tag:blogger.com,1999:blog-8597101.post3293191884197188341..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: DPS announces rollout of amnesty, indigence programs for Driver Responsibility surchargeGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-8597101.post-15962736387409986672011-08-28T11:21:16.665-05:002011-08-28T11:21:16.665-05:00Mr. Davies, If the Court declares the statute unc...Mr. Davies, If the Court declares the statute unconstitutional, then all drivers licenses suspended under the program to be reinstated and all money collected refunded with interest. Keep all your papers, receipts etc from the court and surcharge program. Hopefully, that would help you get back on your feet. Daniel.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-47018740303998206502011-08-28T02:47:13.279-05:002011-08-28T02:47:13.279-05:00I have not had a DL in SIX YEARS because of these ...I have not had a DL in SIX YEARS because of these BS surcharges! notice how they are not fines or fees that can be time served or community service. Notice how there was no appeal to any judge in the DPS system. Pay to play. Well, I got my ass on a bicycle and buses and I am better off for it. They will not get a cent from me... three pull-overs on the way to work in 3 months resulted in 9 DPS surcharges, 3 per police stop. Incredible. $6500 owed in surcharges after I paid all the tickets. Lost my DL, sold my car. Lost jobs, lost relationships over not wanting to spend between $200 and $300 a month FOR THREE YEARS just for a DL. Of course, when I finally get my income up enough to face the bill, recession be damned... it is now nearly September 2011. I had never heard of the amnesty program and was not looking for it between january and now. So now, will I have to pay for surcharges from back in 2004?! the officers who wrote me tickets for no insurance expired inspection and registration knew where I lived and would catch me goingto work... making $6.50 an hour less than 30 hours a week, trying to pay off the car and rent, pay off all 9 tickets and only to find out surcharges were still owed. The law says officer has to impound vehicle and arrest on second offense... so why did they continue to write e tickets and not explain the surcharge? I would have parked the car and rode the bus after the first surcharge!!! angry to missed the amnesty, better believe I will fight to get this cleared as of Sept 1 2011. Thanks for this info.Jashua M Davieshttps://www.blogger.com/profile/09904197213283117189noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-61616990280956257262011-08-03T20:12:47.008-05:002011-08-03T20:12:47.008-05:00Flash traffic. Court of Criminal Appeals of Texas...Flash traffic. Court of Criminal Appeals of Texas has accepted the case and will consider my motion. Writ No. WR-76,215-01. I ask all interested Tx lic attys, law professors, civil rights groups, etc to file their friend of the court briefs in support of relators motion to declare ch 708 of tx trans code unconstitutional. We got the Tx high court's attention now. Help me shut this ch 708 down, make the state refund every dollar with interest and reinstate all DLs suspended under ch 708. We don't need congress to repeal and wait for any federal court to intervene. This motion before a Texas high court to review a Texas statute. Its perfect. <br /><br />Any questions?<br /><br />Daniel Montes<br />469-563-8998 cellDaniel Monteshttps://www.blogger.com/profile/13532252398503189668noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-42675612615221003502011-07-28T22:51:22.203-05:002011-07-28T22:51:22.203-05:00Case now before the Court of Criminal Appeals of T...Case now before the Court of Criminal Appeals of Texas. Please file your friend of the court briefs in support of motion to declare Ch 708 unconstitutional. I got it before the high court pro se. Help me finish off the statute. Daniel Montes 469-563-8998.Daniel Monteshttps://www.blogger.com/profile/13532252398503189668noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-8201771520445878462011-07-05T16:59:20.443-05:002011-07-05T16:59:20.443-05:00State of Texas v Daniel Montes, Jr, hearing set fo...State of Texas v Daniel Montes, Jr, hearing set for July 25th at 9a before Judge Valencia Nash Dallas County JP1-2, on motion to declare Chapter 708 of Texas Transportation Code unconstitutional. All are welcome to attend to show support of the motion. If you have any questions to call me at 469-563-8998 cell. Thank you. Daniel Montes, Jr.Daniel Monteshttps://www.blogger.com/profile/13532252398503189668noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-90059838444931217142011-06-24T23:50:14.692-05:002011-06-24T23:50:14.692-05:00I have a pending motion to declare CH 708 Unconsti...I have a pending motion to declare CH 708 Unconstitutional<br />before Judge Nash, Dallas County JP1-2 in Lancaster Texas.