So, my wife is in jail.

[dave29]

She was pulled over this morning and found out her license had been suspended. Apparantly back in 2003 they passed a law in Texas requiring you not only to pay a ticket for not having insurance but a state surcharge on top of that. The letter that told her about the surcharge went to our old address. Her bad for not getting her license updated with the correct address.

However, now she is sitting in jail, and has no idea why her license was suspended. I can't talk to her because in order to receive a collect call you have to pay $50 and it can take up to 48 hours to process. She has tried calling me collect repeatedly and there is nothing I can do.

She has been unable to see a magistrate since 9am CST this morning.

Can someone explain to me why these surcharge letters are not sent certified... or they don't try to call you when you fail to pay?

My wife is in jail. She's the sweetest person I know, and there's nothing I can do, for now.

Ugh.

[ThomCat]

1. I hope this gets straightened out quickly.

I'm very sorry about your wife's situation. :(

[babylonsister]

2. I'm very sorry, Dave, how absolutely, totally frustrating that must be.

Jail. How ignorant, for a surcharge?
You might want to post this in the TX forum; maybe someone has some advice.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=180

[IndyOp]

3. Lawyer? Public defender? Does Texas let people have lawyers? I am afraid to

hear the answer...

:scared:

[dave29]

6. yes, but they are known for falling asleep in court.

:(

[EFerrari]

15. It won't get to court or it'll just be a hearing that you two can

manage.

[Manifestor_of_Light]

76. That was the famous Ron Mock of Houston who fell asleep.

They have no public defenders' offices in Texas. They have court-appointed lawyers but no central office.

[cwydro]

4. Can you go down there?

and be as nice as possilbe to the cops?

That sounds like BS that she can't call. I think that is a right to get one phone call.

[dave29]

10. yes, but it is a collect call.

and the party on the other end has to get set up to accept them. She is being allowed more than one call though - she's just being held right now, the one phone call thing doesn't seem to apply.

[htuttle]

13. Nope. Been there when dealing with my kids

All the jails everywhere have seemd to have signed up with the most predatory phone companies imaginable. I'm talking rates like $10 per minute and higher. And if you haven't set up an account and paid a deposit first, they can't get through when calling collect.

The jail phone rates has been a nationwide issue, but hasn't been making a lot of progress, because, you know -- everyone who's ever in jail is a criminal, right? :sarcasm:

The Equitable Telephone Charges Campaign is one of the groups working on changing this:
http://www.etccampaign.com/


Sorry to hear about the OP's situation. It sucks. I know.

[cwydro]

18. wow.

that is terrible. And in most cases taking advantage of those who can afford it least.

[Lone_Star_Dem]

97. Yep, and prisons have done the same thing.

It's taking place across the US, not just in Texas. People accepting collect calls from inmates pay higher rates than other collect calls and they cannot use their own provider to receive these calls. One state had a class action lawsuit against several of these predatory service providers several years back. Sadly, I don't know what ever became of the suit.

[etherealtruth]

5. I am so sorry ...

Hopefully, this will be resolved soon.

This sucks

[proud2BlibKansan]

7. That is horrible

I hope it all works out.

[Javaman]

8. man that sucks.

My bro got pulled over in jersey for a warrant out for his arrest because of "an unpaid" parking ticket 7 years prior and went to jail.

what was found out was that the NYC traffic record keeping dept had burned down "6" years prior and through a paper work screw up, he had a warrant placed on him.

24 hours later, lawyers and much apologies by the Judge and the arresting officer, he was release with a clean record.

it will all work out, I just find it very extreme to have your wife put in jail because of an accounting issue.

[onethatcares]

9. they put you in jail for a suspended licence?? WTF

It would seem they'd be more than willing to give you a ticket, a court date, and let you call someone to come get you rather than tie up the system, just leave the car there.

[michreject]

69. I'm suspecting that has already happened

It would seem they'd be more than willing to give you a ticket, a court date

If you own a fine they send a letter demanding payment. If that doesn't work, they suspend your license and send a letter telling you to come in a see a judge about clearing this matter up. You still don't see the Judge, a bench warrant is issued. They won't come and get you, they will wait until you do something and then take you in, holding you until you see the Judge or pay monies owed.

As per the OP, the letter writing stage has come and gone.

[Laurab]

135. Not necessarily - I drove around with a suspended license for months

and was never even informed of it. I found out when I went to get my driver's license renewed, and they wouldn't renew it. I owed $75.00 on a ticket, had forgotten about it, and was never sent anything at all. No reminders, no suspension notices, nothing.

Fortunately for me, I live in a more modern state. I paid the fine I owed, and all was well. But I honestly never got any kind of notification.

[Subdivisions]

114. NOOOOO! STRAIGHT TO JAIL, BABY! Fucking criminally

insane suspended liscense mofos.

[Tesha]

158. That's pretty routine, actually.

If you're stopped while driving with a suspended
license, you likely *WILL* go to jail. What else
can the cop do? Write you a ticket and make you
promise not to drive away the instant the cop
leaves?

They'll arrest you and tow your car.

For people who were suspended in error, it sucks,
but it's not the cop's job to sort it out on
the scene.

Tesha

[SoCalDem]

11. I once got a 'suspension notice". When I investigated, it turned

out to be a $75 parking ticket my SON got while driving MY car .. He apparently removed the notice of the fine from the mail (did not tell me for obvious reasons).. he also never PAID the fine, so I knew nothing about it..

If I had not gottent he suspension notice, I would have been driving around on a suspended license and would never have known it until I tried to renew it or got stopped..

Check on the status of any unpaid parking tickets.. perhaps YOU can pay the surcharge by debit card, and get her out that way..

You should probably call a lawyer or the courthouse..maybe you can find a public defender who would give you some advice :)

[EFerrari]

12. I'm so sorry. What an awful way to handle a TICKET.

It'll cost them more to hold her than to collect. That's insane. :mad:

[dysfunctional press]

92. it's more than a ticket...it's driving on a suspended liscense...

and probably missing a court date, resulting in a bench warrant being issued.

