dwli defense

The Texas "Surcharge" Program: Time for the Legislature to Abolish It

Drivers Responsibility Program:  Time for the Legislature to Abolish It

 

On January 30, 2018, the Texas Legislature’s Senate Finance Committee had a hearing on Texas’ Driver Responsibility Program, known as the “Surcharge Program”.  Senator John Whitmire very eloquently reminded the Committee’s members that they are “blessed” and that they can’t lose sight of the millions of Texans who live “day to day”.  I cannot emphasize enough how true this is.

 

The DRP, or “surcharge program”, has had devastating consequences to poor and lower income Texans. 

 

The Texas Criminal Justice Coalition has found that due to the surcharge program:

 

·         There are 1.3 million Texans driving on a suspended license because of surcharges.  These Texans have a harder time insuring their vehicles and when they get in accidents the other driver is left with no possibility of recovery for the damages. 

 

·         More than 50% of the Texans with suspended licenses have lost jobs or been denied jobs because of their suspended licenses, which hurts our state’s tax base and hurts their families.

 

·         Texas counties are left paying for enforcement of Driving While License Invalid cases – in some counties 1 in 5 misdemeanor cases are DWLI.  This costs all of us.

 

This is just some of the reasons why this program needs to be abolished.  It is a regressive tax on the poorest Texans.  It is a consequence assumed when unsophisticated Texans just “pay” a ticket for Failure to Maintain Financial Responsibility or DWLI instead of asking for a deferral.  It is a second penalty when people have already paid the fine allowed under the law.  It is fundamentally unfair and unjust.

 

Let’s put some pressure on the Texas Legislature to abolish this essentially regressive tax on the people who can least afford it – one that brings with it a whole set of economic consequences that are costing us all.

What is an SR-22?

What is an SR-22?

 

Lots of my clients have to get an SR-22.  I will briefly explain what that is here.

 

An SR-22 is a high-risk, high-liability insurance policy that is required when one does not have a valid Texas driver’s license.  If you are driving with an occupational license, you are required to keep an SR-22.  Also, if you don’t have a driver’s license and cannot get one due to the inability to prove residency, an SR-22 may be the only kind of insurance policy you can get. 

 

An SR-22 is a liability insurance policy, which means it will cover other drivers who have damages due to your causation of an accident. 

 

What makes it different, and why it is required if you have an occupational, is that it is a liability insurance policy the state monitors very closely.  If you do not pay your premium, and you fall out of coverage, the insurance company is required to call DPS and make sure they know that you do not have insurance. 

 

If you are driving on an occupational, the validity of your occupational is directly dependent on having an SR-22.  If you do not stay current on your SR-22 while you have an occupational, if you are pulled over and asked for your license, the police will know that YOUR OCCUPATIONAL IS INVALID.  Although you can still show proof of your occupational, you will still likely be cited for Driving While License Invalid because you do not have a valid occupational.

 

If you’ve had more than two convictions for failure to maintain financial responsibility, you will be required to get an SR-22 for two years.  You will not have to get an occupational; you will be allowed to keep your regular license.  However, if you cancel or fall out of coverage with your SR-22, your license will be automatically suspended. 

 

What does this mean?:

 

If you are required to get an SR-22, YOU HAVE TO KEEP PAYING ON IT UNTIL YOU DO NOT NEED IT ANY LONGER.  Getting it for one month and then letting your coverage lapse is not going to work.  Your license, whether an occupational or a regular license, will not be valid if you let your SR-22 lapse.

 

If you are looking to get an SR-22, call a small, mom-and-popprovider.  Do not go through your regular provider, especially if you go through a large carrier.  It will be more expensive, for one, and second your rates will go up if your regular carrier knows you need an SR-22.