Law Offices Of Richard C. McConathy

Traffic Offenses

Weatherford Traffic Offenses Attorney

Traffic offenses in Parker County can range from small traffic citations that are payable by a fine to serious traffic crimes that can result in lengthy prison sentences. Although many people who receive a minor traffic ticket may just want to pay the ticket, it is advisable to hire an experienced traffic defense lawyer for even the smallest moving citation.

 

Additionally, not all traffic offenses can be resolved by paying a fine or completing a driving course. Many traffic offenses in Texas can result in serious criminal repercussions, such as imprisonment, payment of surcharges, fines and/or points under Texas’s driving system.

 

If you have been charged with a criminal traffic offense, regardless of the severity, it’s critical to have a strong defense strategy. An arrest does not indicate guilt or mean that conviction will follow. There are many factors that can contribute to the outcome of your case. However, an experienced traffic offense attorney can use these details to your benefit and file pre-trial motions to dismiss the case or suppress evidence.




If you were ticketed or arrested for a traffic offense in Parker County, you deserve to have your voice heard in the case. Make sure you are working with an experienced criminal defense lawyerwho can give you the best chance at the most favorable outcome.

 

You will want to contact The Law Offices of Richard C. McConathy to discuss the specifics of your case. We will be able to sit down with you and go over everything about your case with you in great detail when you call (817) 458-3226 or contact our firm online to receive a free consultation.

Parker County Traffic Offenses

Some of the most serious traffic crimes in Texas are listed below.

 

An individual can be charged with reckless driving under Texas Transportation Code § 545.401 if they operate a motor vehicle on a public road with intentional or careless disregard for the safety or personal property of others. This offense is punishable as a misdemeanor crime.

 

According to Texas Transportation Code § 550.021, an individual can be charged with leaving the scene of an accident, or hit and run, if they were involved in a car accident:

 

That resulted in another person’s death or property damage and
The driver failed to stop their car at the scene of the accident or as close as possible;
The driver failed to stop and didn’t stay at the scene of the accident;
The driver failed to stop without obstructing more traffic than necessary; and/or
The driver failed to stay at the scene of the accident until they exchanged all necessary information with any other people involved with the accident.

 

As defined in Texas Transportation Code § 521.457, an individual can be charged with driving with a suspended license if they drive a vehicle in public in Texas and:

 

Their license was canceled and not reissued;
Their license was suspended or revoked; or
Their license was not renewed and has not yet been reissued.

 

This offense is punishable as a Class C, Class B or Class A misdemeanor.

 

Under Texas Penal Code § 19.04, an individual can be charged with vehicular manslaughter, or vehicular homicide, if they cause the death of another person while recklessly operating their motor vehicle. This offense is generally punishable as a felony of the second degree or first degree.

 

An individual can be charged with racing on a highway, according to Texas Transportation Code § 545.420, if they participate in:

 

A race,
A competition or contest involving speed,
A drag race,
A race to test the vehicle operator’s endurance, or
A contest to make a speed record.

 

An individual can be charged with fleeing or eluding a police officer under Texas Transportation Code § 545.421 if they operate a motor vehicle and intentionally or willfully do not stop the vehicle when signaled to do so by a police officer or flee or attempt to elude a pursuing police officer. This offense can result in a conviction for a Class B or Class A misdemeanor.

Texas’ Driving Point System

As defined in Texas Transportation Code § 708.052, Texas provides for a driving point system that assigns points to each driver’s record for committing certain traffic violations. After accumulating a certain number of points, the driver is required to pay surcharges.

Traffic Offenses2


 

Effective September 1, 2019, the State of Texas has repealed the Driver Responsibility Program – Chapter 708, Transportation Code. The Department of Public Safety has reinstated all driver privileges that were previously suspended solely for having unpaid surcharges.

 

A total of six points will result in a surcharge of $100, which is payable each year to the Texas Department of Public Safety. Additionally, the driver is required to pay $25 for each additional point. Most traffic offenses result in two points, but more serious offenses can result in three points.