[EFerrari]

99. If she wasn't notified legally about the suspension, she can't be

prosecuted for that. But, she can be arrested until it's sorted out.

My license was suspended in a similar way, for a ticket I actually did pay but they messed up the paper. And, I never got the notice because we, too, moved. So, they could and did pick me up but then had to apologize and demote the arrest to a "detention" which made no difference at all to the warm baloney sandwiches. :(

[liberalnurse]

109. I'm convinced that the "traffic court"

system is designed for customer failure,,,,,a money-maker for the community/state.

[EFerrari]

112. I agree. When I lived in the Haight, I had to park on the street.

Every three feet, the rules changed. They made a bunch of money off of us.

[dysfunctional press]

122. she didn't change her address with the state...

and suspension notifications do not have to be sent certified mail. if they mailed the notification to her registered address,it's considered a notification.

and it varies from state to state.

[EFerrari]

125. It must vary because the letter I didn't get wasn't considered notification. n/t

[dysfunctional press]

126. i had it happen to me years ago here in illinois...

and a letter sent regular mail was considered legal notice.

[snappyturtle]

153. I hate to add to the misery of a situation like this

but in St. Cloud,MN my son ended up in jail for the same reason and had to pay the county $500.00 to keep his butt in jail! He had a warrant out on him for an unpaid ticket, he was a poorer than poor student at the time (and stupid for not letting me help him out but...) so he got pulled over just on a random license plate run at a stop lite and bam, in jail! It was a miserable, stupid,lame excuse to collect revenue, period. He lost time at work as did I hauling him to court and we couldn't even have a cell phone in the court house! The whole system is totally out of whack. The people are so busy scrambling to get a piece of the pie that they don't take care of their "obligations" and end up being treated like full fledged criminals. Can you tell I am still angry about this that happened well over a year ago. I habve little respect for law enforcement officers anymore.

[Roland99]

14. Can't you go down there and at the very least post bail?

[cwydro]

Yeah

that was my thought. Can't be that much for that charge. And if they have a pre-trial intervention thing...for people who have never been arrested...they will help you figure out what to do.

[stirlingsliver]

16. My Thought, Too.

Certainly the OP ought to be able to post bail.

I would think bail might even be waived -- she might be able to get released to her own recognizance.

[stirlingsliver]

17. My Thought, Too.

Certainly the OP ought to be able to post bail.

I would think bail might even be waived -- she might be able to get released to her own recognizance.

[dave29]

19. No bail has been set. She has not seen a judge.

n/t

[Roland99]

21. You don't see a judge before bail is set. Well, not for something like this.

Now if no one posted bail, she'd spend the night in jail and appear at some morning arraignment.

However, for a charge like this, there will be a small bail that could be posted and she'd be released with a court date that she better show up for.

[dave29]

24. I meant magistrate

according to the website, and everyone I have called repeatedly, she has not seen the person who decides what her bail will be

[htuttle]

28. Well, she'd have to get arraigned first at the very least before any bail would be set

And depending on where you are, that can take quite a bit of time

[Roland99]

40. My own personal experience....

I missed a court appearance for a traffic case (my daughter was in the hospital) and, to make a stupid story short, ended up cuffed and taken down for that failure to appear. I arrived at the jail about 1pm and was out by about 6:30pm, mostly the delay was because everyone I knew at the time was either not home or at work (behind a PBX system where the jail phone system can't get through to) or only had a cell phone available (again, the jail phone system wouldn't call cell phones). I had to wait until people got home. :-)


Never saw a judge that day. Just did the intake fingerprinting and the basic Q&A stuff.

[EFerrari]

90. Not necessarily. Arraignment is not a prerequisite here, anyway.

A call to a bondsman would yield an amount and a plan. Sort of like calling the Godfather. :(

[karlrschneider]

30. At least and for sure, for a misdemeanor.

I'm pretty sure that all states have "standard" bonds for minor offenses. No magistrate needed.

[Horse with no Name]

34. No preset bail in Texas

Everyone goes before the local magistrate for arraignment.

[Roland99]

38. Lovely. Let's clog up county jails with scofflaws with unpaid parking tickets.

[karlrschneider]

45. Yes I see you're correct.

My error.

[The Backlash Cometh]

20. In answer to your question:

Because you live in Texas, where powerful people can steal land, and pass stupid laws, all in the same week.

[karlrschneider]

22. How did you get all this information if you haven't talked to her?

I don't get it.
And who do you have to pay $50 to?

[dave29]

27. I called everyone and their grandmother

I finally got ahold of someone at DPS who was able to tell me about the surcharge letter. This after finding out she had no warrants out and had paid all of her tickets.

Edit to add: I've also been working with her sister to gather info. Her sister works for the state Attorney General's office. On the $50 thing it si an agency you have to pay to receive collect calls from jail, I guess.

[stirlingsliver]

31. WOW!

Am I glad I don't live in Texas.

It looks like you can get thrown into jail in Texas even if you pay for all your tickets, but get your license suspended for not paying a surcharge.

It sounds like a state that borders on fascism to me.

[dave29]

32. however, this is Austin

which is pretty damned blue.

My face is seven shades of red right now, however.

[stirlingsliver]

47. But Austin Is STILL Texas

Texas is Texas.

It sounds like your wife is in jail because of something the State of Texas did.

[dave29]

53. correct. It is a state law that nobody has heard of

passed in 2003. The guy at DPS had to explain it to me. Sounded like he was used to explaining it.

[errorbells]

98. I am so sorry, Dave!

We have not heard of it in our house either. Husband is at work, but he will be looking it up.
I was born here and though it may upset some Texans on the board, I wish we could move away....

