Speeding ticket convictions are one of the most common reasons that we see when it comes to driver license suspensions in Texas. The name of the game in today’s electronic reporting world is to keep a clean record at all costs. This article explains some of things that can be done by our speeding ticket attorneys in Garland to protect your record. Please contact us right away if you are concerned about protecting your license and driving record after receiving a speeding ticket.
Speeding Ticket Convictions, Points And Suspended Driver Licenses
Many people don’t realize that paying off speeding tickets causes a conviction on their permanent record.
- Did you know when a conviction drops off your record when you pay off a speeding ticket? The answer is never. It remains there forever. The conviction can cause serious damage to your driving record due to State monitoring of your record. We have filed hundreds of requests for occupational driver licenses in Dallas County for speeding ticket convictions that have caused a suspension of a person’s driving privileges. You have to treat your driving record with care. That is where an experienced speeding ticket attorney in Garland can assist you.
- Did you know that 2 moving violations in a 3 year period could cost you an extra $240 – $360 a year in insurance premiums? Did you know that too many moving violations could cost you an extra $100.00 per year in surcharges? Did you know your license could be suspended and your ability to drive taken away from you? Did you know all of this could be done by first class mail?
Garland Speeding Ticket Attorney
How Speeding Tickets Cause A Suspended License
A driver license will automatically be suspended if an individual is convicted of:
- Four or more moving traffic violations within a 12-month period, or
- Seven or more moving traffic violations within a 24-month period.
Individuals who have been convicted of at least two offenses for a violation that conflicts with a restriction or endorsement printed on their driver license are also subject to a suspension or disqualification.
Texas implemented the driver responsibility program in 2003. This program attaches points to each moving violation that goes on a person’s permanent driving record. The points are what cause the suspension. The points are what need to be avoided when you get issued a speeding ticket. The fees associated with points are as follows:
Individuals who have six or more points on their driver record are assessed a surcharge every year they maintain six or more points. Surcharges amounts are:
- $100 for the first six points on a driver record.
- $25 for each additional point after six.
- garland speeding ticket lawyer
- garland speeding ticket lawyer
Most speeding tickets will accrue 2 points per violations. In some cases, 3 points will be assessed to the violation. As one can see, it doesn’t take many speeding tickets in Garland to cause surcharges.
These same points are used to suspend a person’s driving privileges as well. If a person gets over 5 points in a year, then DPS will send that person a notice of suspension of driving privileges. If the notice is ignored or not objected to, then the suspension becomes automatic. The suspension lasts for a full year.
Texas DPS Points System
Garland Municipal Court is required to report all speeding ticket convictions to The Department of Public Safety. This reporting requirement has been in place since September of 2003 in response to the Legislature’s directive to all municipal courts to keep better track of the convictions in an effort to punish high risk drivers as well as suspend the license of those who are habitual offenders.
Points are assessed for traffic convictions. Once the conviction has been added to the driver record, points are assigned and remain on the driver record for three years from the date of conviction.
- Two points are assessed for a Texas or out-of-state traffic conviction.
- Three points are assessed for a Texas or out-of-state traffic conviction that resulted in a crash.
NOTE: Points are not assessed for individuals who take defensive driving.
Individuals who have six or more points on their driver record are assessed a surcharge every year they maintain six or more points. Surcharges amounts are:
- $100 for the first six points on a driver record.
- $25 for each additional point after six.
Speeding Ticket Defense Strategies In Garland
Speeding Ticket Lawyer In Garland
One of the first thing a speeding ticket defense attorney does to protect their clients is to plead the client “not guilty.” By pleading the client not guilty, it preserves a speeding ticket lawyer’s ability to contest the case based on procedural deficiencies that may be present in the case. Thereafter, a speeding ticket lawyer in Garland can begin to develop the case to formulate a valid defense. If no defense is available, then in most cases a Garland speeding ticket attorney will negotiate a deal with the prosecutor to attempt to keep the speeding ticket off the client’s record. This deal may mean that the client not get any new tickets and pay a deferral fee to the court. However, in exchange for these conditions the case will not be reported as a permanent conviction on the client’s driving record.
