DSC and Deferred Disposition for Young Drivers

Transcription

1 DSC and Deferred Disposition for Young Drivers 2013 Traffic Safety Conference The leading cause of death for teens is motor vehicle crashes Reasons why? Types of driver licenses: a. Learner license must have a licensed adult 21+ yoa in the front seat when driving b. Minor restricted driver license (a/k/a hardship license) c. Provisional license for drivers under age 18 d. Driver license free of the restrictions on young drivers Driving is a privilege, not a right Requirements to obtain a driver license: a. Tied to education b. Driver education training

2 Magic age = Alternative Sentencing Options for Young Drivers Driving Safety Course (Article , Code of Criminal Procedure) (a) Except as provided by Subsection (a 1), this article applies only to an alleged offense that: (1) is within the jurisdiction of a justice court or a municipal court; (2) involves the operation of a motor vehicle; and (3) is defined by: (A) Section , Transportation Code; (B) Subtitle C, Title 7, Transportation Code; or (C) Section (a)(3), Transportation Code. (a 1) If the defendant is younger than 25 years of age, this article applies to any alleged offense that: (1) is within the jurisdiction of a justice court or a municipal court; (2) involves the operation of a motor vehicle; and (3) is classified as a moving violation. (b) The judge shall require the defendant to successfully complete a driving safety course approved by the Texas Education Agency or a course under the motorcycle operator training and safety program approved by the designated state agency under Chapter 662, Transportation Code, if: (1) the defendant elects driving safety course or motorcycle operator training course dismissal under this article; (2) the defendant: (A) has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12 months preceding the date of the offense; or (B) does not have a valid Texas driver's license or permit, is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, and has not completed a driving safety course or motorcycle operator training course, as appropriate, in another state within the 12 months preceding the date of the offense; (3) the defendant enters a plea under Article in person or in writing of no contest or guilty on or before the answer date on the notice to appear and: (A) presents in person or by counsel to the court a request to take a course; or (B) sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course; (4) the defendant: (A) has a valid Texas driver's license or permit; or (B) is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty;

3 (5) the defendant is charged with an offense to which this article applies, other than speeding at a speed of: (A) 95 miles per hour or more; or (B) 25 miles per hour or more over the posted speed limit; and (6) the defendant provides evidence of financial responsibility as required by Chapter 601, Transportation Code. (c) The court shall enter judgment on the defendant's plea of no contest or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant 90 days to successfully complete the approved driving safety course or motorcycle operator training course and present to the court: (1) a uniform certificate of completion of the driving safety course or a verification of completion of the motorcycle operator training course; (2) unless the judge proceeds under Subsection (c 1), the defendant's driving record as maintained by the Department of Public Safety, if any, showing that the defendant had not completed an approved driving safety course or motorcycle operator training course, as applicable, within the 12 months preceding the date of the offense; (3) an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as applicable, under this article on the date the request to take the course was made and had not completed such a course that is not shown on the defendant's driving record within the 12 months preceding the date of the offense; and (4) if the defendant does not have a valid Texas driver's license or permit and is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as appropriate, in another state on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense. (c 1) In this subsection, "state electronic Internet portal" has the meaning assigned by Section , Government Code. As an alternative to receiving the defendant's driving record under Subsection (c)(2), the judge, at the time the defendant requests a driving safety course or motorcycle operator training course dismissal under this article, may require the defendant to pay a fee in an amount equal to the sum of the amount of the fee established by Section , Transportation Code, and the state electronic Internet portal fee and, using the state electronic Internet portal, may request the Texas Department of Public Safety to provide the judge with a copy of the defendant's driving record that shows the information described by Section (b), Transportation Code. As soon as practicable and using the state electronic Internet portal, the Texas Department of Public Safety shall provide the judge with the requested copy of the defendant's driving record. The fee authorized by this subsection is in addition to any other fee required under this article. If the copy of the defendant's driving record provided to the judge under this subsection shows that the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12 months preceding the date of the offense, the judge shall allow the defendant to complete the appropriate course as provided by this article. The custodian of a municipal or county treasury who receives fees collected under this subsection shall keep a record of the fees and, without deduction or proration, forward the fees to the comptroller, with and in the manner required for other fees and costs received in connection with criminal cases. The comptroller shall credit fees received under this subsection to the Texas Department of Public Safety.