[Warpy]

23. Go in and see what you can do about clearing it up

My guess is that she'll be arraigned soon and get hit with a hefty fine.

She will need to get her driving history from the MVD. If they get stuffy, maybe the Clerk of Court (a great resource) can help, or at that point it might be politic to hire an attorney.

If she doesn't have an idea why her license was suspended, then either it's a clerical error somewhere or, (we hope not!), identity theft. In either case, she will need her complete driving record.

If the whole mess happened because of an unpaid surcharge on an old ticket causing the license suspension, then you'll have a bigger tab to pay. Don't expect any sympathy about not getting notified about a surcharge. It will take a fight to get her license reinstated unless the judge is very sympathetic.

She'll have great stories to tell you about who she shared a holding cell with.

[Horse with no Name]

44. The problem is

That most Texans aren't aware of the surcharges exist until a situation like this.
You pay the ticket, fines and court costs and think you are done as well you should.
You don't get the surcharge notice for several months--if at all.

[dave29]

55. correct. The ticket was paid in July

the letter notifying her of the surcharge was sent out to our old address on November 9th, giving her 30 days to pay. Of course, she never saw it.

4 months after the fact.

[Warpy]

94. They probably designed it that way

to up the ante.

What a possibility for some go getter journalist to do an expose!

[EST]

25. You need to call a lawyer, either near you or near her.

Just get a number and call someone and tell them what you are trying to do ard ask are they the right people to call or not, and, if not, whom should you call.

You need someone who knows the local ordinances, as you have discovered, because they might even have something like Illinois does. They call it a reinstatement fee.

You can go to court, pay your fines, get your ass chewing and they can hand you back your license.But they are not required to tell you that there is a one hundred dollar (1987) reinstatement fee! And, even though you have a perfectly license in your hand, it is no damned good.

They also put you on a list, with your car licennse and details, and keep an eye out for you, nabbing you at the very next town, sticking you back in another local hoosgow and squeezing another fine out of you-driving without a license-as well as another reinstatenment fee.

You can easily run through a thousand bucks in one lousy day, so someone who knows the ropes is a definite plus.

[Na Gael]

143. Get An Attorney!

#1.) Get an attorney. It won't cost a fortune.
#2.) Give DPS NO/Nothing/Nada/Zip/Zilch information about this incident.

Your wife will be preyed upon otherwise. Trust me on this, if you do nothing else-GET AN ATTORNEY!

I hear William B. Mange is very good(451-5885).
If you don't like him, I would contact David Sprecher in Houston, and see who he recommends(713-639-2600).

[eppur_se_muova]

26. Holy crap! Guess I got off lucky. I had a similar thing in GA ...

Forget to change address for license, even though I changed car registration. Found out my license was suspended only after having a wreck -- turned out I had failed to respond to a summons sent to the old address. Things were bad enough (car totaled, thankfully no serious injury) without having to sit in jail because of it.

I guess TX is just full of even more authoritarian BS than GA.

[Cleita]

29. Wow! Is this how bad things have gotten in Texas?

Going to jail for and expired license and not having insurance is a bit Draconian IMHO. I let my license expire once in California. I got a summons to go to court. I was expected to show up with a new driver's license and the judge imposed a fine after that, which turned out to be $50. It was punishment enough because I couldn't afford it, but Jail? Maybe you need to contact the ACLU on this.

[stirlingsliver]

35. Or Move OUT Of Texas.

This lady paid ALL of her tickets.

She just did not pay some surcharge -- a surcharge she didn't even know about!

Because she didn't pay the surcharge, her license gets suspended.

So - despite the fact that she has NO outstanding tickets, she STILL gets hauled off to jail!

Unbelievable!!

[dave29]

37. she had to call into work and tell them she was in jail.

I'm so furious about that.

[stirlingsliver]

42. I'm Glad They Let Her Call Work.

It sounds like they did not let her make many calls.

I hope she has a good, understanding employer that will not fire her because she missed a day of work, or because she spent a day in jail.

This sounds like it could be an even BIGGER mess.

[cwydro]

58. Wait!

They let her call her WORK? But not her husband? Jeez.

[dave29]

73. that was her "Free" phone call.

I am guessing.

[cwydro]

86. Guess she wasn't thinking clearly.

I would call my SO and let him/her call my work. No doubt she is shook up.

[dave29]

100. the more I am thinking about it

theofficer who arrested her may have let her call into work before hauling her off. I really don't know... I just know when I called her work, they were aware of the situation.

[Double T]

33. Sounds like Texas, like the rest of America, is turning into a police state,..........

where former 'rights' have NOW become obscured. I'm sorry for the mess you and your wife are in, it must be exasperating!!

[liberalnurse]

110. Could you please

edit this reply? It is most annoying to me if not others. The huge gap serves no purpose with the message.

[EnviroBat]

145. Oh Geesh...

And your posting to complain serves what purpose again?

[FloridaJudy]

36. That really bites.

I once got a letter notifying me my license had been suspended. It arrived three months after I'd paid my fine (expired tag) and had my license cleared.

I called the DMV. They said "Ooops. That happens. Ignore the letter: your license is fine".

This shouldn't happen. Any chance you could find a Legal Aid lawyer? That business with the phone calls sounds like a bad nightmare. Surely there should be some way to get through to family and friends.

[Horse with no Name]

39. Those surcharge fees should be criminal

I know someone that this happened to.
They paid a local ticket AND a local fine.
They paid close to $400 for this ticket and thought it was over.
A few months later they got the surcharge letter with a letter that their license had been suspended for a charge they didn't know existed.
THEN they made a payment plan for the charge (it was close to $250), paid it off and thought they were done.
THEN the next year they got ANOTHER letter for ANOTHER surcharge of $250, called then found out that this would continue for 3 years.
They missed a payment on the surcharge and tried to actually pay it off and they couldn't find a way to do it.
As far as I know, it is still unpaid because they couldn't figure out how to pay it.
The whole thing is CRIMINAL as far as I am concerned.
Good luck with getting your wife out.

