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  1. #1

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    Tx surcharge is a rip off.

    Jurisdiction / State: Texas

    Is there anything I can do to fight the Texas surcharge law?
    This is such a scam. A person has to pay the fine more than once. I got a no insurance ticket because I didn't have a current copy of my insurance card.
    I work out of town and was leaving the country for a week and I knew I needed to take care of this before I left. So I called the court clerk and asked if I could email a copy. So they gave me an email address and I sent it to them.
    I called back up there asking if they got it and she told me no. So I resent it 2 more times. By this time they were closing. She told me if I sent it she would get it the following week and take care of it.



    When I came back it had went into a warrant & I didn't know it. Anyway I got stopped and got arrested and was hauled to jail. To get out of jail I had to pay the ticket. Well I payed it and got out and they send me a surcharge notice. I called and told them I had proof I had insurance at the time and they told me I will still have to pay the surcharge. I have had so many surcharges and can't even get a license now for a while.
    It's not right to have to pay this when I was not guilty.
    Is there anything I can do to help stop this scam? Get a bunch of people to sign a petition or something like that? I have wrote my congress person before and have even asked the judges before. Nobody can tell me anything about it. I just want to get my license back and be legal again.

  2. Super Moderator Samaritan & Scholar
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    The one way to avoid being ticketed for NO AUTOMOBILE INSURANCE is never to allow your policy to lapse.

    You did what the law allows, pay their demands for tribute.

    Your fatal mistake is curing this problem was relying on email communications.

    Sorry, pal, email is an unrecognized form of communication in most of these United States.

    Now, had you sent your correspondence by US MAIL, FedEx, UPS, or some other carrier that provides PROOF OF DELIVERY; we might not be having this discussion.

    Anyway, your only way to REPAIR all of this is give the state the LOOT they demanded, and sit in the penalty box.

    Oh, yeah, you'll also be gouged by the auto insurance carriers AFTER you're allowed to leave the penalty box.

    The elected rabble that LORD over us are far worse than dictators and royals ever were.

    Sorry, this mistake will cost you dearer than you know.

    The elected rabble will keep you paying for years to come!
    U C a physician 4 your medical issues. U should C a lawyer 4 your legal issues!

  3. #3

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    the way I view the surcharge law is this, you went to court and the court assessed your fees? if you they informed you of the possible surcharges, and you didn't agree to it, but plead guilty, then you are required to pay the fees. However, if you plead not guilty, not informed of the possibly surcharges, then you shouldn't have to pay the surcharges. I also view these surcharges as a way a double jeopardy as you are essential getting punished twice for the same offense, the first being the court conviction. As you are in Texas, and it was financial responsibility surcharges, it falls under Trans. Code Sec.708.103, and they only apply to certain sections of the code. I would go back to the court house and see the language of the complaint to see what section you were convicted of and see if a fine was prescribe there for your situation. However, remember, the Department of Public Safety of the State of Texas controls the rules and regulations of Licenses, if you want what they give you, you must do want they require you to do!! If you want some more possible ways to fight this, let me know and send me your court documents. I am not a lawyer, however, I have a passion for helping people at no cost.

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    How can I email you? I'd like some advice about this surcharge law. My email is <removed>.

  5. #5
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    1. I hate to inform all of you, Army Judge is right on target with a little bit of sarcasm as to how it works. The tone is because that's how it works. I remember the first time I was ever in court for a traffic ticket many, many years ago. The prosecutor was practically joking and kept saying "we'll reduce the points to zero but you'll have to pay the fine because the county needs the money." I was lucky to beat my ticket as I had a great defense but was prepared to pay the county in a deal, potentially, in order to just make sure I would be able to avoid points. My "beating" the ticket ended up being pleading guilty to a minor infraction of no consequence and paying the smallest fine. I was the lucky one. City Hall itself was where the elected rabble decided this would be standard practice.