4 (d) twithstanding Subsections (b)(2) and (3), before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this article. (e) A request to take a driving safety course or motorcycle operator training course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant's promise to appear. (f) In addition to court costs and fees authorized or imposed by a law of this state and applicable to the offense, the court may: (1) require a defendant requesting a course under Subsection (b) to pay an administrative fee set by the court to cover the cost of administering this article at an amount of not more than $10; or (2) require a defendant requesting a course under Subsection (d) to pay a fee set by the court at an amount not to exceed the maximum amount of the fine for the offense committed by the defendant. (g) A defendant who requests but does not take a course is not entitled to a refund of the fee. (h) Fees collected by a municipal court shall be deposited in the municipal treasury. Fees collected by another court shall be deposited in the county treasury of the county in which the court is located. (i) If a defendant requesting a course under this article fails to comply with Subsection (c), the court shall: (1) notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and (2) require the defendant to appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court. (j) If the defendant fails to appear at the time and place stated in the notice under Subsection (i), or appears at the time and place stated in the notice but does not show good cause for the defendant's failure to comply with Subsection (c), the court shall enter an adjudication of guilt and impose sentence. (k) On a defendant's showing of good cause for failure to furnish evidence to the court, the court may allow an extension of time during which the defendant may present: (1) a uniform certificate of course completion as evidence that the defendant successfully completed the driving safety course; or (2) a verification of course completion as evidence that the defendant successfully completed the motorcycle operator training course. (l) When a defendant complies with Subsection (c), the court shall: (1) remove the judgment and dismiss the charge; (2) report the fact that the defendant successfully completed a driving safety course or a motorcycle operator training course and the date of completion to the Texas Department of Public Safety for inclusion in the person's driving record; and (3) state in that report whether the course was taken under this article to provide information necessary to determine eligibility to take a subsequent course under Subsection (b).

5 (m) The court may dismiss only one charge for each completion of a course. (n) A charge that is dismissed under this article may not be part of a person's driving record or used for any purpose. (o) An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may not cancel or increase the premium charged an insured under the policy because the insured completed a driving safety course or a motorcycle operator training course, or had a charge dismissed under this article. (p) The court shall advise a defendant charged with a misdemeanor under Section , Transportation Code, Subtitle C, Title 7, Transportation Code, or Section (a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right under this article to successfully complete a driving safety course or, if the offense was committed while operating a motorcycle, a motorcycle operator training course. The right to complete a course does not apply to a defendant charged with: (1) a violation of Section , , or , Transportation Code; (2) a serious traffic violation; or (3) an offense to which Section or (b), Transportation Code, applies. (q) A notice to appear issued for an offense to which this article applies must inform a defendant charged with an offense under Section , Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an offense under Section (a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right to complete a driving safety course or, if the offense was committed while operating a motorcycle, of the defendant's right to complete a motorcycle operator training course. The notice required by this subsection must read substantially as follows: "You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course." (r) If the notice required by Subsection (q) is not provided to the defendant charged with the offense, the defendant may continue to exercise the defendant's right to take a driving safety course or a motorcycle operator training course until the notice required by Subsection (q) is provided to the defendant or there is a final disposition of the case. (s) This article does not apply to an offense committed by a person who: (1) holds a commercial driver's license; or (2) held a commercial driver's license when the offense was committed. (t) An order of deferral under Subsection (c) terminates any liability under a bail bond or appearance bond given for the charge. (u) The requirement of Subsection (b)(2) does not apply to a defendant charged with an offense under Section , Transportation Code, if the judge requires the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course that includes four hours of instruction that encourages the use of child passenger safety seat systems, and any driving safety course taken by the defendant under this section within the 12 months preceding the date of the offense did not include that training. The person's driving record under Subsection (c)(2) and the

6 affidavit of the defendant under Subsection (c)(3) is required to include only previous or concurrent courses that included that training. What is covered in a driving safety course? Approved by the Texas Education Agency, in Chapter 1001, Education Code DSC Recap: For a young driver (under the age of 25), to be eligible to take a driving safety course, the offense must be classified as a, and may not be one of the ineligible offenses. The person must have a valid Texas driver s license or, or be active duty military (or spouse/dependent). The person must show proof of financial responsibility as required by Chapter of the Transportation Code. The person must timely request the DSC (but the court must also advise the person of their right to request one) and have not taken one for ticket dismissal in the past 12 months. If either of these are not met, the person may still be allowed to take a DSC based on the of the judge. tes:

7 Deferred Disposition (Article , Code of Criminal Procedure) (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a special expense fee on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The special expense fee may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the special expense fee for good cause shown by the defendant. If the judge orders the collection of a special expense fee, the judge shall require that the amount of the special expense fee be credited toward the payment of the amount of the fine imposed by the judge. An order of deferral under this subsection terminates any liability under a bail bond or an appearance bond given for the charge. (a 1) twithstanding any other provision of law, as an alternative to requiring a defendant charged with one or more offenses to make payment of all court costs as required by Subsection (a), the judge may: (1) allow the defendant to enter into an agreement for payment of those costs in installments during the defendant's period of probation; (2) require an eligible defendant to discharge all or part of those costs by performing community service under Article or ; or (3) take any combination of actions authorized by Subdivision (1) or (2). (b) During the deferral period, the judge may require the defendant to: (1) post a bond in the amount of the fine assessed to secure payment of the fine; (2) pay restitution to the victim of the offense in an amount not to exceed the fine assessed; (3) submit to professional counseling; (4) submit to diagnostic testing for alcohol or a controlled substance or drug; (5) submit to a psychosocial assessment; (6) participate in an alcohol or drug abuse treatment or education program; (7) pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; (8) complete a driving safety course approved under Chapter 1001, Education Code, or another course as directed by the judge; (9) present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this article; and (10) comply with any other reasonable condition. (b 1) If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation: (1) Subsection (b)(8) does not apply; (2) during the deferral period, the judge: (A) shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and (B) may require the defendant to complete an additional driving safety course designed for drivers younger than 25 years of age and approved under Section , Education Code; and

8 (3) if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by Section (b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously. (b 2) A person examined as required by Subsection (b 1)(3) must pay a $10 examination fee. (b 3) The fee collected under Subsection (b 2) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521, Transportation Code. (c) On determining that the defendant has complied with the requirements imposed by the judge under this article, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. (c 1) If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court shall: (1) notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and (2) require the defendant to appear at the time and place stated in the notice to show cause why the order of deferral should not be revoked. (c 2) On the defendant's showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court may allow an additional period during which the defendant may present evidence of the defendant's compliance with the requirements. (d) If on the date of a show cause hearing under Subsection (c 1) or, if applicable, by the conclusion of an additional period provided under Subsection (c 2) the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose the fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant. This subsection does not apply to a defendant required under Subsection (b 1) to complete a driving safety course approved under Chapter 1001, Education Code, or an examination under Section (b)(2), Transportation Code. (d 1) If the defendant was required to complete a driving safety course or an examination under Subsection (b 1) and on the date of a show cause hearing under Subsection (c 1) or, if applicable, by the conclusion of an additional period provided under Subsection (c 2) the defendant does not present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed. The imposition of the fine constitutes a final conviction of the defendant. (e) Records relating to a complaint dismissed as provided by this article may be expunged under Article If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose. (f) This article does not apply to: (1) an offense to which Section , Transportation Code, applies; or

9 (2) a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who: (A) holds a commercial driver's license; or (B) held a commercial driver's license when the offense was committed. Deferred Recap: If a young driver is granted deferred and the person is charged with a, the judge must require the defendant to complete a driving safety course as a condition of deferred. Additionally, If the defendant holds a provisional license, the judge must require the defendant to retest with DPS. The judge require the defendant to complete a special young driver education course 25), approved under Section , Education Code. tes: Why not a straight conviction?