In essence, you need to take the time to discuss your case with a Garland speeding ticket attorney before you decide what option is best for you. If you would like to discuss your speeding ticket in Garland with our experienced lawyers call us today at 214-321-4105.
Steps Our Attorneys Can Take To Defend You Once A Garland Speeding Ticket Has Been Issued
Depending on the circumstances of your speeding ticket in Garland, an attorney can take many different routes to protect your driving record. In some cases an attorney will plead you not guilty and suggest that you set your case for trial. In other cases an attorney will recommend that you plead not guilty and try to resolve your case at a pre-trial hearing. Every case is different. This is why it is important to outline in the beginning exactly what your goals and expectations are with your speeding ticket lawyer in Garland so they can match those goals with their strategy. Communication is key with your speeding ticket lawyer in Garland. Once you and your speeding ticket attorney are on the “same page,” that is when the attorney will start to work towards those goals.
The first step in the process is for your speeding ticket attorney to attend a pretrial hearing on your behalf. This hearing is an initial setting that allows the attorney to review the ticket, the complaint and any other information available from Garland Municipal Court. In most cases, the video will not be present at this hearing. A separate motion for discovery must be filed to obtain the video. If you would like a copy of the video for your speeding ticket, make sure you discuss the steps and cost to do so with your Garland speeding ticket attorney.
If the case is solid against you, it then becomes the Garland speeding ticket lawyer’s responsibility to negotiate a deal to protect your permanent driving record. Deals can range from deferred adjudication to driver’s safety depending on the circumstances. Every case is unique in the way a speeding ticket attorney will negotiate the outcome. Circumstances play a big role in a speeding ticket attorney’s ability to negotiate. If you would like to discuss the specifics of your speeding ticket with our Garland ticket attorneys, please contact us right away.
How Can I Avoid a Speeding Ticket Conviction in Garland?
There are just a few steps that need to followed to successfully avoid speeding ticket convictions in Garland, Texas. First, don’t argue with the police officer. We had a trial this week where the client argued with the police officer on a case that was really 50/50 as far as the facts were concerned. The jury was so turned off by the attitude of our client that they held it against him during their deliberations. Regardless of whether or not you agree with the Garland speeding ticket, keep calm and don’t argue. Take mental notes of the situation and errors made so you can discuss them with your lawyer. However, don’t share your playbook with the opposition. If you point out errors the cop made, he will be more receptive to fixing those errors or have time to think about how to address them at trial. Keep the element of surprise on your side.
Second, never give your plea of “not guilty” until you are completely satisfied with the result of your case. Your plea of “not guilty” protects all of your constitutional rights in Garland Municipal Court. Without it you are at the mercy of the court. If you hold on to your plea, it gives you the most leverage to work towards the best possible outcome for your case. This may not be a dismissal. But it could result in a substantially reduced offer to keep it off your record. Take the time to discuss your plea and how to approach your case with an experienced Garland speeding ticket lawyer.
Legal Versus Factual Dismissals
We probably spend more time explaining the difference between legal and factual dismissals to clients than any other issue. Many people think that they can simply walk into a court and tell their side of the story to the nice prosecutor and that person will believe every word they say and stamp their case dismissed. We have represented clients like this in the past. They are the people who say, “I could have got that case dismissed myself.” They are the same people that end up pissing off the prosecutor so badly that the prosecutor ends up taking all offers off the table and ensuring that the person is convicted of the offense. The advice tip here is to know that the prosecutor is not your friend. You are innocent until proven guilty. However, the prosecutor thinks you are guilty and has been hired by Garland Municipal Court to prove it. So, how do you convince them otherwise?