 

Under Texas Administrative Code § 15.89, traffic offenses resulting in two or three points can include, but are not limited to:

 

Speeding more than 10% over the posted speed limit
Speeding in a school zone
Running stop sign or light
Reckless driving
Leaving the scene of an accident
Improper passing
Fleeing from a police officer
Failure to yield right of way
Failure to obey traffic signals
Driver with open container
Changing lanes unsafely

 

Certain traffic offenses will automatically result in the required payment of surcharges for up to three years after the commissions of the offense, even if the driver has no other points on their driving record. These offense include the following:

 

Driving without a license – $100
Driving with an invalid license – $250 surcharge
Driving without insurance – $250 surcharge
First DWI – $1,000 surcharge
Second or subsequent DWI – $1,500 surcharge
DWI with blood alcohol concentration level of .16 or more – $2,000 surcharge

 

Points stay on a driver’s record for three years, and their driving record will assessed each year. If the driver has six or more points each year, they will be required to pay the surcharge. An individual’s driving record will be reduced one point per year for each year they do not accumulate any points.

Penalties for Traffic Crimes in Weatherford

Certain traffic offenses can also result in additional penalties beyond surcharges and an assignment of points. These punishments can vary depending on the type of offense, the circumstances surrounding the offense, whether property damage or injury resulted from the offense and whether the alleged offender has other criminal convictions or is a repeat offender. Basic penalties for traffic offenses can include:

 

An individual charged with reckless driving can be convicted of a misdemeanor offense, which is punishable by a fine up to $200 and/or a jail sentence not more than 30 days.
An individual charged with driving with a suspended license can be convicted of a Class C misdemeanor, which is punishable by a fine up to $500; a Class B misdemeanor, which punishable by a fine up to $2,000 and/or a jail sentence up to 180 days; or a Class A misdemeanor, which is punishable by a fine up to $4,000 and/or a jail sentence up to one year.
An individual charged with leaving the scene of an accident can be convicted of a felony of the third degree, which is punishable by a fine up to $10,000 and/or a jail sentence ranging from two to ten years.
An individual charged with vehicular homicide can be convicted of a felony of the second degree, which is punishable by prison sentence ranging from two to 20 years and/or a fine up to $10,000.
An individual charged with vehicular homicide can be convicted of a felony of the first degree, which is punishable by prison sentence ranging from 5 to 99 years or life imprisonment and/or a fine up to $10,000.
Habitual Traffic Violator is a designation reserved for individuals who have been convicted of four or more moving violations in one year, or seven or more moving violations in two years.

Weatherford Traffic Offenses Resources

Texas Transportation Code – Driver’s Licenses and Certificates — Chapter 521 of the Texas Transportation Code provides for the state’s driver’s license laws, including reasons a driver’s license may be suspended and the penalties for driving with a suspended or revoked license. Read about when licenses must be carried and exhibited on demand as well as persons exempt from license requirements. Also read about enhanced driver’s licenses.

 

Traffic Safety Division – Texas Department of Transportation — The Traffic Safety Division oversees the design and placement of signs, signals, pavement markings, lighting and intelligent transportation systems. It also develops traffic safety initiatives aimed at reducing fatalities and serious injuries from motor vehicle crashes. In addition, the division is responsible for the collection and analysis of crash data used to plan highway safety and educational programs to promote safe driving practices, and oversees driver safety programs and campaigns geared toward teen drivers, child safety, sober driving, hurricane evacuation and many other issues.

Contact a Traffic Offenses Lawyer in Parker County Today

Were you arrested or ticketed for a traffic offense in the Weatherford area? Do not wait another moment to get yourself legal help today.

 

The Law Offices of Richard C. McConathy will be able to aggressively defend you against your criminal charge and we can work to try and get those charges reduced or completely dismissed. You can have us sit down with you and really go over your case when you call (817) 458-3226 or contact us online to take advantage of a free consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

DISMISSED
DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
DISMISSED
DWI Breath Test Case, Result Of .224
(Mb0453171)
 
DISMISSED
DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
DISMISSED
DWI, Open Container
(Mb0534487)
 
DISMISSED
2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

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