<br />Its State of Texas v Daniel Montes, Jr. I have found four<br />basic legal flaws in CH 708 that are clearly<br />unconstitutional under the state and US Const. The recent<br />legal challenges follow the double jeopardy reasoning, but<br />fail. I know four legal arguments that will blow it out of<br />the water. Be advised that I have included in the proposed<br />order for the State to reimburse every dollar that was<br />collected at 18% APR interest, reinstate every suspended<br />DL, declare CH708 unconstitutional, and hold the state and<br />its agents in contempt if it continues to enforce the<br />statute. You say JP does not have the authority to rule on<br />the motion. It actually does. Its a court of law. It can<br />deny my motion then I file an interlocutory appeal to the<br />Dallas County Court. It for sure can rule on it. If not<br />will do a writ of mandamus to the TX Court of Criminal<br />Appeals. If they drop the ball then a writ of cert US Sup<br />Ct. Ok, you want to know the four legal arguments. Its<br />easy. One, Tx Congress prohibited from delegating its<br />taxing authority to the TxDPS and or MSB. Two Tx Congress<br />prohibited from enacting any local, special or private law<br />for the assessment or collection of taxes. Three and Four<br />are long shots based on violations of the US Const. I<br />welcome any friends of the court supporting briefs. Please<br />file them now. I have given the Dallas DA and TX<br />Soliticitor General written notice of the motion. They will<br />respond. Come get in on the action. We can argue it in<br />Austin or maybe in DC. I will post the hearing date so you<br />can attend. Please get the word out. I am trying for<br />everyone who has been burned. Will get your money back. I<br />Need your support. By you attending the hearings will show<br />the judge that this is a hot topic that needs to be<br />addressed. Thankyou. Daniel Montes, Jr., 469-563-8998 cell,<br />danielmonteshernandez@gmail.comDaniel Monteshttps://www.blogger.com/profile/13532252398503189668noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-69069244523786643362011-06-19T22:43:09.138-05:002011-06-19T22:43:09.138-05:00Chapter 708 is unconstitutional. I have file a mo...Chapter 708 is unconstitutional. I have file a motion to declare it so in Texas criminal court. Further, an order to refund every dollar collcted since it began. Track this case from JP all the way to the US Supreme Court, State of Texas vs Daniel Montes, Jr. Initial case before Judge Valencia Nash Dallas County JP 1-2. Next court will be Dallas County Criminal Court, then the Texas Criminal Court of Appeals then jumps to the US Supreme Court. The motion has been filed, Dallas Co Da and Texas Solicitor General have been given notice. I know that Virginia's surcharge program has been declared unconstitutional, a pending federal case in the Western District of Texas has been filed challenging Texas' Chapter 708, and the Texas Legislature has a bill to repeal the chapter. I'm not waiting. I plan to gut the chapter from inside the criminal court route. I appreciate any support, because it affects every driver on Texas Roads. I will post hearing dates so we can have a party at the courthouse. Thank you, /s/ Daniel Montes, Jr. 469-563-8998, danielmonteshernandez@gmail.comDaniel Monteshttps://www.blogger.com/profile/13532252398503189668noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33076893221458621852011-05-15T17:15:17.472-05:002011-05-15T17:15:17.472-05:00I was convicted in March 2010 and paid the full su...I was convicted in March 2010 and paid the full surcharge for the year 2010. Now I'm faced with another $1,000 surcharge for yr 2011. I am unemployed and have been for the past 2 yrs. It's really been hard trying to make ends meet. What about this indigent program? I know I should qualify?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-64032451305419291062011-05-03T15:51:10.282-05:002011-05-03T15:51:10.282-05:00Here it is May 2011 and after years of delay after...Here it is May 2011 and after years of delay after delay - the Indigency Program is still NOT available. MSB reps cannot say why it is not rolled out yet or when it will be. Who can (or will)give a straight answer on when they will really implement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-35496112590256382011-02-16T11:01:56.766-06:002011-02-16T11:01:56.766-06:00I have had my surcharges for almost eight years no...I have had my surcharges for almost eight years now and after going up and down on being able to pay, I just had $1215.00 wiped off and my license reinstated. I was actually planning on just paying them off at once until I heard about this program. I did some research and applied. Two days later, they told me I owe nothing. Now I am reading even more information about it and seeing that legislation is trying to call it unconstitutional. Finally this black cloud is off the top of my head and I can get back to driving a truck which is why I got a CDL in 2002. Hope everything goes right and the state has to repay all that money to everyone because it was just a money making scam from the start. Who thought a no insurance ticket would end up costing $2000.00 My name is Gary from Lindale Tx. Good luck to everyone who got bent over like I did.