    2. You don't have to be personally informed of a surcharge. When it passes into law, you are considered officially notified. Ever hear of the saying "ignorance of the law is no excuse?" I'm not so sure that it's actually true on a moral level but ignorance of the law will certainly not be excused when it comes to paying the elected officials or much else. Trust me, if there is a constitutional violation then you'll find some attorney who will take it up and look for the monetary opportunity to fight for your rights.

    Regarding email, we generally don't have it posted for the safety of our users and may or may not be removed when its seen. If you have an issue or thoughts about contacting others, contact support. Otherwise, most questions can be answered here and it's the best place to make sure that no potentially inappropriate advice or recommendations are made privately that might be confused as an attorney-client relationship.
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

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  6. #6
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    If I already paid my surcharge then why do I have to pay it again?

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    Generally you will get the chance to bring your copy of your insurance in. Note I said bring it to the clerks office and it might be dismissed. If you use certified mail, make sure you follow up with a phone call to verify. Any other infractions, like DWI, trust me, you have to retain a lawyer to get your license back. You have to meet with the DPS I think within 14 days from arrest to return your license. I did that once and got my license returned, still suspended, but no surcharge. Thats the only way I have ever gotten out of a surcharge. There is also the indigent program if you qualify. Those signs that say DWI-you can't afford it! You better believe it. It's to teach people a lesson. Hit em where it hurts. I hate it too. It was my fault though.
    Last edited by megga1; 09-29-2012 at 02:53 PM.

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    I believe that charging a "fee" for not having the money for insurance is taking the money you need for said insurance. It's called double jeopardy. It is un onnstitutional. I am currently walking everywhere because of this very problem. I no longer am "priveleged" to drive. Getting groceries is difficult as you may imagine!

  9. #9
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    Quote Originally Posted by kimberleydiane View Post
    I believe that charging a "fee" for not having the money for insurance is taking the money you need for said insurance. It's called double jeopardy. It is un onnstitutional. I am currently walking everywhere because of this very problem. I no longer am "priveleged" to drive. Getting groceries is difficult as you may imagine!
    Do you suggest the state offer to pay for you to have insurance? Pay for your car? Your gasoline? Your repairs? Your upkeep?

  10. #10
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    An officer issuing a ticket likely to generate a surcharge should be required by law to inform you that its likely you will pay four fold for that ticket later ; therefore you would immediately become a safer driver ! The creeping thieves.

  11. #11
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    I also think this program is wrong, i haven't a ticket or anything for 15 yrs and no the officer didn't tell me nor the judge. When i paid for the ticket. I also think this is another way for them to take money out of our pockets. Just simply b.s. How can we stop this?!!!

  12. #12
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    I was born and raised in Texas. Texas can eat $$$$ and die. Going on year 5 of a suspended license. I just coughed up $1k to pay old fines. Another $1k in fines popped up when I tried to renew, and then I found out about this surcharge crap(yet another $1k). Lets not forget the reinstatement fees and possibly an SR-22 Form(another $7-800). Texas wants a total of $4000+? Again, Texas can eat $$$ and die.

  13. #13

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    We too have just now been made aware of this Texas Surcharge program. My wife got a ticket for no insurance (we had insurance at the time, the card in her car was expired). She appeared at the local court house and upon presenting effective proof of insurance for the date of the offense the ticket was promptly dismissed.

    This week she gets a bill from MSB stating she now owes $260 in surcharges and adding insult to injury, it seems she will be required to pay this same fee for the next three years! This is ludicrous and unjust.

    In the event of an accident where timely validation and exhange of insurance is critical a simple call to the insurance company would have validated her insurance, with policy number and all other info. The fact that she didn't have an insurance card with current dates becomes less substantial. After all, the REAL issue is people driving without insurance, not people that follow the law and maintain their unsurance but may on occasion, slip and not swap out theri insurance card to the newest isnt it?

    Now that we are facing $750+ for the next three years, I am compelled to hire a lawyer. Is there any fighting these Texas surcharges?

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