay this surcharge each year for the next 3 years.
Conviction-based
If you're convicted of any of the following, you will automatically be assessed a surcharge.
| Conviction | Surcharge |
|---|
| No insurance | $250 |
| Driving while License Invalid (DWLI) | $250 |
| No driver license or expired license | $100 |
| * The surcharge amount is paid every year for 3 years. See here for other convictions that result in a driver responsibility surcharge. |
|---|
REDUCING SURCHARGES
Texas offers 3 programs for drivers to reduce their surcharges. You can apply online here.
- Periodic Amnesty Program.
This program is not required to be offered by the Department of Public Safety (DPS). If you qualify, this program will reduce an individual's surcharge balance to 10% or $250 of the amount, whichever is less.
To see if you're eligible, complete an online application here.
If you qualify, you will be eligible to receive reduction amnesty only once every 3 years.
Applies to individuals who are living above 125% but are below 300% federal poverty level. Drivers will get a one-time reduction of 50% of their surcharges.
Applies to individuals who are living at or below 125% of the federal poverty level. For approved applicants, surcharges will be completely waived, resulting in a zero balance.
DEFENSIVE DRIVING ELIGIBILITY
Most minor citations can be dismissed with a defensive driving course online or in a classroom. In order to be eligible for a defensive driving course, you must meet the following conditions:
- Not taken a defensive a driving course in the past 12 months.
- Do not have a commercial driver's license (CDL).
- Not currently taking a defensive driving course for a separate violation.
The following violations are not eligible for defensive driving school:
- Speeding 25+ mph over the posted speed limit
- No car insurance
- Passing a school bus
- Construction zone violations
- Leaving the scene of an accident (hit and run)
A list of approved websites for defensive driving here.
You will be charged to take a defensive driving course and it takes 5 hours to complete.
MOVING VIOLATIONS
A moving violation occurs whenever a traffic law is violated by a vehicle in motion. Some examples of moving violations are speeding, running a stop sign or red light, and drunk driving. A non-moving violation, by contrast, is usually related to parking or faulty equipment.
RESPONDING TO YOUR TICKET
Signing your traffic ticket is not an admission of guilt.
There are three ways to respond to your traffic ticket:
- Plead guilty and pay the fine.
- Plead no contest and pay the fine.
- Plead not guilty and contest the ticket.
Regardless of plea, it must be entered before the ticket's due date. In most cases, this will be about 30 days from the infraction date.
Pay the ticket
Paying a Texas traffic ticket is an admission of guilt.
This means:
- You are waiving your right to challenge the traffic ticket in court.
- Depending on your TX driving record, the Department of Public Safety (DPS) may suspend your Texas driver's license.
- The traffic violation may cause an increase in your car insurance rates.
Plead no-contest ("nolo contendere")
You're not pleading guilty, however you're acknowledging the evidence against you and accept legal consequences.
A no-contest plea protects the defendant from future civil lawsuits that are based on the conviction from the original trial.
Follow the instructions on your traffic ticket to request this hearing.
Requesting a contested hearing
If you want to plead “not guilty" to the violation, you can request a contested hearing at the relevant county court by checking the appropriate check box on your ticket and then mailing it in to the court. You can also contest it right on your phone by using the Off The Record app.
Roughly 5% of drivers contest their traffic tickets.
HIRING AN ATTORNEY
Fighting your traffic ticket can help you avoid fines, license suspension, and increased insurance premiums. A traffic ticket attorney is a major asset in that fight. Typically, you can expect an attorney to:
- Handle all paperwork
- Represent you in court