10 COMPARISONS OF DEFERRED OPTIONS (Effective September 1, 2011) Application/Use How Often Plea Required Proof of TX DL or on Active Military Duty Proof of Financial Responsibility State Court Cost Collected Time Limit Optional Administrative or Special Expense Fee Driving Safety Course (DSC) or Motorcycle Operator Course (MOC) Dismissal Procedures, Article , C.C.P. If defendant is at least 25 years of age, applies to the following traffic offenses: Section , T.C.; (Obeying Warning Signs) Subtitle C, Title 7, T.C.; (Rules of the Road) Section (a)(3), T.C. (Operation of Motor Vehicle by Minor) If defendant is under 25, applies to offenses classified as moving violations Does not apply to: Offenses committed in a construction work maintenance zone when workers are present, Sec , T.C.; Art (p)(3), C.C.P.; Traffic offenses committed by a person with a commercial driver s license, Art (s), C.C.P.; Passing a school bus, Sec , T.C.; Leaving the scene of an accident, Sec or , T.C.; or Speeding 25 mph or more over the limit or in excess of 95 m.p.h. Art (b)(5), C.C.P. Court must advise person charged with offenses under Subtitle C, Rules of the Road, T.C., of right to take course. Defendant may request if the defendant has not had a driving safety course within the 12 months preceding the date of the current offense. Under Subsection (u), defendants may take DSC for a violation of Child Passenger Safety Seat laws even if they have taken DSC in the last 12 months, as long as the judge requires the defendant to take a specialized DSC (including 4 hours of instruction on child passenger safety seat systems) and any course the defendant has taken in the last 12 months did not include such instruction. If the defendant is a member, spouse, or dependent child of a member, of the US military forces serving on active duty, the defendant cannot have taken a DSC/MOC in another state within the 12 months preceding the date of the current offense. Under Subsection (d), the court has discretion to grant DSC/MOC even if one has been taken within the previous 12 month period, or if the request was not made timely. A plea of guilty or nolo contendere is required when the request is made. Request must be made on or before answer date on citation. Judge has discretion to grant a late request under Subsection (d). Defendant must have a Texas driver s license or permit. If the defendant is on active military duty or is an active duty military spouse or dependant child, the defendant does not have to have a Texas driver s license or permit. Defendants are required to present proof of financial responsibility as required by Chapter 601, Transportation Code. YES Due when request made. Court defers imposition of the judgment for 90 days. The defendant must take the course and present evidence of completion by the 90 th day. Defendant is also required to present to the court a certified copy of his or her driving record as maintained by DPS and an affidavit stating that he or she was not taking DSC or MOC at the time of the request nor has he or she taken a course that is not on his or her driving record. Under Subsection (u), the defendant s driving record and affidavit are required to show that defendant did not have specialized DSC in preceding 12 months. If defendant makes request on or before answer date, the court may only assess an administrative $10 non-refundable fee. If the judge grants a course before the final disposition of the case under Subsection (d), the court may assess a fee not to exceed the maximum possible penalty for the offense. Suspension of Sentence and Deferral of Final Disposition, Article , C.C.P. Applies to all fine-only offenses except: Traffic offenses committed in a construction work maintenance zone when workers present (Sec , T.C.; Art (f)(1), C.C.P.); or A violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who holds a commercial driver s license; or held a commercial driver s license when offense committed (Art (f), C.C.P.). Subject to judicial discretion. A plea of guilty or nolo contendere or a finding of guilt required. Page 1 of 2 Funded by a grant from the Texas Court of Criminal Appeals Rev. 08/1 Effective 09/01/11 NO NO YES Judge may allow defendant to pay out during deferral period by time payments, performing community service, or both. t to exceed 180 days. (1 to 180 days) SPECIAL EXPENSE FEE (SEF), not to exceed amount of fine that could be imposed at the time the court grants the deferral. Court may elect not to collect for good cause shown. SEF may be collected at anytime before the date the probation ends. In the event of default, the judge shall require that the amount of the SEF be credited toward the amount of the fine imposed by the judge.

