I have read a couple of threads like this and have been researching the answers.
The current statutes allow the DPS to collect a surcharge fee for certain offenses if you are found guilty of them. They vary, so I will choose the "Failure to maintain financial responsibility"; i.e your insurance is expired. If you are found guilty in court, you pay your fine and go on about your business. The court notifies the DPS and the DPS assesses a fee of $300 per year for the next 3 years. If you fail to pay the Texas surcharge fee within 30 days of it being due each and every year for the next three years, they can and will suspend your license until you have caught up on those fees. If you are caught driving on a suspended license, you could be arrested and the DPS will suspend your license until you catch up on the fees and penalties, and then you must attend a hearing to decide if your license will stay/go back on suspension status.
Texas v. Drake, 2006, and some others have approached the matter as one of double jeopardy and lost. It is not being fined twice for the same offense.
However, I am representing a client and am going to contend that the Texas surcharge program is illegal and unconstitutional. No entity, outside the court, may levy a fine or additional penalty for a misdemeanor offense. The defendant is entitled to Due Process and is being denied that right. The defendant is entitled to a defense and a trial by jury. The DPS is acting as a court illegally and unconstitutionally, both in Texas and in the U.S Constitution. Any and all verdicts and penalties should be and can only be levied by the court system. The DPS has no right, even under a statute, to penalize anyone. Additional fines should be levied, and can only be levied, by the court.
Additionally, the Texas DPS, under the statute, may only assess fees to commercial drivers and not the general public. Some 1.8 million drivers have been assessed these fees illegally and the DPS has collected over 2.2 BILLION dollars from the general public.
If I get my client off and /or get her fees recovered (doubtful about the recovery), I will be approaching some larger firms to assist in a class action case against the DPS. While I am not afraid to sue the DPS, they will try to protect such a large sum of money and will throw a lot of resources back at it. I also would not want to individually piss off some troopers!
I must admit, I was disheartened to read in previous threads that "the city/state wants their money." Everone should feel free to exercise their rights, ask questions, and be treated with respect. It was also clear that some posters did not understand the Texas Surcharge Program; or other states for that matter.
At the moment, it is the law, and the DPS is getting away with larceny. Pay your surcharges. It is YOUR responsibility to keep track of it. If you get a notice that you are due for suspension, pay all your back fees. File for a hearing to Appeal the suspension. You will get your license unsuspended until the hearing if you do those two things ASAP. Get a competent attorney for the hearing.
Having an attorney and all your fees paid, paperwork filed, an SR-22 form filed with your insurance company, and you may not see any further suspension. If you are suspended, you may immediately apply for a provisional license so you may get to work and any other necessary places for a probationary period, usually 6 months to a year, but that can vary with the severity of the original infraction. Do not try to snow the judge about what is necessary and important for you to be able to drive to. Documentation ahead of time helps a lot, especially if it signed and notarized. Sometimes, the provisional license appeal hearing will be at a separate time and date. It depends on the jurisdiction.
I hope I have helped clarify the process, and what these ongoing fees are. Texas has modified the fees and penalties. At one time, they were atrocious and I had a client who got caught multiple times DWLS and racked up over 20 grand in fees. The police would never take her car because she had her babies with her. I got her fees cut way down and her license back on probation. Do NOT let this be YOU!
Wish me luck with my argument. I would love to see this law changed and brought back under the auspices of the court.
