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(281) 587-1111
(281) 587-1111
December 9, 2024 by Greg Baumgartner
Traffic tickets in Texas have significant consequences that can impact your driving record insurance rates and even lead to criminal charges. Understanding the different types of violations, the associated penalties, and how to address a citation is crucial for drivers across the state. This article provides an in-depth look at what every Texas driver needs to know about traffic violations.
Texas traffic laws are designed to maintain safety on the roads, and violations of these laws are classified into two main categories: moving and non-moving violations.
Moving violations occur when a driver violates traffic laws while in motion. These violations are more serious than non-moving ones and often have harsher penalties.
Exceeding the posted speed limit is one of Texas’s most common moving violations. Speeding can result in fines, points on your driving record, and increased insurance premiums.
involves operating a vehicle with willful disregard for safety. This can include excessive speeding, weaving in and out of traffic, or tailgating. Reckless driving is considered a misdemeanor in Texas and can lead to jail time, fines, and license suspension.
Ignoring traffic signals is a serious violation that can lead to accidents. In addition to fines, this violation adds points to your driving record, which could eventually result in a suspended license.
Driving while under the influence of alcohol or drugs is one of the most severe traffic violations. A DWI conviction carries heavy penalties, including license suspension, fines, mandatory alcohol education programs, and possible jail time.
Non-moving violations occur when a vehicle is stationary, such as parking violations or equipment failures.
Expired Registration-
Operating a vehicle with an expired registration is a common non-moving violation. Drivers can face fines if caught driving without up-to-date documentation.
Parking Violations-
Illegal parking, such as parking in a fire lane or handicapped spot without proper authorization, can result in fines and vehicle towing.
Failure to Display License Plates-
Texas law requires both front and rear license plates to be properly displayed. Failure to comply can result in a citation.
The penalties for traffic violations vary depending on the severity of the offense and whether the driver has previous violations on their record. The Texas Department of Public Safety (DPS) uses a point system to track violations, and accumulating too many points can result in further consequences.
Most traffic violations come with fines ranging from $25 for minor infractions to thousands of dollars for serious offenses like DWIs. Fines often increase with each subsequent offense, and certain violations may also require additional surcharges.
Texas uses a point system to penalize drivers for moving violations. Each moving violation adds points to your record:
– 2 points for any moving violation
– 3 points for a moving violation that results in an accident
If you accumulate six or more points within three years, the state will impose a surcharge of $100 plus $25 for each additional point. Excessive points can lead to a license suspension.
Serious traffic violations, such as reckless Driving, DWI, or multiple speeding tickets, can result in your driver’s license suspension or revocation. The suspension duration depends on the offense’s nature and whether it is a repeat violation. In some cases, you may be eligible for an occupational license, which allows you to drive to work or school during the suspension period.
One of the most significant consequences of traffic violations is the impact on your car insurance premiums. Insurers view traffic violations as risk indicators and even minor infractions can result in higher rates.
Minor Violations-
Minor violations, such as speeding ten mph over the limit, may not cause a drastic increase in premiums, but repeated offenses can add up.
Major Violations-
Major violations, such as reckless driving or a DWI conviction, can substantially increase your insurance rates or even cause policy cancellation.
Accidents-
If a violation results in an accident, your insurance rates will almost certainly increase, as insurers will classify you as a high-risk driver. Or they may drop you as a customer. Then, you will need to find a high-risk insurer – usually at a high cost for less coverage.
If you receive a traffic ticket in Texas, you can pay the fine, contest the ticket in court, or take a defensive driving course to dismiss the violation.
Paying the fine is the simplest option, but it comes with consequences. By paying the ticket, you are admitting guilt, and the violation will appear on your driving record, potentially leading to higher insurance premiums and points on your record.
You have the right to contest any traffic violation in court. If you choose to contest the ticket, you will need to appear before a judge or jury, depending on the severity of the violation. Hiring an attorney specializing in traffic law may increase your chances of successfully fighting the ticket. Traffic courts notoriously set so many cases on one date that they can’t handle. Getting a traffic ticket attorney can help get your case dismissed. However, you will need to appear in court in person.
For minor violations, the court may allow you to complete a defensive driving course to dismiss the ticket and prevent it from appearing on your record. However, this option is not available for all violations, and you must meet certain eligibility criteria, such as not taking a course within the last 12 months.
Receiving a traffic violation can be stressful, but knowing what to do next can help minimize the impact on your driving record and insurance rates.
Review the Ticket- Carefully review the ticket for details about the violation, including the court date and response instructions. Make sure all the information is accurate.
Decide How to Respond-
Determine whether you want to pay the fine, contest the ticket, or take a defensive driving course. Remember that failing to respond by the deadline can result in additional fines or a warrant for your arrest.
Consult an Attorney-
If you are facing a serious violation, such as reckless driving or a DWI, it may be wise to consult a traffic attorney. An attorney can help you navigate the legal process and potentially get the ticket dismissed or reduce the penalties associated with the violation.
In Texas, if you were at fault for a car accident and someone else was injured, they may make a claim against you. Your auto insurance company usually handles these cases. Here is how a ticket can affect a personal injury claim.
If you plead guilty and pay the ticket, in some instances, this can be an admission of legal responsibility and used against you in proving negligence.
If you plead “no contest” and pay the fine, such a plea is not considered a legal admission of negligence.
If the ticket is dismissed, the fact you got a ticket will probably not be admissible in a lawsuit. Yet ticket dismissal will not impact a personal injury claim by others.
Preventing traffic violations starts with understanding and following the rules of the road. Here are a few tips to help you avoid traffic tickets and stay safe on Texas roads:
Obey Speed Limits-
Always pay attention to posted speed limits and adjust your speed for road conditions, such as heavy traffic or inclement weather.
Use Turn Signals-
Proper signaling before turning or changing lanes can help prevent accidents and avoid citations for improper lane changes.
Avoid Distracted Driving-
Texas law prohibits texting while driving, and using a handheld device can lead to a citation. Stay focused on the road to avoid accidents and violations.
Stay Sober-
Never drive under the influence of alcohol or drugs. Plan and use a designated driver or rideshare service if you’ve been drinking.
Understanding Texas traffic laws and the consequences of violating them is essential for any driver. Traffic violations can result in fines, points on your record, increased insurance rates, and even license suspension. By knowing your options and taking steps to prevent violations, you can maintain a clean driving record and stay safe on Texas roads.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
(281) 587-1111
Related Resources:
How a Traffic Ticket Affects a Personal Injury Case
Common Out-Of-Service Violations of Semi-Trucks
What is the Move Over/Slow Down Law in Texas?
Liable Parties in a Houston Truck Accident
Resources:
Texas Department of Public Safety
Texas Defensive Driving Programs
Texas Department of Motor Vehicles
Insurance Institute for Highway Safety
Texas Municipal Courts Education Center
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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