11 Fee for Driving Record Other Requirements Satisfactory Completion Failure to Complete Driving Safety Course (DSC) or Motorcycle Operator Course (MOC) Dismissal Procedures Article , C.C.P. Rather than allowing the defendant to obtain his or her driving record and provide it to the court, the court may obtain the certified driving record from DPS. A $10 fee plus the $2 state electronic Internet portal fee may be imposed if the court chooses this option (Art (c-1), C.C.P.). Request may be oral or in writing. If mailed, request must be sent certified mail. (Art (b)(3), C.C.P.) When a defendant requests a course on or before the answer date on the citation, the defendant must present evidence of a valid Texas driver s license or permit, or show that he or she is on active military duty. On or before the 90 th day after the request the defendant must present: 1. Evidence of course completion; 2. A copy of his or her driving record as maintained by DPS, if any; 3. If the defendant is on active military duty and does not have a Texas driver s license, the affidavit must state that the defendant was not taking a DSC or MOC, as appropriate, in another state on the date of the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense. 4. An affidavit stating that he or she was not taking a course at the time of request for the current offense nor had he or she taken a course that was not yet on his or her driving record within the 12 months preceding the date of the current offense. 5. If the offense is charged under Section , T.C., (Child Passenger Safety Seat Systems), the defendant s driving record and affidavit are only required to show that they have not taken the specialized DSC in the last 12 months. The judge may also require an additional DSC for drivers under age 25 per Sec , Education Code. Judge shall remove the judgment and dismiss the case; the dismissal must be noted in the docket. Court reports the completion date of the course after the court dismisses the case. If defendant fails to furnish the evidence of course completion, a copy of his or her driving record as maintained by DPS that shows that he or she had not taken DSC or MOC within the 12 months preceding the date of offense, and the affidavit, the court shall set a show cause hearing and notify the person by mail. At the hearing the judge may, on a showing of good cause, allow the defendant time to present the uniform certificate of course completion. If the court does not grant more time, the court shall enter a final judgment ordering the defendant to pay the fine. If a defendant fails to appear at the show cause hearing, the court may, after signing a final judgment, issue a capias pro fine. Suspension of Sentence and Deferral of Final Disposition Article , C.C.P. Court is not required to order the defendant to obtain a driving record (it may, however, be mandated as a reasonable condition). There is no authorization for the court to collect a fee for obtaining the defendant s driving record. Requirements: Judge may require the defendant to do the following: 1. Post bond in the amount of the fine assessed to secure payment of the fine; 2. Pay restitution to the victim of the offense in an amount not to exceed the fine assessed; 3. Submit to professional counseling; 4. Submit to diagnostic testing for alcohol or controlled substance or drug; 5. Submit to psychosocial assessment; 6. Participate in an alcohol or drug abuse treatment or education program; 7. Pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; 8. Complete DSC or other course as directed by the judge; 9. Present to the court satisfactory evidence of compliance with the terms imposed by the judge; and 10. Comply with any other reasonable condition If defendant under age 25 is charged with a moving traffic offense, Subsection (b)(8) does not apply. The judge shall require DSC. The judge may also require an additional DSC for drivers under age 25 per Sec , Education Code. If the defendant holds a provisional license, the judge shall require the defendant to be examined by DPS under Sec (b)(2), T.C., and pay DPS a $10 fee. For Alcoholic Beverage Code Offenses and the offense of Public Intoxication (Sec (e), P.C., defendant under the age of 21), court must require an alcohol awareness course. Sec (a), A.B.C. For Alcoholic Beverage Code offenses, except DUI, and the offense of Public Intoxication (Sec (e), P.C., defendant under the age of 21), court must require community service. Sec (d), A.B.C. 1st offense: eight to 12 hours. 2nd offense: 20 to 40 hours. Judge shall dismiss and note in docket that complaint is dismissed. (Only report to DPS the order of deferred for Alcoholic Beverage Code offenses.) If defendant fails to comply with terms of the deferral, the court shall set a show cause hearing and notify the person by mail at the address on file. At the hearing the judge may, on a showing of good cause, allow an additional period during which the defendant may present evidence of compliance with requirements. If at the show cause hearing or by the conclusion of the additional period the defendant does not present satisfactory evidence of compliance, the judge may enter judgment and impose the fine. The judge may reduce fine previously assessed if the defendant is at least 25 years of age or older and not charged with a traffic offense. If the offense is a traffic offense, the court must report the traffic conviction to DPS. If a defendant fails to appear at the show cause hearing, the court may, after signing a final judgment, issue a capias pro fine. Appeal The entering of the final judgment triggers the requirements for making a timely appeal (Arts , C.C.P.). The entering of the final judgment triggers the requirements for making a timely appeal (Arts , C.C.P.). Page 2 of 2 Funded by a grant from the Texas Court of Criminal Appeals Rev. 08/1 Effective 09/01/11