[Patiod]

148. My SO ran into some similar nonsense

Municipalities that said he owed money for tickets, but wouldn't let him pay the tickets, then he couldn't get a license, so he got nailed for driving without a license, but he wasn't allowed to pay the tickets off to clear his record and get a license.

He finally got his college roommate, who is a lawyer, to go to court with him (on the driving-without-a-license hearing), and when the lawyer showed the court the documentation of S.O.'s attempts to pay the fines, the judge cleared ALL the fines (including the driving-without-a-license fine) so long as he went that evening to get a license.

S.O. had been trying for years to do this, but sadly, it took a LAWYER to get it straightened out. It seems the law is deaf to normal people, but they can hear the language the lawyers speak.

/As I've always said, we all hate lawyers until we need one, then it's "my lawyer says..." and "my lawyer thinks...."

[BlooInBloo]

41. Maybe I missed it, but why don't you go get a lawyer?

[dave29]

48. I've got the lawyer part covered

not much that can be done until she finds out her bail.

[BlooInBloo]

43. This strikes me as incredible. Literally.

I'm trying to picture my wife languishing in jail, and me posting on DU in the meantime, ending my post with "Ugh.".

I can't see it.

[Horse with no Name]

51. You aren't familar with Texas justice

NOTHING can be done--no lawyers, no bail bondsmen...NOTHING...until she has been arraigned. Most of the time, arraignment is FIRST thing in the morning--if you miss it--you wait until the next day.
I know this for a fact because I got pulled over for a minor traffic ticket that I didn't pay when I was younger.
I spent the night in jail at age 25 for a traffic ticket I got when I was 18.
Luckily this was wayyy before the surcharges.

[IA_Seth]

52. word! n/t

[errorbells]

54. I am with you!

After reading this, the first thing I thought was "Hope she is on Houston so I can bail her out!"

Is that not possible, Dave?!

[AuntPatsy]

46. This is what probably occurred since she paid her tickets

I got a letter several months ago saying my license was going to be suspended if I did not pay over two hundred dollars because apparently I had gotten three tickets in a three year period, I called them because I had no idea what they were talking about, she told me it was a new law and I would have to pay that yearly as long as I had three or more tickets in a three year period. Im off of it now but I had no idea.

That is probably the letter they sent to your wife, they should send such letters certified but obviously they could care less if someone gets it or not, it gets them more money in the end.

And yes they will arrest you for driving with a suspended license and in texas for those saying you can just post bail before someone sees a judge, your wrong, it doesnt matter if it is a misdemenor or not and it doesnt help to be nice to the police, if you call alot they get mad and will hold her longer, mark my words.

Good luck.

[IA_Seth]

49. Not to be a prick...

But why are you posting on DU instead of going down there and trying to work it out? I can guarantee you that the last place I would turn while my wife was locked up would be a website forum.

Call a lawyer, someone that actually knows the local laws and is able to walk you through them.

Perhaps thats just me.

[dave29]

57. I've been doing all I can all day. I am venting on DU because

there is nothing I can do down there. Trust me.

[AuntPatsy]

61. Call a bail bondsman and they will keep in touch with the station

and will hear her bail amount before you do, its the only way...a lawyer just does the same but costs more. you have to pay the bondsman but they will tell you how much it is.

[Horse with no Name]

72. Good advice

and hopefully it isn't a bench warrant.

[michreject]

95. It probably is

That's how she ended up in jail.

[EFerrari]

91. That's right. n/t

[Lisa0825]

50. They got me for $276 per year for three years.

I missed one year, due to change of address. I got the letter the next year and paid it. I got the third one this year and paid it, and then they lady tells me my license is suspended and won't be clear until I pay for year #1. So, I've been driving on a "suspended" license for over 2 years! Fortunately for me, even though I DID get pulled over in the meantime, apparently he didn't find it suspended, or the cop never said anything if did.

He's a scary thing too... I saw a sign at the insurance company when I went to sign paperwork last month... It said something like due to state law, the police or DPS would have access to their records, so to be sure not to let your insurance lapse. It sounds to me like they are paving the way for automatically ticketing you if they determine that you do not have insurance, even if you don't get stopped for anything! :mad:

Sorry 'bout your wife's predicament. I hope it gets straightened out soon! Be extra nice to her! She's had a rough day!

[orleans]

56. dave--go down to the jail and ask what you can do? or what you

need to do...AND BE REALLY FUCKING POLITE AND CALM

maybe you can just pay the fine and take her home

[Horse with no Name]

59. I don't understand why it is so hard to understand

There is NOTHING he can do until she has been arraigned.
He can't hire a bondsman, he can't hire an attorney, he can't visit her.
That is how it works in Texas.
All the nice words in the world will NOT help.
The fines are set AFTER she sees the magistrate.

[stirlingsliver]

62. He Can't Even SEE Her?

A husband is not even allowed to SEE his own wife while she is being held in jail??!!

Man, Texas S.U.C.K.S.

BIG TIME.

[Horse with no Name]

68. And a woman isn't allowed to see her husband, a mother isn't allowed to see her

child, ad infinitum UNTIL they are charged.

[stirlingsliver]

70. And Texas Also Kills Women!

Texas, is memory serves, is the state that executed a woman some time ago -- I think when * was governor.

[Horse with no Name]

79. Two women.

Karla Faye Tucke (who was guilty) and African-American Frances Newton (who most likely wasn't).

[557188]

133. What the hell?

I am against the death penalty but why should women be special while men aren't?

Please stop with the sexism ugh.

[AuntPatsy]

80. Frustrating to see some of the responses on this thread isnt it.

[pnwmom]

65. I guess everyone keeps expecting Texas to have normal procedures.

:shrug:

[depakid]

88. Not me!

Nothing that happens in Texas "justice" system surprises me....