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-15447730542258154002011-01-21T16:26:19.956-06:002011-01-21T16:26:19.956-06:00Not everyone who owes surcharges to the state is a...Not everyone who owes surcharges to the state is a DRUNK!! I myself have 3,000 dollars in surcharges simply because I made a mistake. I had a habit of not carrying my insurance or license on me when I was stopped. One time it was during a road block and the other two times it was because my license plate light was out. I should have gone to court to prove that I was an insured and licensed driver, but I didn't. I can't afford the 3,000 dollars and I had already paid the tickets. I am glad that I can get the help that I need because I haven't been able to drive for 2 years now. <br /><br />So before you assume that the state is helping a bunch of DRUNKS then maybe think that most of us are just average people who have learned from our stupidity.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-84319138659396301032011-01-18T17:39:48.116-06:002011-01-18T17:39:48.116-06:00Thank You Grits for your hard work in this area. I...Thank You Grits for your hard work in this area. I was eligible for the Amnesty Program and have been placed in the Amnesty Program on Monday morning, today I spoke with DPS and they had already lifted the suspension and mailing my license in three weeks. Thank You againAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-38544475738807465662011-01-17T04:58:39.846-06:002011-01-17T04:58:39.846-06:00After having researched this subject, I find that ...After having researched this subject, I find that I only fall within the group of those that are "being punished for playing by the rules". <br /><br />My surcharges began in 2009. I defaulted twice, once in '09 and again in '10, resulting in DL suspension and reinstatement both times. I have struggled to play by the rules and am now current with my first two years of surcharges, totaling $2080.00 paid in full. Now, I have one more year to go (another $1040.00) which will be another struggle to pay but I will pay in order to keep my DL current and clear. <br /><br />As I see it, there is no help for me because of the 2008 cutoff date. I don't fall under amnesty and indigency rules, I don't even get a pat on the back or an "attaboy" for paying up and playing by the rules, which has been a major struggle to say the least. <br /><br />The deadbeats that have not or cannot pay their surcharges are being rewarded with reduced amounts, but since I am currently in compliance with mine, I am being told to continue to pay up another $1040.00, which I will struggle to do in order to keep my DL. What's wrong with this picture? <br /><br />I fully support the idea of ruling this colossal failure (the DRP) unconstitutional, abolishing the program altogether and refunding all surcharges previously paid, plus interest.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2467161437732534712011-01-17T03:52:04.224-06:002011-01-17T03:52:04.224-06:00I just wanted to thank you from the bottom of my h...I just wanted to thank you from the bottom of my heart for writting this and keeping up with this topic.<br /><br />This surcharge has been plauging my life for nearly 7 years. I happened to randomly search for anything regarding the drp while laying in bed just now because I couldn't sleep. I had no clue about any of this amnesty program. I have been trapped without a license for so long feeling helpless/worthless that I had lost all hope.<br /><br />I was nearly brought to tears, trying hard not to wake up my girlfriend who is sleeping next to me (we both have work in the morning) as the following text sat in front of me.<br /><br />"Texas DPS Driver Responsibility Amnesty Program<br />Your accounts are eligible for the Amnesty Program and have been placed in the Amnesty Program.<br /><br />Your reduced amount due is: 0.00<br /><br />The due date for the reduced payment amount is: 04/17/2011<br /><br />The surcharge suspensions will be cleared on your driving record and the reduced balance owed under Amnesty will be updated in the online systems within 3 business days. Please check back for the updated balances to appear in the system before making payments. A letter will be sent to the address on your most recent surcharge account confirming the reduced amount due and due date for payment of the reduced amount.