Habitual Traffic Violator

Having multiple traffic violations in Texas can do more than send your insurance rates through the roof—it can cause you to be considered a habitual traffic violator. A designation of habitual traffic violator can not only be used against you in court when considering whether you’re at risk for repeat offenses of any kind, but it can also cause you to have your license suspended.

Working with an experienced traffic defense lawyer can fight to help you avoid a habitual traffic violator designation and keep your driving privilege.

Habitual Traffic Violator

Habitual Traffic Violator Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

Texas is a state dominated by open highways and personal transportation, and having that taken away can be extremely detrimental to your quality of life. 

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

The TxDOT License Point System 

In order to keep track of the number and severity of moving violations, Texas has developed a point system attached to your Texas driver’s license. A moving violation is defined by Title 37 of the Texas Administrative Code as any act committed in connection with the operation of a motor vehicle on a public street or highway that constitutes a hazard to traffic and is prohibited by the city ordinance or state law.  

Whenever you commit a Texas moving violation such as speeding or failure to stop, a specific number of points are added to your driver’s license; for example:

  • For every moving violation you commit in Texas, two points are added to your license
  • For every moving violation you commit in Texas resulting in an accident, three points are added to your license

Once you have six points attached to your driver’s license, you will have to pay a surcharge and may face a habitual traffic violator designation as well as the penalties that come with it. It is wise to consult with an experienced DFW traffic attorney any time you receive a ticket in order to explore your options in avoid a situation where your license has accumulated too many points.

Texas License Suspension Laws

The guidelines the Texas Department of Motor Vehicles follows to determine if a license should be suspended are defined in Texas Transportation Code §521.292. Generally, a habitual offender as mentioned in these guidelines is someone who has been convicted of four or more moving violations in one year or seven or more moving violations in two years.

Consider using an experienced Dallas traffic law defense attorney if you think your driving privileges are threatened by a violation of any of the following guidelines for suspension:

  • A habitual violator of the traffic laws
  • A habitually reckless or negligent driver
  • Someone who has permitted the fraudulent or otherwise unlawful use of his or her driver’s license
  • Someone who has been the at-fault party for any accident resulting is severe personal injury or serious property damage
  • Someone who has driven on a highway while his or her driver’s license was suspended, canceled, disqualified, or revoked
  • Someone who has driven on a highway after his or her application for a driver’s license was denied
  • Someone who has been convicted of two or more separate violations of a driver’s license restriction
  • Someone who has committed an offense in another state or Canadian province that would be grounds for suspension in Texas

Dallas County Hearing for Administrative License Suspension or Revocation

According to Texas Transportation Code Ann. § 724.041, any individual who has received an administrative suspension or revocation of their Texas driver’s license can request a hearing at the Department of Public Safety. This request must be made in writing and submitted to the Texas DPS within 15 days of administrative suspension or revocation notice. This request does not waive your driver’s license suspension or revocation, which will remain in place until such time as your suspension or revocation is canceled.

Once the administrative hearing request is properly and timely submitted, the State Office of Administrative Hearings must provide a hearing of your case before an administrative law judge before the suspension or revocation effective date. This will not be before the eleventh day after you have received your administrative suspension or revocation notice; generally, it occurs 40 days after such notice.

The decision the administrative law judge makes to stay the suspension or cancel it is final. An experienced Dallas County criminal defense lawyer for traffic offenses can help you fight in this hearing to overturn your administrative driver’s license suspension or revocation and keep your driving privilege.

Find A Dallas County Defense Attorney for Habitual Traffic Violator Charges | Law Offices of Richard C. McConathy

If you are facing a designation of a habitual traffic violator and/or a subsequent driver’s license suspension, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

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