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, 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.
Dallas Habitual Traffic Violator Defense Attorney
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. If you are facing becoming a habitual traffic violator in Dallas County, Denton County, Collin County, Tarrant County, Rockwall County, Johnson County, Wise County, Ellis County, or the surrounding areas, contact The Law Offices of Richard C. McConathy.
Our experienced Dallas criminal defense lawyers will fight to protect your driving privilege and your record. Your first consultation with The Law Offices of Richard C. McConathy is free, so call (972) 233-5700 today to schedule yours.
Texas Habitual Traffic Violator Information Center
- The TxDOT License Point System
- Texas License Suspension Laws
- Dallas County Hearing for Administrative License Suspension or Revocation
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 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 avoiding a situation where your license has accumulated too many points.
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
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.
The Law Offices of Richard C. McConathy | Defense Lawyer for Dallas County Habitual Traffic Violator
If you are facing a designation of a habitual traffic violator and/or a subsequent driver’s license suspension in Dallas–Fort Worth, including Richardson, Addison, Garland, Irving, Grapevine, Arlington, Frisco, or Denton, contact the knowledgeable and passionate criminal defense lawyers of The Law Offices of Richard C. McConathy today.
We will use every possible tool to protect your driving privilege and thus, your quality of life. Call The Law Offices of Richard C. McConathy at (972) 233-5700 or complete an online form today to schedule your free initial case consultation.