L. Keith Martinson        - Defending Traffic Tickets since 1986 -

Attorney at Law               Call (817)229-5668 NOW...

Points & Surcharges

             How Does the Point System Work?

The Driver Responsibility Law controls the assessment of points on your driver's license for violations of the Texas traffic laws.

2 Points - if you are "convicted" of a moving violation in Texas
or another state.

3 Points - if you are "convicted" of a moving violation in Texas or another state that resulted in an accident.

Traffic tickets received in CANADA can also hurt your driving record.

No points will be assessed for a speeding "conviction" if the speed you are convicted of is not greater than 10% over the posted speed limit.
(Example: If you are convicted of speeding 59 mph in a 55 mph zone, no points assessed.)

Points will remain on your driving record for 3 years after your "conviction" date.

If you accumulate a total of 6 points or more on your driving record during the 3 year period, the Texas DPS will assess a surcharge. This surcharge is $100 for the first 6 points and $25 for each additional point.

The DPS will notify you when a 5th point has been assessed to your driving record. They will send you a letter by first class mail at the address on your driver's license.

4 traffic ticket convictions within 1 year or 7 traffic ticket convictions within 2 years will get your driver's license suspended as an "habitual violator".

If you are "convicted" of any of the following offenses, you will be required to pay an annual surcharge for 3 years following the date of your conviction:

DWI (driving while intoxicated):
    1st conviction - $1000 for three years
    2nd conviction - $1500 for three years
If your breath test shows 0.16 or more, the annual surcharge increases to $2000 for three years.

Failure to Maintain Financial Responsibility (No Insurance tickets) - $250 per year for three years

Driving While License Invalid - $250  per year for three years

Driving While License Suspended - $250 per year for three years

Driving While License Revoked - $250 per year for three years

Driving While License Canceled - $250 per year for three years

No Driver's License - $100 per year for three years

Expired License - $100 per year for three years

No Commercial Driver's License - $100 per year for three years

No Endorsement violation - $100 per year for three years

No Motorcycle License - $100 per year for three years

Operate with License for other class of vehicle - $100 per year for three years

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                            DRIVING WHILE LICENSE INVALID / SUSPENDED

A person who is operating a motor vehicle while their license is under suspension, revocaton, denial, or cancellation is subject to an additional license suspension for the same period of time as the original suspension.

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                               DRIVER LICENSE RESTRICTION VIOLATION

A person who has been convicted of 2 or more violations of a driver license restriction or endorsement is subject to driver license suspension.

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Under the Federal Motor Carrier Safety Improvement Act of 1999, your CDL is subject to DISQUALIFICATION upon ONE CONVICTION for any of the following "Major Violations" - even if you are driving a private passenger vehicle:

1. Probable cause for operating a commercial motor vehicle with a blood alcohol concentration at or above .04
2. Probable cause for operating a motor vehicle with a blood alcohol concentration at or above .08
3. Operating a commercial motor vehicle while your blood alcohol concentration is .04 or higher
4. Operating a motor vehicle under the influence of alcohol
5. Operating a motor vehicle under the influence of a controlled substance
6. Refusal to take an alcohol test
7. Leaving the scene of an accident
8. Using a motor vehicle to commit a felony (not a traffic offense)
9. Causing a fatality through negligent operation of a commercial motor vehicle
10. Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's license is revoked, suspended, disqualified, canceled, denied, barred, or withdrawn
11. Using a vehicle in the commission of a felony involving controlled substances

ONE CONVICTION OF ANY OF THE ABOVE, WHETHER IN A COMMERCIAL MOTOR VEHICLE OR A PRIVATE PASSENGER VEHICLE, WILL RESULT IN YOUR CDL BEING DISQUALIFIED FOR ONE YEAR.

YOUR CDL WILL BE DISQUALIFIED FOR THREE YEARS IF THE FIRST MAJOR VIOLATION OCCURS WHILE OPERATING A COMMERCIAL MOTOR VEHICLE THAT IS PLACARDED FOR HAZARDOUS MATERIALS.

IF CONVICTED OF A SECOND MAJOR VIOLATION IN A PRIVATE PASSENGER VEHICLE OR A COMMERCIAL MOTOR VEHICLE, YOUR CDL WILL BE DISQUALIFIED FOR LIFE.

YOUR CDL WILL BE DISQUALIFIED FOR LIFE IF YOU ARE CONVICTED OF USING A COMMERCIAL MOTOR VEHICLE TO COMMIT A FELONY INVOLVING CONTROLLED SUBSTANCES.

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                                     VIOLATING OUT-OF-SERVICE ORDERS

If you are convicted of violating an out-of-service order in a commercial motor vehicle, your CDL will be disqualified for no less than 90 days nor more than 1 year for a first offense. Your CDL will be disqualified for no less than 1 year nor more than 5 years for a second offense within any 10-year period.


If you are convicted of violating an out-of-service order while transporting hazardous materials in a commercial motor vehicle, your CDL will be disqualified for no less than 180 days nor more than 2 years for the first offense. Your CDL will be disqualifed for no less than 3 years nor more than 5 years for a second offense while transporting hazardous materials within any 10-year period.

Your CDL will be disqualified for no less than 3 years nor more than 5 years for three or more offenses within any 10-year period.

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                            RAILROAD-HIGHWAY GRADE CROSSING VIOLATIONS

Railroad-Highway Grade Crossing violations include violation of a federal, state or local law or regulation pertaining to the following 6 offenses:

1. For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear.
2. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.
3. For drivers who are always required to stop, failing to stop before driving onto the crossing.
4. For all drivers failing to have sufficient space to drive completely through the crossing without stopping.
5. For all drivers failing to obey a traffic control device or the directions of an enforcement official at a crossing.
6. For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.


If convicted of a Railroad-Highway Grade Crossing violation in a commercial motor vehicle, your CDL will be disqualified for no less than 60 days for the first offense. Your CDL will be disqualified for no less than 120 days for a second offense within any 3-year period. Your CDL will be disqualified for no less than 1 year for a third offense within any 3-year period.

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CALL MY OFFICE FOR ASSISTANCE WITH ANY OF THESE PROBLEMS...

CALL MY OFFICE FOR ASSISTANCE WITH YOUR DRIVERS LICENSE SUSPENSION OR REVOCATION HEARINGS...

CALL MY OFFICE FOR ASSISTANCE WITH VIOLATIONS OF SAFETY REGULATIONS...

                                                      
L. Keith Martinson
                                           Attorney at Law
                                         Post Office Box 70
                                            (817)229-5668
                                      Weatherford, TX 76086
                                     Keith@CDLTickets.com