<br /><br />Note: Amnesty does NOT include accounts assessed after 1/15/2011. These accounts are still due at the assessed amount on their original due dates."<br /><br />I urge everyone suffering and bullied from the states greed to go to txsurchargeonline.com and check your eligibility.<br /><br />I can't even begin to describe how I'm feeling right now. This really seems too good to be true.<br /><br />Thank you so much for all of the information and help. <br /><br />P.s. My name is Mike. Sorry for posting anon. Its almost 4am and I'm on my phone.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-8196730572466293772011-01-12T04:46:15.473-06:002011-01-12T04:46:15.473-06:00Thank you for your write-up! I've been trying ...Thank you for your write-up! I've been trying to find information on this for months, and yours is the first one that has been intelligible.<br /><br />I fall inside the Amnesty period, so I'm really thrilled. I was 18 when I was pulled over without my insurance card, and I fell behind on surcharge payments while I was out of state for college. I haven't driven in over three years, as my license was suspended. This has been a huge black cloud over my life for the last 5 years. The program is absolutely ridiculous, and I get a bitter sort of satisfaction knowing it is failing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-48021227074914065362011-01-07T18:44:52.304-06:002011-01-07T18:44:52.304-06:00Figures. This comes about 20 years too late for me...Figures. This comes about 20 years too late for me. I already caused all the drunken mayhem and chaos I could for one life time. Sorry Texas. If I ever come back I'll be sure to drive within the posted speed limit and in the slow lane. Can't promise anything about the blinkers though, that's your collective fault for not supporting early intervention Alzheimer treatment. Suck it Tea Baggers.Zeetynoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-86716944546805570802011-01-07T01:05:25.343-06:002011-01-07T01:05:25.343-06:00Thank you, thank you, thank you Grits! You worked ...Thank you, thank you, thank you Grits! You worked hard on this one and it is appreciated! We will send you a donation in celebration and I hope lots of others will do the same! You rock!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-71826625825201012011-01-06T13:43:22.391-06:002011-01-06T13:43:22.391-06:001:32, the Amnesty only applies to defaults before ...1:32, the Amnesty only applies to defaults before 12/31/08; it's actually not the case that you could do what you describe. And of course there are still substantial criminal penalties for DWI.<br /><br />That said, I agree the "entire program is total BULLS**T." Be sure to call your state rep and senator (if you don't know who they are, go <a href="http://www.fyi.legis.state.tx.us/" rel="nofollow">here</a>) and ask them to support repealing it. You might even suggest they sign on as joint authors to Leo Berman's HB 299, which would abolish the program outright.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-16726724671394794082011-01-06T13:32:54.193-06:002011-01-06T13:32:54.193-06:00WOW!!! So let me see if I got this straight... I c...WOW!!! So let me see if I got this straight... I can limit my production and my employer decide to lay me off, and in this economy and for what I do (Oilfield Tech.) probably wouldn't be able to get another job for quite some time. So then I could round up enough aluminum cans and such to get a cheap fifth of whiskey and a little gas for my car and the party is ON! And all I have to worry about with this stupid surcharge is $250.00... But if I continue to be a productive member of society and maybe get pulled over after watching the game at a friends house and blowing a .09 Then I have to pay thousands because I have money??? This entire program is total BULLS**T... Goes along the same lines when you were in school sports. The fat kid wasn't picked because it was known he couldn't play the game. The athletic kid was... See where I'm going with this?!?!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-17218861439088267222011-01-06T11:35:06.158-06:002011-01-06T11:35:06.158-06:00I think your assessment is right on the money, esp...I think your assessment is right on the money, especially the endemic asshole-ism reflected in the 2008 cutoff date. But at least there seems to be hope. <br /><br />Indeed the best outcome would be to abolish the program entirely, declare such actions unconstitutional, and force the refunding of all moneys previously paid, with interest.Prison Dochttps://www.blogger.com/profile/03651611135066437902noreply@blogger.com