I just hope the OP's wife isn't looking at a mandatory minimum. Some states will give you 10 days and a hefty fine for driving while suspended. In other states, it's more or less deciminalized on a first offense.

Most criminal lawyers these days will give you a free case evaluation, so it makes sense to look some up and call.

[pnwmom]

108. Awful to think that they can send you an unregistered letter

and put you to jail for not getting it.

[depakid]

111. I agree- yet I think Oregon's DMV does the same thing

at least with respect to medical suspensions.

Fortunately, the policy around here is basically "book and release," -though they will tow your car away! First offense is basically just a fine and maybe community service. Of course, usually people who've been suspended have also had their insurance canceled.

[Manifestor_of_Light]

83. That is correct.

I was a court reporter in the Houston County, State and Federal courts for almost 20 years. I have seen a million hearings and trials. That's why I lost my marbles.

Everything stops until the person is arraigned before a judge.

[michreject]

87. It's the same most every place

If you don't come in when they ask nice, when they catch you, they're gonna hold you. You can't get bond until you go before the bench. You can't be trusted to show back up, so they'll just keep you.

[Na Gael]

144. An attorney can be hired-

An attorney can, and should be hired before arraignment.

[AuntPatsy]

63. doesnt work that way in texas.

[bigwillq]

60. How awful.

I hope everything can be worked out in this situation and that she can be freed ASAP.

:hug:

[dave29]

104. thanks

and to everyone who has responded with advice, etc in this thread :hug:

[TX-RAT]

152. Helpful link

COURT, PRECINCT 1, OF RANDALL COUNTY, TEXAS

JUSTICE OF THE PEACE JERRY BIGHAM
RANDALL COUNTY COURTHOUSE

400 16TH STREET, SUITE 220

CANYON, TEXAS 79015

[phone]; FAX [phone]; e-mail: [e-mail]



Court hours are: Monday through Friday, 8:00 a.m. – 5:00 p.m.



(Any remittance by mail should include a copy of your citation and be sent to: J.P.-1 Collections, 400 16th Street, Suite 220, Canyon, Texas 79015 or in the envelope provided).



Effective September 1, 2003, the State of Texas will begin an Assignment of Point System. The points system works as follows:

· 2 points for a moving violation in Texas or another state;

· 3 points for a moving violation in Texas or another state resulting in an accident.

Each year, a surcharge shall be assessed on the license of a person who has accumulated 6 points or more.

· $100.00 for the first 6 points; $25.00 for each additional point;

· $250.00 surcharge per year for driving while license in invalid;

· $250.00 surcharge per year for no insurance;

· $100.00 surcharge per year for no driver’s license.

The Texas Department of Public of Public Safety shall send notification of the surcharge by first class mail. The notice will be sent to the most recent address as show on the records of the department. The notice shall include the due date. Failure to pay the surcharge before the 30th day after the date the department sends notice will result in the automatic suspension of the license.



1. This information is being furnished as a courtesy to you by the Justice Court, Precinct 1 of Randall County, Texas, to assist you in making disposition of the charge or charges filed against you.



2. IF YOU WISH TO ENTER A PLEA OF GUILTY OR NOLO CONTENDERE, please indicate below in the proper space provided. A plea of NOLO CONTENDERE means that you do not contest the state’s charge(s) against you. The fine of a NOLO plea is the same as that for a plea of Guilty. Either plea indicates that you agree to waive appearance before the Court for Trial.



3. You must refer to the schedule shown on the reverse side of this letter to determine the total amount of your fine(s) and costs assessed against you. Make your remittance by Cashier’s check or Money Order to J.P.-1 Collections or in the envelope provided. Return your copy of the Citation and this letter with your remittance to assure proper credit. (CASH OR PERSONAL CHECKS WILL NOT BE ACCEPTED)



4. IF YOU WISH TO ENTER A PLEA OF NOT GUILTY and desire a trial, you must indicate in the space provided below. The Court will then set your case for the next available Docket Call.



5. If you fail to respond to this charge by the appearance date shown on the citation, an additional charge of violation of written promise to appear may be filed against you. Warrants for your arrest will be issued. There is an additional $50.00 warrant fee added to the Court costs and your driver’s license can be suspended. If you live out of state your driver’s license will be subject to suspension according to the NON-RESIDENCE VIOLATORS COMPACT.



6. Additional time may be given to pay fines. Please make an appearance in our Court on or before the appearance date on your citation.



Thank you,

Jerry Bigham, J.P.

Justice Court, Precinct 1, Randall County, Texas



PLEA FORM

Check One:



1.________ I hereby enter a plea of GUILTY and waive appearance for trial.



2.________I hereby enter a plea of NOLO CONTENDERE and waive appearance for trial.



3.________I hereby enter a plea of NOT GUILTY.



Date:_______________________ Signature:



ENCLOSE A COPY OF THE CITATION with your remittance or bond.

EFFECTIVE (September 1, 2003)



http://www.randallcounty.org/jp/jp1/tvipf.htm

[Clark2008]

64. Can I ask why you're here blogging instead of down at the jail?

Maybe they would let you see her - maybe not - but it's worth a try.

Edit: Nevermind. Saw your answer above about the kids.

Jail for a surcharge... how outrageously stupid of the judicial system there.

[pnwmom]

66. He's answered this over and over. He can't do anything, incuding

see her, until after she is arraigned. Which might not be till tomorrow.

[stirlingsliver]

67. Texas. The State That Gave Us *

Texas, don't forget, is the state that gave us *.

It has 2 Repuke senators, too.

[seabeyond]

71. i am sorry. i have had my own problems with the incompetence of texas

i have a speeding ticket. paid on it three times, because i received two different letters, two different amounts. the last time they sent my check back that would pay it in full, finally, saying they no longer take checks, money order only. then they lost the ticket. for four or five years i have been carrying a money order for 46 dollars in case i am stopped with a warrant owing that amount. i have renewd license and got a new one cause lost, and still my record comes up clean. but i know.... i know... at anytime it can come up, they can take me to jail and take my kids, if a bug is up the cops ass.

again, i am sorry your wife is experiencing this. i do think it is very wrong.

