FINISH LINE FINES: Surcharges a complex system of compounding fees

Ten years ago, Lorie Thornton got her first ticket for driving without insurance. Little did she know it would start her down a rocky path full of roadblocks it would take a decade to navigate.

She was unable to prove she had valid insurance during her court date and the judge suspended her license.

Thinking once she paid off the no insurance ticket everything would go back to normal, she scrimped and saved and paid off the ticket only to be informed she had to pay something called a surcharge.

“For 10 years, I’ve been illegally driving around, mainly for work and kids while trying to pay back four surcharges,” Thornton said

“What they don’t tell you is if you miss a payment, they add more fees.”

Thornton finally was able to get her license back a couple of weeks ago after paying off more than $1000 in surcharges and two $100 reinstatement fees.

However, even after 10 years, she is still being surprised by the Driver Responsibility Program.

“I didn’t know before this article I had to pay the same surcharges for three years straight.”

With custody of her 3-year-old grandson, Thornton had no choice but to drive in order to meet his needs.

“If he was sick, I would take him to the doctor, license or not.”

Shane Cramer has a similarly long road ahead.

“The story begins I was driving a drunk girl home from a party in her car and got pulled over,” Cramer said.

The girl was misinformed about her “gap insurance” and technically did not have auto insurance at the time of the traffic stop, he said.

“I paid the ticket and thought that was it," Cramer said. “I got pulled over later and was told my license was suspended for not paying surcharges and also my insurance dropped me because of the no insurance ticket, which led to another ticket.”

In order to get his license back he had to pay the tickets, surcharge, get insurance, pay a license reinstatement fee, inspection and registration for the vehicle.

“No one told me I was going to have to pay two more years of surcharges and I’m stuck with an occupational license that prevents me from getting a better job.

“A job that pays $38 an hour passed on me because I don’t have a clear license.”

From Cramer’s point of view, had he let his friend drive home drunk, his life would have been vastly different, he said.

THE LAWS

Back in 2003, the Driver Responsibility Program passed through the Texas Legislature. DRP requires the Texas Department of Public Safety to apply surcharges to people with certain traffic convictions and points, according to the department.

DRP came about to be a source of revenue to fund the state’s trauma care system while also deterring Texas drivers from breaking the law.

The DPS definition of a surcharge is, “An administrative fee charged to a driver based on the number of points or conditions on the driver record.”

“Once you get six points on your license, you have to pay surcharges for three years without getting another surcharge, or else the three years start over,” Clute Municipal Judge Randy Smith said.

Points are added to a person’s license in the following ways:

• Two points are added for moving violations in Texas or out of the state; and

• Three points are added for the person at fault in an accident either in Texas or out of the state.

A person’s points reset after three years without an incident.

In addition to the point system, surcharges can be added for certain offenses as well.

A ticket for driving while license is suspended, for instance, results in a $250 surcharge, while a driving while intoxicated ticket would yield a person a hefty $2,000 surcharge.

These surcharges similarly must be paid for three consecutive years.

A surcharge must be paid in full within 105 days of being issued or will result in a license suspension and additional fees will be tacked on.

FROM THE BENCH

“Some people deserve to be in the surcharge program but most don’t,” Smith said. “I’m not a fan of the program.”

Smith has his own way of grouping apart the habitual offenders from those in the wrong place at the wrong time.

“In my courtroom, I give two chances but Strike 3, you’re out,” he said. “I give everyone two chances for a 60-day deferral, which gives someone 60 days to pay the fine and if they pay it, the points will not go on their driving record.”

Unlike Smith, Precinct 1, Place 1 Judge Jack Brown offers deferral for every traffic ticket if certain conditions are met.

“I tell my clerks to always offer deferral and I offer it to everyone who qualifies if: 1. They come in on or before their appearance date or if they have a good reason and 2. If they are going less than 25 mph over the speed limit, except in some cases,” Brown said.

Both Smith and Brown are in agreement there should be more transparency with the driver responsibility program and informing drivers before they lose their licenses.

“There should be a better way for them to be informed so it’s not a surprise where they feel sucker punched while paying off surcharges," Brown said. “A high percentage learn the hard way about license suspension and surcharges.”

The judges agree the DRP unfairly affects lower-income people by starting them on a steep, uphill battle from the moment they get their first surcharge.

“The DRP is not an effective system and, in fact, since the surcharge program started, 25 percent to 30 percent more people are driving without a license,” Smith said.

Brown likes to help people break the cycle of stacking fees on top of fees by offering a compromise that benefits the driver and the state.

“Sometimes I give incentives to drivers to pay the surcharges and get their license back by cutting new fines in half,” he said.

For those who can't afford the surcharge program, there is an indigency option. If someone can prove they are within 125 percent of the poverty level, their surcharges are waived and, as for their driving privileges, if the suspension is due to surcharges, they can get it reinstated.

If someone can prove they are between 126 percent and 300 percent of the poverty level, they can reduce their surcharge amount by 50 percent. Their driving privileges, however, are only reinstated by the removal of the surcharge suspension for six months.

MOVING FORWARD

On May 15, 2019, House Bill 2048 unanimously passed the Texas Senate and if passed by the House would repeal the DRP and instead spread out responsibility for funding the trauma care system to all Texas drivers.

Rather than being funded by surcharges, HB 2048 would increase all traffic fines in Texas by $20, except drunken driving, which would add up to $6,000 in fines and fees, and add $2 to motor vehicle insurance bills for all Texans.

“Now is the time to contact your legislators,” Brown said. “The program might have started as a way to make Texas safer, but it has turned out to have more adverse effects on Texas drivers than benefits."

“They should get rid of surcharges,” Thornton said. “The punishment of the ticket should be enough. I think they need to get rid of surcharges altogether.

“When it comes down to it, someone might have to choose between making the surcharge payment or making their insurance payment and then start all over again.”