Class C Traffic Tickets: What is the law, what are your options, and what should you do?
What is the law?
In Texas, traffic tickets are almost always Class C Misdemeanors. This is the lowest criminal punishment level in Texas and comes with the lowest penalties. If you are convicted of a Class C misdemeanor, the Court could make you pay up to a $500 fine but cannot sentence you to jail.
Common traffic violations that are Class C Misdemeanors include speeding, failure to signal, failure to maintain liability insurance, and driving with an invalid license.
The ticket that you receive from the officer at the end of the traffic stop is technically a summons to appear in court on a specific date. The courts that have jurisdiction over traffic violations are generally either the Municipal Court if issued by the local police department or the Justice of the Peace (JP) Court if issued by the County Sheriff’s Office.
After you have received a traffic ticket, you have a choice to plead guilty and pay a fine, negotiate with the prosecutor for a better deal, or set the case for trial. Before you make this decision alone, you should consider the additional consequences of pleading guilty to a traffic citation.
Court Costs
In addition to whatever amount the court sets your fine at, the law requires Courts to collect “Court Costs” to cover administrative costs related to your case. This means that you could come to court prepared to pay just the fine but be completely surprised by the total amount of money that you will pay out of pocket once all the court costs are applied. These costs will add up if you received more than one traffic ticket. The presiding judge might be willing to waive these Court Costs if you can prove that you do not have the ability to pay and if you provide the court with an alternative such as agreeing to complete community service.
Insurance
If you plead guilty to a traffic violation, your vehicle insurance premiums might increase. Your conviction, even for a Class C traffic violation, is public record and insurance companies check these records regularly to see if they can justify increasing your premiums. For many people, especially those of us who are just barely getting by financially, even a small increase in car insurance premiums is a big deal.
Driver’s License Suspension
Depending on your driving history, your license could be suspended after pleading guilty to a traffic ticket. For example, if you have had 4 moving violations in the last year, DPS can suspend your license and you will have to pay a $100 reinstatement fee to get it back. There are many additional reasons why the State could suspend your driver’s license after a traffic ticket and the only way to get your license back in most cases is to pay more money and spend more time away from your family and work.
Failure to Appear
Additionally, if you do not appear for the court date printed on your ticket, the Court could charge you with Failure to Appear. This charge is also a Class C misdemeanor for which the Court can impose an additional fine and also issue a warrant for your arrest.
Commercial Driver’s License
If you hold a Commercial Driver’s License (CDL), a traffic violation can result in a suspension of your CDL. This is true even if you get a ticket while driving your personal, non-commercial vehicle. You could not only lose money by paying for your ticket but you might also miss several weeks or months of work as well.
Enhancement to a Class B Misdemeanor
In certain cases, your traffic ticket can be increased from a Class C misdemeanor to a Class B Misdemeanor. One example is if you receive a citation for “Driving With License Invalid” (DWLI) and have had a previous conviction for the same violation. If this occurs, you can be arrested on the spot and booked into the county jail where you will have to pay bond to be released. Also, your car will likely be towed and impounded and you will have to pay more fees to get your car back. After all of this, you will still have to resolve the criminal case. Class B misdemeanors come with a punishment range of up to 180 days in the county jail and up to a $2,000 fine. Even if it is the first time you have been ticketed for DWLI, it might be worth it to avoid a conviction in case you get stopped for this same violation later.
What are my options if I have traffic tickets in Texas?
If you qualify, you can ask the Court to place you on Deferred Disposition. This means that you will plead guilty to the judge for the traffic violation but the Judge will delay (defer) entering your guilty plea into the record. If you fulfill your promise to the court to pay all fines and complete all of the other conditions the Judge asks you to do, the Judge will not enter a final plea of guilty and you will not have a conviction on your driving record. If you are under the age of 25, the State requires you to take a Driver’s Safety Course as a condition of receiving Deferred Disposition. Please note that if you hold a Commercial Driver’s License you are not eligible for Deferred Disposition.
What should you do?
It is possible that you could save money by hiring an attorney to resolve your traffic tickets for you. This is especially true if you have many citations across several counties or have a job that will not allow you to take time off during Court hours. A seasoned attorney will make sure you pay the least possible amount in fines and court costs, can possibly keep the ticket off of your driving record, and save you time and money by not having to make multiple court appearances yourself. Please consider Carter Criminal Defense if you need representation for a traffic ticket.