12 Texas Administrative Code TITLE 37 PART 1 CHAPTER 15 SUBCHAPTER D RULE PUBLIC SAFETY AND CORRECTIONS TEXAS DEPARTMENT OF PUBLIC SAFETY DRIVER LICENSE RULES DRIVER IMPROVEMENT Moving Violations (a) Moving violations are defined as an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance. (b) A list of traffic offenses that constitute a moving violation is available in Table 1. Attached Graphic (c) Table 1 also indicates the moving violations that will be assessed points under the Driver Responsibility Program, Texas Transportation Code (TRC), Chapter 708, Subchapter B. (1) t all moving violations are assessed points under the Driver Responsibility Program, however, they may be considered for Habitual Violator action under TRC, (a)(3). (2) Moving violation convictions that are assessed specific surcharges pursuant to Texas Transportation Code, (intoxicated driver offenses), (driving while license invalid or without financial responsibility), and (driving without valid license including no commercial driver license, driving without the proper commercial license endorsement and driving without the proper motorcycle endorsement), will not be assessed points under the Driver Responsibility Program. Source te: The provisions of this adopted to be effective June 22, 2004, 29 TexReg 5945; amended to be effective vember 28, 2005, 30 TexReg 7889; amended to be effective June 8, 2006, 31 TexReg 4659; amended to be effective July 11, 2010, 35 TexReg 5899 Figure: 37 TAC 15.89(b) Arrest Title Aggravated assault with motor vehicle Allow passenger to stand/sit improperly on a school bus Bus driver failed to activate warning signal/equipment Driver Responsibility Points

13 Bus failed to stop at RR crossing Bus shifting gears while crossing RR tracks Carry motorcycle passenger under 5; except in side car Changed lane when unsafe Child passenger safety seat offense Coasting Coasting (truck, truck tractor or bus, specify) with clutch disengaged Consume alcohol while driving Criminal negligent homicide with motor vehicle--1st or 2nd degree Crossed RR with heavy equipment without notice Crossed RR with heavy equipment without stop (or safety) Crossing fire hose without permission Crossing physical barrier Cut across driveway to make turn Cut corner left turn Cut in after passing Did not use designated lane or direction Disregard solid green turn signal arrow Disregard warning signs or barricades Disregarded flashing red signal (at stop sign, etc.) Disregarded flashing yellow signal Disregarded lane control signal Disregarded no lane change sign Disregarded no passing zone Disregarded police officer Disregarded RR crossing gate or flagman Disregarded signal at RR crossing Disregarded traffic control device Disregarded turn marks at intersection Disregarded warning sign at construction Drive into block where fire engine stopped Driving around barricades Driving under influence Driving under influence (DUI)--minor Driving under influence of drugs Driving while impaired Driving while intoxicated > 0.16 Driving while intoxicated with child younger than 15 yoa

14 Driving while intoxicated--felony Driving while intoxicated--juvenile Driving while intoxicated--misdemeanor Driving while intoxicated--on beach Driving while intoxicated--probated Driving while intoxicated--under 21 Driving while license disqualified--cmv Driving while license suspended under provisions of DL laws Driving while license suspended--sr Drove center lane (not passing, not turning left) Drove on (or across) streetcar tracks where prohibited Drove on sidewalk Drove on wrong side--rr crossing Drove on wrong side of approaching bridge Drove on wrong side of divided highway Drove on wrong side of road Drove on wrong side road approaching intersection Drove on wrong side road approaching RR grade crossing Drove on wrong side road awaiting access to ferry Drove onto (or from) controlled access highway where prohibited Drove through safety zone Drove to left of rotary traffic island Drove without lights--when required Drove wrong way in designated lane Drove wrong way on one-way roadway Endorsement violation CDL Fail stop proper place-flash red signal Fail to control speed Fail to dim headlights--following Fail to dim headlights--meeting Fail to drive in single lane Fail to give hand signals when required Fail to give info/render aid Fail to give one-half of roadway Fail to keep to right on mountain road Fail to pass left safely Fail to pass met vehicle to right Fail to pass to right safely