Legal Dismissals
Start by understanding that the pre-trial hearing that you first attend is not for you to tell your side of the story. In fact the prosecutor could care less about your story. Unfair? Maybe. Efficient? Very! The pre-trial hearing is to determine if there is a legal basis for the charges and whether or not there is a legal reason for dismissal. A legal dismissal is one that requires the court to dismiss the case regardless of the facts. For example, you get to court and they do not have a copy of the complaint that is required by law to be provided to you after a plea of “not guilty” has been entered. Legal reasons for dismissal are based on problems with the case that cause the case not to be proper to go forward to trial.
So, when your lawyer attends the pre-trial hearing and determines that the case is legally sufficient, then don’t scream at him saying “I told you that they clocked the blue car and mine was red!” That is not what the hearing was for. The facts are not relevant at this stage of the case. The only issue that need be resolved is whether or not the case was filed properly to proceed to trial.
Factual Dismissals
Factual dismissals are based on those stories you love to tell your friends and lawyers about how “wrong” the officer was and how you were improperly issued a ticket. Stories like, “I couldn’t have possibly been going that fast” and “I was going with the flow of traffic.” The problem with these stories is that they are not sufficient to dismiss a case unless a jury or judge hears the facts on the date of your trial and finds you not guilty.
Trials In Garland
Trials are time and money suckers. Many of our clients are faced with the problem of having a good set of facts, and a bad cost benefit analysis when it comes to the amount of time and money it will take to invest in the trial. In Garland Municipal Court, we offer three different types of trial settings for our clients:
Plea or Dismiss Option – This option we commonly refer to as “playing chicken with the cop.” If the cop does not appear at the second trial setting and you do then you may have just beat the system. The prosecutor will not allowed to reset your case, and it will be dismissed.
Trial Before The Judge Option – This option is exactly as it sounds. You try your case before the judge of the court. However, judges can be a tricky group. Many are motivated to make money for the city or were prosecutors themselves before becoming judges. Buyer beware with this option.
Trial Before The Jury Option – This is probably the most pure of all options. You get to tell your story to 6 members of the community in an effort to convince them that you were improperly cited. This is where people that say, “I could have done that myself” are completely wrong. We have seen plenty of experienced attorneys mess up a solid case in front of a jury. It is a delicate skill. However, if you are brave and persuasive, this is always your best option.
How Do Speeding Tickets Impact My Driving Record?
Did you know that if you are issued one speeding ticket a year, at the end of the third year you will be required to pay $150.00 a year to Texas DPS or have your license suspended as a result? In Garland, Texas as active as the police force is, that is not hard to do. This is why so man people end up with a suspended license and not really understand how or why. You must retrain yourself to think that every traffic ticket is important. Every ticket must be kept off your record. And you must be willing to fight to ensure that your record remains clear. Most attorneys can be hired for half of just one surcharge penalty. Don’t be penny wise and pound foolish when it comes to your driving record. Take the time to consult a lawyer.
Increased Insurance Rates For Speeding Tickets
Did you know that insurance rates can increase due to a bad driving record in the amount of $30 – $50 per month over a 3 year period? Many people overlook this result of a bad driving record as well. The amount of money to hire a lawyer is usually about $75.00. Result of not hiring a lawyer can cost you $1000.00 over 3 years. Don’t play with your record. Send us a message or give us a call right away.
Did you know that if you get 4 convictions in a year that your license is mandatory suspended for a full year unless contested? Our Garland traffic ticket lawyers represent people every day on suspended license issues for this reason. Most of the time it occurs as a result of paying off a bunch of tickets at one time. Not that the person actually receives the violations all at once. However, we have seen it happen like that as well. The person runs into a little cash, usually as a result of income tax money and runs to the court to pay off the tickets. Next thing they know they are suspended and calling our office to spend more money. We are hired because we save our clients money. This money may not be at the court house steps, but it is in other ways that are related to the convictions courts can hand down. This is why it is important to think about consulting a lawyer for speeding tickets in Garland when they are issued.