[Horse with no Name]

74. Just for everyone to see what they house in Texas jails

http://www.tcjs.state.tx.us/docs/Pop2.pdf

NOTICE the first two listed are PRETRIAL class C and A-B Misdemeanors.

[dave29]

78. oh, and our car was towed

even though it was two blocks from the house.

[Horse with no Name]

81. Standard procedure. Unfortunately.

Best advice is to get is as fast as you can before they start accruing storage fees.

[stirlingsliver]

84. They Towed Your Car, TOO??!!

Man, it just keeps getting worse and worse!

Texas is really one messed up state.

It must be like living in Germany in the 1930's.

I hope things work out OK for you in the end.

PLEASE keep us posted.

[meldroc]

75. Your wife's not the first, and won't be the last.

I've had a friend who lives in Texas get ticketed in some stupid redneck podunk town that makes all of it's revenue from speeding tickets, and he had exactly that happen to him - he paid the fine and thought he was done, then a couple years later, a cop from that town showed up at his work, arrested him and booked him over the $10 processing fee that he had no idea existed.

It seems that too many of the authoritarian mindset think that once they catch you doing a little thing wrong, that's license to go to town, fuck up your life and ride your ass for the rest of your life - after all "If you don't like it, don't break the law." Proportionality just doesn't compute with them.

[kerry-is-my-prez]

77. My 76 year old mother almost got dragged off for a ticket - they didn't record that she paid it.

Luckily - she found the receipt after searching for it for an hour or so. They also never sent her a letter at all -she's lived at the same address for about 20 years. This was in Florida.

[Bucky]

82. The surcharge is mostly a boon to some state senator's buddy.

I don't think the state gets more than 70% of it. It's just a little added "fuck you" for those who have trouble keeping up with the high cost of auto insurance.

[Horse with no Name]

85. Actually the state "general fund" gets 99%

It says the Trauma Centers Fund but working for trauma centers...they don't see that money.


http://www.txdps.state.tx.us/administration/driver_licensing_control/drp/drp.htm
Who receives the money collected
Each surcharge collected by the Department under this law will be remitted to the Texas State Comptroller's office on a monthly basis. The Trauma Centers Fund and Texas General Revenue Fund receives 99% of the revenue collected, while DPS receives the remaining one percent for the administration of the Driver Responsibility Program.

[Bucky]

93. So the private collection agency that collects the fees doesn't get one penny?

If 99% goes to the general fund and 1% goes to DPS, then the LLP that actually sends out the collection notices is doing all their work pro-bono. I find that a little hard to believe. Trust me on this--they're cutting a big cut of the action. The surcharge is ridiculously high and doesn't do a thing to cover the actual costs to the state for uninsured drivers.

[Horse with no Name]

96. I have no doubt that they aren't paid

out of the "general fund". It's a lot easier to cover it that way.

[liberalnurse]

89. Do you have proof of insurance now?

For Court? Also, can you pay her bond? You can probably call the jail for the bond amount and get her out now...or wait until the bond is reduce tomorrow.

Sorry this happened. I suspect the fee of a certified letter is the reason on snail mail is sent.

[dave29]

103. unfortunately we were unable to renew our recently acquired insurance

this will be another headache on top of today's mess, but I'm not too worried about that right now. As far as bond, I'm not worried about covering it... they just need to POST IT already.

[dave29]

101. UPDATE: 8 hours in jail, still no bond posted.

The lawyer I am working with says they see people up until 2am. Pretrial services have interviwed her and informed her most likely her bond will be $20.

ha.

[Nickster]

102. Holy Cow! All this over a 20 dollar bond! Damn.....so sorry.

[pitohui]

113. oh for cryin out loud, i hope she is free soon

what a load of crap to put you thru, if texas needs $20 so bad i'll mail it to them myself

[martymar64]

105. Moving back to Calif. is looking more attractive every day.

This is just sick that they have created this Kafkaesque system of surcharges that only serves to enrich the State.
I've said it once, I'll say it again. Texas is beginning to creep me the fuck out.

[Horse with no Name]

107. I have approximately 6 weeks left in this state

before I leave and never look back again.
What is VERY sad is that before the Republicans took it over, it was a pretty great place.
However, it is now the microcosm of what the Bush administration would like to have for the rest of the country.
I have NO DOUBTS whatsoever that they used Texas as a test run to steal the national elections.
Basically, Texas is the crime scene.
My mother has a nice sized home in Arizona. She just paid $65 last month for electricity. I paid $700.
Enough is enough. I will NOT miss this hellhole.
I applaud the ones who will stay and try to bring sanity back.
I just have had enough.

[Joanne98]

106. My son's in prison there. I know about the phone bull shit....

Here are the fucking bastards https://www.correctionalbillingservices.com/

They are headquartered in Toronto and the employess are in the Bahamas. Someone should investigate these CRIMINALS!

[newsjunki]

115. re

wow that's cheap. hope that's the real price

[errorbells]

116. Ugh, indeed

Texas law requires all drivers to have auto liability coverage to pay for
any property damage and injury to others that results from any accidents
they cause. A first offense for driving without insurance can result in a
court fine of between $175 and $350. Subsequent offenses can result in court
fines up to $1,000, license suspension, and impoundment of your vehicle. In
addition, if you are convicted of driving without insurance, you will have
to pay an annual surcharge of $250 to the Texas Department of Public Safety
(DPS) in order to maintain your Texas drivers license. The surcharge remains
in effect for three years, meaning a first offense could ultimately cost you
more than $1,000.


When did the surcharge law go into effect in the state of Texas? How many
years do you have to pay the surcharge?

