tag:blogger.com,1999:blog-8597101.post2157029356524647253..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: DPS must change rules to give life to Driver Responsibility indigency programGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-8597101.post-14800865726395984912010-07-09T02:52:13.042-05:002010-07-09T02:52:13.042-05:00I have a hearing on this scheduled for August 2nd....I have a hearing on this scheduled for August 2nd. As it turns out, if you request a hearing on a habitual offender charge, the mandatory suspension rises from 90 up to 365 days.<br /><br />Basically, you question our authority, we screw you.<br /><br />I plan on a defense that the law is unconstitutional. I will probably lose, but as I am a pre-law college student, I feel I have to give it a try. Wish me luck.Casey Chamblesshttps://www.blogger.com/profile/14670591145551892382noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-19423188599677337202009-07-05T11:13:18.690-05:002009-07-05T11:13:18.690-05:00This means there are 8 years worth of people who h...This means there are 8 years worth of people who have been assessed these fees without any consideration for indigency, student status or even disability. In some, if not many of these cases, they have been swept even further into the justice system with additional criminal charges for DWLS related to late payments and consequently even more fees. Again, without consideration for the ability to pay.<br /><br />You won't go to jail for not paying the fee. Instead, it is turned over to a collection agency which will then hurt your credit. Bad credit can effect the ability to obtain employment, housing and loans, even loans for educational purposes.<br /><br />This is no more than a way for the State to generate revenue disguised as a method of promoting public safety. Let me suggest this does more harm than good for public safety - more uninsured drivers is a big one. And, closing doors on opportunites for employment, housing and education are also detrimental to public safety in both the short and the long run.<br /><br />From what I have seen, it looks as though Texas has the highest by far among the states who have these fees. The state of Michigan, whose fees were much less to begin with has recently dropped theirs back from 2 years to 1 year and is giving refunds in some cases.<br /><br />So the band-aid that was applied by the Legislature was to give judges the ability to consider these factors and discretion in waiving or reducing the amount - from September 1, 2011 and beyond. That did absolutely nothing to help those that have already been wounded by this and struggle to recover.<br /><br />I realize this is uncharted territory and thereby more complex, but it seems there is a need for a class action lawsuit to provide relief and perhaps even stop this forever in every state. It absolutely undermines some of our most basic values that we otherwise encourage regarding education, employment and housing and puts everyone at greater risk of being hit by the dreaded uninsured driver.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-46017550217667344272009-07-05T07:46:34.480-05:002009-07-05T07:46:34.480-05:002011! WTF!! :(2011! WTF!! :(Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2797606114599462852009-07-03T22:04:53.962-05:002009-07-03T22:04:53.962-05:00Sadly, I think you're right and I misinterpret...Sadly, I think you're right and I misinterpreted it, not noticing the separate effective date for the DRP section. <br /><br />That said, it's still a little unclear. DPS already had permissive authority to do an indigency program under SB 1723 from last session, and it still has permissive authority to implement amnesty and incetnive programs, it's just not statutorily mandated. I don't know why they went with the 2011 effective date on indigence. That's both annoying and frustrating<br /><br />I'll correct the error in the text.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-19322394535423480932009-07-03T19:38:01.028-05:002009-07-03T19:38:01.028-05:00Hey Grits,
I am confused.
Your article says, &qu...Hey Grits,<br /><br />I am confused.<br /><br />Your article says, "Those who already owe surcharges would have to petition the convicting court and demonstrate their indigence through a variety of means outlined in the bill, while going forward presumably indigence can be determined at the time the court convicts you."<br /><br />The bill states, "A surcharge that was assessed under that chapter before the effective date of this article is subject to the law in effect on the date the surcharge was assessed, and that law is continued in effect for that purpose." And then, "This article takes effect September 1, 2011." (Section 15.07, page 190)<br /><br />So, help me on this...am I reading the bill wrong? It seems to conflict with your comment about it.<br /><br />I hope you are right. Otherwise, this won't help anyone until 2011.Anonymousnoreply@blogger.com