TRAFFIC LAW

At the scene of a traffic incident, police officers evaluate the cause. The driver who is mainly at fault will receive a citation. However, this driver may not be fully responsible for all resulting damages. The other driver involved might also share some of the blame. For example, if one driver was exceeding the speed limit while another ignored a stop sign, both are at fault. Yet, the one who ignored the stop sign is usually considered the primary cause and will be cited.

Not receiving a citation doesn’t mean no one was at fault. It could mean that the situation wasn’t clear enough for a criminal charge.

• Get an estimate for car repairs or have the insurance adjuster inspect the damage.
• Choose the repair shop you prefer.
• The at-fault party can’t force you to get repairs, although insurance companies might pay the repair shop directly. If you decide against repairs, you have the right to take legal action.
• It’s wise to seek legal advice before you discuss the incident with insurance representatives.

You’re entitled to repair your vehicle at the shop of your choice unless the cost of repairs is more than the car’s worth. If your car is deemed a total loss, the insurance company will compensate you for its scrap value.

The insurance of the at-fault driver should cover various expenses, including:

• Medical expenses
• Property damage
• Towing charges
• Rental costs or compensation for loss of use
• Lost wages
• Compensation for pain and suffering

• Drivers turning left must yield unless they have a clear signal to go.
• Drivers leaving parking spots must yield to oncoming traffic.
• U-turns are not allowed at intersections with a no U-turn sign.
• If you rear-end someone, you’re usually considered at fault for not keeping a safe distance or not controlling your speed.
• Drivers backing up must yield.
• Every driver has a duty to try to prevent accidents by taking safe, evasive actions.

• By state law, you have at least 10 days to enter a written plea in court. The time limit is stated on the ticket. If you need more time, request an extension.
• Do not lose or forget about your ticket.
• If you neglect the ticket, you could be arrested later for Failure to Appear in court.

If there is a mistake on the ticket, such as wrong license number, spelling of your name, your gender, the date, car make or year, the ticket can not be automatically dismissed. If numerous things are incorrect, you could plead not guilty and attend a trial. If the officer fails to identify you in court or if the jury believes that the officer made so many mistakes on the ticket that he must have been mistaken about the offense as well, then you may receive either a dismissal or an acquittal. Ask the court clerk for a copy of the complaint filed by the prosecutor. Errors made on the ticket could be corrected on the complaint.

Pleas you may enter in court are Guilty, Not Guilty, and No Contest. No Contest or Nolo Contendere means that you do not admit any guilt, but you do not want to contest the ticket by a trial. The fine is the same as entering a Guilty plea. Unless you plead Not Guilty, the No Contest plea should always be used when the ticket was due to an accident in order to avoid admission of fault for the accident with civil liability for monetary damages.

1. Attend a defensive driving course. If you have not completed a course in the preceding 12 months, you may enroll after approval by the judge. The six hour class costs $25 or more. The ticket will be dismissed with no fine assessed. However, court costs are approximately $110 or more.
2. Go to trial. You can represent your self pro se. Consider retaining an attorney. You can choose a trial by a judge or jury. Contact Student Legal Services for more information.
3. Pay the ticket.  The violation will be noted on your driving record at the Department of Public Safety. Annual surcharges by the D.P.S. may apply.

Being convicted for a traffic citation does not automatically increase your vehicle insurance premiums. If you pay several tickets in a twelve month period, the insurance company may refuse to renew your insurance. "Several" can mean any number greater than two. When initially applying for insurance, your record can be used to set the initial rate. The Department of Public Safety assigns drivers two (2) points for each traffic conviction.  Points accumulated by traffic ticket convictions remain on your driver's record for three years.  Drivers who accumulate a total of six (6) points in a given three year period will have to pay a surcharge of $100.00 annually.  Failure to pay this surcharge could result in your license being suspended.

• The court will issue an additional criminal charge for "failure to appear". A notice will be mailed to the address on your driver's license. This second charge is usually more expensive than the original traffic ticket.
• If you fail to respond to the notice about the "failure to appear", the Judge then issues a warrant for your arrest. (Note: a "failure to appear" is not mandatory before a warrant can be issued.) A warrant issued on a ticket given in any Texas county can and will be served statewide. Tickets given in another state will not result in a warrant served in Texas.