The Texas Driver Responsibility Program (DRP) went into affect September 1,
2003. Under this program the TX Department of Public Safety (DPS) has two
methods of assessing surcharges. Under the Points System Surcharge, points
are assessed to moving violations classified by TX as class C misdemeanors.
The DPS will assess a surcharge when the driver accumulates a total of 6
points or more on their driving record in a 3 year period. The driver must
pay a $100 surcharge for the first 6 points and $25 for each additional
point. The DPS will do an annual assessment on the anniversary date of the
original surcharge notice. This includes reviewing the driver's history and
determining if the driver still meets surcharge requirement criteria. If the
record reflects the driver had 6 or more points in the previous 36 months,
then the driver must pay the surcharge again. Conviction Based Surcharges
are a second type. Under this system, drivers who receive a conviction for a
major offense (i.e. DWI) will pay an annual surcharge for a period of 3
years from the date of the conviction. The amount of the surcharge will be
determined by the offense committed - i.e. No Driver License is $100 while
DWI 0.16 or greater is $2,000.

[DarkTirade]

117. Something similar happened to me, although thankfully it didn't involve jail time

I didn't even own a car, so I'd never updated my address. No reason to, and no way for me to get to the DMV on top of that. I got a ticket while driving my roommate's car (he had put a blue light around the liscense plate. You're not allowed to have blue lights on a car.). My roommate payed the ticket, but apparently the date they mark the payment as received is when it's actually received, not the postmark date. So my liscense got suspended for a 16 dollar late fee that they never told me about. A few years later, when I'd finally gotten a car, I went to go renew my liscense because it had expired... only to find that it had been suspended for the last three years. I ended up having to pay a crapload of money to get it reinstated, and spent the next few days paranoid as hell every time I drove anywhere because it took a few days to go between the various different offices and get it taken care of.

[gatorboy]

118. They put out a warrant for my wife's arrest for late library books.

Late. Library. Books.

When we went to court, the judge bellowed, "And here comes my most hardened criminal for the day."

I'm surprised their wasn't massive whip-lash in the court considering how quick everyone turned to get a good look at her.

[MissB]

120. LOL!

Tell me the judge laughed after that. Or you wife.

It reads funny, even if it probably wasn't at the time.

[Jed Dilligan]

119. I've only been at the other end of this scenario.

But I remember how hard it was on my girlfriend.

Hang in there, buddy. The system SUCKS. I won't say more than that on the topic of "criminal" "justice."

[FloridaJudy]

138. Criminal Justice?

Now that's an oxymoron.

Wait...we are talking about Texas...

[roguevalley]

121. I am so sorry. This is so terrible. What a trauma for her. Hug her

for us when you see her. I cannot believe I live in America anymore, things are so screwed up.

[dave29]

123. UPDATE: She's Out.

It only took 10 hours for them to figure out what to do with her (and a good criminal defense attorney). I'm just lucky I have a friend that is a lawyer and knows people.

Thanks to everyone for the advice & sharing of similar stories... it helped me survive the day.

She's a bit traumatized, but overall ok. Aside from the humilliation of the full body search and having to wear (no joke) a striped uniform the whole time, she's doing pretty well. Oh, and the constant snoring of her DUI cellmate.

Giving her lots of hugs, and preparing to get this whole stupid mess wiped from her record.

Thanks again all. :hug:

[flying_monkeys]

127. I'm glad she didn't have to spend the night....

Did it end up being a $20 bond? How unreal to imagine anyone can have 10 hours of their Liberty taken away for a $20 bill....


Be nice to her tonight. Do the dishes :)



(What a day for you both!)

[Lisa0825]

132. Great News!!!

Her story could SO easily have been mine (as I described in a post above). I was just lucky that for some reason they didn't seem to find out mine was suspended. I hope she'll get a good night's rest and feel better tomorrow.

[AZBlue]

137. Thank goodness!!

What a horrible day for you both - I'm so sorry!!! Why don't these morons go after murderers and drug dealers and leave you alone??!?

[rasputin1952]

141. I have been following this thread and kept off from posting

until there was some good news...Glad to see she got out relatively quickly.

Some states have draconian laws, and when you add a "by the book" cop people get hurt in the process.

Besides the notion that "additional fees" beyond the fine are absurd, (unless this was a reinstatement fee from DMV to get her license on track), there was no reason for the arrest, a simple "appearance summons" would have sufficed. I am not all that familiar w/TX laws, but it seems a bit ridiculous to spend more in processing and holding her, than they hope to recover in the "fee".
I doubt she would have been considered a "flight risk", and it appears to me the whole thing was a tad absurd considering. But that is the way some look at "law and order".

Once again, glad to see she is home, now pay the fee before she has to go to court, and the whole thing should be dropped...:)

[Horse with no Name]

154. Glad she is out.

Give her hugs and kisses and so sorry that this stupid thing happened to her.

[fidgeting wildly]

156. I'm so glad you were able to get her out.

And so sorry that this happened to you guys.

They got my husband on almost the exact same thing two years ago in Dallas. Same deal, we moved and he hadn't updated his address and so never got this alleged letter. We were shocked! Neither one of us had ever been within 100 yards of a jail before. I had to go down and pay the surcharge, but was able to get him out in about three hours. He laughs about it now, but I still get angry when I think about it.

[roguevalley]

163. this is so good. I am soooo happy for you both.

[SmokingJacket]

124. That's incredibly barbaric.

Best of luck to you both. :hug:

[Eric J in MN]

128. I agree. The cop should have written an appearance ticket...

...not arrested her.

[leftofthedial]

and Karl Rove is a free man

gawd bless a murka

[B Calm]

130. Scooter Libby awaiting to be jailed too.........

[leftofthedial]

129. and Karl Rove is a free man

gawd bless a murka

[TexasLady]

131. This snowball effect is still happening to my son

It started with no proof of insurance. He thought it was all paid off and he moved out of state. A year later he moved back, and it was found that he did not pay it all. His license was suspended, but he never recieved any notification that it was. So throw on a ton more fines.