15 Fail to signal for stop Fail to signal required distance before turning Fail to signal turn Fail to signal with turn indicator Fail to sound horn--mountain road Fail to stop--designated point--at stop sign Fail to stop--designated point--at yield sign Fail to stop and render aid--felony Fail to stop and render aid--misdemeanor Fail to stop at marked RR crossing Fail to stop at proper place (at traffic light) Fail to stop at proper place (flashing red signal) Fail to stop at proper place (not at intersection) Fail to stop for approaching train Fail to stop for school bus (or remain stopped, specify) Fail to stop for streetcar--or stop at wrong location Fail to stop--emerging from alley, driveway or bldg. Fail to use due care for pedestrian Fail to use proper headlight beam Fail to yield at stop intersection Fail to yield at yield intersection Fail to yield for blind or incapacitated person Fail to yield right of way Fail to yield right of way from private road Fail to yield row at open intersection (specify type) Fail to yield row leaving (private drive, alley, building) Fail to yield row on green arrow signal Fail to yield row on green signal Fail to yield row on left at obstruction Fail to yield row to emergency vehicle Fail to yield row to pedestrian at signal intersection Fail to yield row to pedestrian in crosswalk Fail to yield row to pedestrian in crosswalk--no signal Fail to yield row to pedestrian on sidewalk Fail to yield row to pedestrian turning right or left at intersection Fail to yield row--changing lanes Fail to yield row--turning left (at intersection, alley, private road or driveway) Fail to yield row--turning right on red signal

16 Fail to yield to vehicle in intersection Fail to yield to vehicle leaving highway Failed to give way when overtaken Failed to signal lane change Fleeing from police officer Following ambulance Following fire apparatus Following too closely Following too closely--caravan Following too closely--truck Head lamps glaring not adjusted Heavy equipment disregarded signal of train Illegal backing Illegal pass on right Illegally passed streetcar Impeding traffic Improper passing Improper turn Improper turn or stop hand signal Improper use of auxiliary driving lamps Improper use of auxiliary passing lamps Improper use of lighting--hwy. equip. Improper use of spot lamps Improper use of turn indicator Increased speed while being overtaken Interfere with streetcar Intoxication assault Intoxication assault motor vehicle Intoxication manslaughter Intoxication manslaughter motor vehicle Involuntary manslaughter with motor vehicle Lack of caution on green arrow signal Leaving scene of accident Made U-turn on curve or hill Negligent collision commercial driver license (CDL) double trailer endorsement (CDL) driver license

17 hazmat endorsement (CDL) motorcycle endorsement passenger vehicle endorsement (CDL) tank vehicle endorsement (CDL) school bus endorsement (CDL) Obstructed view through windshield Obstructing traffic Open Container DRIVER Operate school bus over passenger design capacity Operate school bus with door open Operate vehicle more than one passenger-minor Operate vehicle where prohibited Operate vehicle with child in open bed Passed streetcar on left without reducing speed or without caution Passed vehicle stopped for pedestrian Passed--insufficient clearance Passengers/load obstruct driver's view or control Passing authorized emergency vehicle Permitted/operated unsafe vehicle Person(s) riding in trailer or semi-trailer Prohibited motor vehicle on controlled-access highway Racing--drag racing--acceleration contest, etc. Ran red light Ran stop sign Reckless driving Restriction violation--cdl Slower vehicle failed to keep to right Speed under minimum Speeding Speeding > 10% above posted speed limit Speeding--15 miles or over (CDL) Speeding--school zone Too many riders on motorcycle Turned across dividing section Turned left from wrong lane Turned right from wrong lane Turned right too wide Turned so as to impede or interfere with streetcar

18 Turned when unsafe Unauthorized use of siren, bell or whistle Unsafe speed (too fast for conditions) Unsafe start Unsafe start from parked, stopped or standing position Use of school bus signal for wrong purpose Use wireless device while driving bus Use wireless device while driving--minor Use wireless device in school zone Veh. hauling explosives (or flammable materials) failed to stop at RR crossing Veh. hauling explosives failed to reduce speed at RR crossing Vehicle without required equipment or in unsafe condition Violate DL restriction Violate DL restriction on occupational license Violate operating hours-minor Violated out of service order Violated out-of-service order hazmat and/or passenger Wrong side road--not passing Wrong side, 4 or more lane, two-way roadway