While seemingly unserious in many states, traffic violations in Texas are considered criminal infractions, with even the most basic speeding tickets resulting in a Class C misdemeanor and harsher penalties if left unaccounted for. Although they are fine-only offenses, traffic violations can rack up exorbitant fees in major cities like Austin, and paying a traffic ticket in Texas is considered a guilty plea that will appear on your criminal record and add points to your license. With fine-only offenses not guaranteed representation under the Sixth Amendment, many’s first instinct is to pay their fine. While the city of Austin provides an avenue for dismissing traffic violations and employers and background checks will often ignore Class C misdemeanors, there are several circumstances where you may be better off with the help of an Austin misdemeanor defense attorney. If you’re unsure of whether to hire an attorney, here’s a guide on when they can be useful.
Traffic Violations: When To Hire an Austin Misdemeanor Defense Attorney:
In Texas, nearly every traffic violation that would be considered a citation elsewhere is classified as a fine-only misdemeanor such as speeding, failure to stop at a stop sign or red light, or failure to wear a seatbelt. All traffic violations will add two points to an individual’s driver’s license, with violations resulting in a collision adding three points.
While most of Austin’s traffic violations result in fees under $500 and can be dismissed by attending a Driver’s Safety Course (or Motorcycle Operator Training Course for motorcyclists), consider hiring an Austin misdemeanor when:
Ineligible for a Driver’s Safety Course: Several Class C misdemeanor traffic violations are not eligible for dismissal through a Driver’s Safety Course and will therefore result in a criminal record and points added to your license if convicted. Some of these violations include driving over 94 mph or speeding 25 mph over the speed limit, passing a school bus, and leaving the scene of an accident.
A Commercial Driver: There are certain misdemeanor traffic charges that if committed while on duty as a commercial driver, cannot be dismissed with a Driver’s Safety Course and will result in the disqualification (suspension) of a commercial driver’s license (CDL) for repeat offenses. Two serious traffic violations (such as excessive speeding, reckless driving, or improper lane changes) in three years will result in the inability to operate a commercial vehicle for 60 days, while three serious violations in three years will result in a disqualification period of 120 days. An Austin misdemeanor defense attorney specializing in CDL defense can keep a commercial driver’s record clean and prevent them from losing their license.
Unable to Appear in Court or Pay a Fine: While it is not uncommon to forget to pay a traffic ticket or appear at a court date, Texas does not take this lightly and will invoke penalties that may require a trusted Austin misdemeanor defense attorney to manage. Failure to pay a traffic violation or appear in court will not only result in a warrant for arrest but will prevent you from renewing your driver’s license, effectively acting as a license suspension as driving with an out-of-date license constitutes a Class B misdemeanor with potential jail time. If you have all intentions of paying your fine but cannot afford to do so, the court can provide you with a Statement of Inability to Pay which, if approved, can grant an individual a reduced fine, payment plan, or an alternative sentence such as community service.
Facing High Insurance Rates or a Suspended License: With how common certain traffic violations can be, it is not unlikely to be faced with multiple violations in a short period of time. With a single violation raising insurance premiums as much as 10 to 15 percent (often equating to over $100 in additional monthly fees) hiring a defense attorney can save thousands of dollars in the long run, especially for those with already high premiums from preexisting convictions. While less common, you will run the risk of having your license suspended if you are convicted of four traffic violations within 12 months or seven violations within 24 months.
Sources:
http://www.dwiguru.com/criminal-defense/class-c-misdemeanors/
https://www.dwilawyerstexas.com/austin-traffic-ticket-lawyer/
https://www.traviscountytx.gov/justices-of-peace/jp1/court-costs
http://www.moonlawfirm.com/moving-violations
https://www.dps.texas.gov/section/driver-license/failure-appearfailure-pay-program
https://www.dps.texas.gov/section/driver-license/commercial-driver-license-cdl-disqualifications
https://www.dps.texas.gov/section/driver-license/traffic-offenses