TWO years LATER, he is still paying out of his 9 dollar an hour job, and has also spent a couple nights in jail, thinking it would pay it off, and he got slammed with yet MORE fines or perhaps surcharges.

This shit never ends, and he stays perpetually broke. He told me he got a lawyer for this week's court date, so hopefully he can put it behind him.

[Supply Side Jesus]

134. This doesn't make sense.

I don't understand why she even needs to see a judge. It's not a felony, and it's not a crime with the element of violence. A bond should be automatic in misdemeanors. It is where I work, and to hold someone for over 12 hours over a DUR is fucking silly.
I do know for a fact those phone services in jails are a racket. You gotta love private enterprise in a public sector. :roll eyes: Unfortunately you will be taken to jail if there is a warrant, and it is not the responsibility of the government to inform you when a warrant is issued. It is your responsibility to fulfill all obligations when you are cited for breaking the law. While it is also your responsibility to provide the government up to date information of your residency if you want to be informed of such developments.
Now if you do not have the money to pay the fine, unfortunately you will sit in jail until you do see a judge. Unfortunately I've seen that go for over a week.
When I was 19 I got cited for uninsured driving. Under colorado law you get your balls busted for 3 years with a so-called sr-22 which proves you are insured. This also gives the insurance agency an excuse to bend you over a barrel. I went through alot of shit over that, but it was because of my doing.
In the end insurance is required for the 'privilege' of driving even though more than likely you'll need a car just to survive in modern america. I always thought a state sponsored insurance policy should be available to low income residents.
Good Luck. Jail is not a plesant place.

[BlueIris]

136. Jesus Christ.

$50?? 48 HOURS? How is that legal?

[selfdestructive]

139. Jail time for not having health insurance is next...

i certainly find this country on it's way down the slippery slope.
sorry you and yours had to go through this.

[Greyhound]

140. Good thing we don't live in some fascist police state. I'm so sorry for her and for you too.

First thing to do, after you spring her, is to start looking for a new state to live in, IMO.

Florida is definitely out, California just loves to put people in jail for the tiniest offenses, although if you're white and have a few bucks you can still buy your way out, but it is very expensive. When I lived in Georgia, they had a pretty civilized outlook, but that was over 15 years ago, so who knows. The east coast is pretty lax, but I'm guessing that as Texans that would probably not appeal.

I don't know, it's getting tough to find liberty in America anymore, but at least we're all very safe.

[usregimechange]

142. Texass Justice!

[LeftHander]

146. Note to self...."another reason to never live in Texas..." nt

[Decruiter]

161. Note to self, "just one more reason to find a way out of Texas ASAP!", nt

[Ganja Ninja]

147. I once had my license revoked for not having insurance.

The kicker is that I had insurance. Get this, I had switched companies and let my old insurance expire. When the old policy expired the company informed the state which then canceled my license for not having insurance. Then the state called my new insurance company and told them I no longer had a license. The insurance company then canceled my new policy.
When I ask the people at the DMV why they would would revoke my license for not having insurance then call my new insurance company and get my new insurance canceled I got a blank stare.

[Up2Late]

149. $50.00 to make a Collect Call!?!? That's total B*llSh*t! When did they pass that "law?"

As to Why? It's "The South!"

That's how "the Rich" keep "the Poor" down. Sounds like an old "Jim Crow" Law that needs to be abolished, but there are dozens of new Laws which I think we need to start calling "stealth Jim Crow" Laws, like this one your wife was caught with.

Sorry, I wish I could help more, but, stay strong. :grouphug:

[TX-RAT]

150. Sounds like there's a failure to appear in her past.

Would explain the arrest.

[Horse with no Name]

151. It is not failure to appear

It is the surcharges.

[TX-RAT]

159. Actually it's a suspended licence.

If surcharges are not payed on time, licence will be suspended.

[Horse with no Name]

160. But you really have to know about them first.

Or do you disagree with that too?

[TX-RAT]

162. The notices are sent first class mail to your last known address.

Effective September 1, 2003, the State of Texas will begin an Assignment of Point System. The points system works as follows:

· 2 points for a moving violation in Texas or another state;

· 3 points for a moving violation in Texas or another state resulting in an accident.

Each year, a surcharge shall be assessed on the license of a person who has accumulated 6 points or more.

· $100.00 for the first 6 points; $25.00 for each additional point;

· $250.00 surcharge per year for driving while license in invalid;

· $250.00 surcharge per year for no insurance;

· $100.00 surcharge per year for no driver’s license.

The Texas Department of Public of Public Safety shall send notification of the surcharge by first class mail. The notice will be sent to the most recent address as show on the records of the department. The notice shall include the due date. Failure to pay the surcharge before the 30th day after the date the department sends notice will result in the automatic suspension of the license.

[snappyturtle]

155. It is an awful feeling not being able to help--been there.

You'll have to play the stupid game and rest assured none of the rules will make any sense. I'm so sorry for you and your wife. One of these days the people will rise up and say, "ENOUGH!" Let us know how this comes out, please.

[MsUnderstood]

157. I had a big scare once

I let a speeding ticket/proof of insurance ticket go (couldn't afford it or fight it) and 3 years later I went to renew my license and was told it was suspended. Of course I had moved during that time I hadn't received a new letter (these letters are not forwarded on).

I Had to drive 4 hours to the court, wait 2 hours to see the judge, and plead guilty to the speeding (judge dismissed the insurance since I provided proof) then pay a huge fee on my birthday.

I was so lucky that in that time between the ticket and the court visit I wasn't pulled over or I would have had my car impounded, , been arrested, etc AND my job requires having a driver's license so that could have been in jeapordy as well.

Sorry to hear your about your wife and I hope you get everything cleared up!