Common Questions about Traffic Tickets

 

(click questions below to reveal answers)
1. Should I hire an attorney to defend my traffic ticket?
This cannot be answered by a simple “yes” or “no”. Every case has to be evaluated on its own merits. If the question is whether you should consult an attorney about defending your traffic ticket, the answer is clearly “yes”, particularly when the initial consultation is free of charge. I can identify technicalities and other weaknesses in the state’s case that may persuade the prosecutor or judge to dismiss the case. If you hire a lawyer and if there are no legal or factual grounds for dismissal, the prosecutor may be more willing to work out a reasonable agreement on your case than if you represent yourself. Representing yourself in court is usually a bad decision. It will be you against a trained, skilled and knowledgeable prosecutor, who regularly practices before the Judge. A call to Scott Markowitz at (713) 521-7568 will enable you to make an informed decision based on the circumstances of your particular situation.
2. How do traffic tickets affect my driver’s license?
That depends on the particular violation. Some traffic violations will have no effect. However, a conviction for some violations may result in one or more of the following:

1. Higher insurance rates.

2. Points on your driving record.

3. Surcharges.

4. License suspension/invalidation/revocation.
3. What is a moving violation?
A moving violation is defined by law 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 ordinance.

Some of the more prevalent moving violations are Speeding, Red Light (non-camera), Lane Change violations, Fail to Yield Right of Way, Fail to Signal, Stop Sign, Disregard Traffic Control Device, Fail to Control Speed, Drive While License Suspended, Invalid or Revoked, Follow Too Close, Illegal Pass.
4. How will my ticket affect my insurance premiums?
This will depend on the particular violation and your particular insurance company. Sometimes a conviction for a single ticket will have no adverse effect, but most individuals want to keep their driving records clean of any moving violation to be in the best possible financial position when obtaining or renewing insurance. There is a “rule of thumb” that if an insurance company increases premiums as a result of a conviction, the increased cost can be calculated by the amount of the fine + 50 x 5. For example, if the fine is $150, add $50, which would total $200, times five = $1000. That is the amount of increase that an individual may pay in additional premiums over the next five year period. In addition to increase of insurance premiums, a conviction for a moving violation can result in “points”, surcharges, or even suspension of license.
5. I missed my court date and there is a warrant for my arrest. What can I do?
Contact Scott Markowitz about posting a bond to release the warrant and obtaining a new court date. Missing court can result in a warrant for your arrest, filing of a new charge for Failure to Appear, DPS putting a hold on your driver’s license which will disable you from renewing your license, or your driving privileges may be revoked or invalidated.
6. Do you represent individuals charged with other offenses?
Yes. Examples of other Class C non-traffic offenses are:
Possession of drug paraphernalia
Public Intoxication
Open Container
Driving under the Influence – Minor
Minor in Possession – alcohol
Minor Consuming Alcohol
Minor in Possession – tobacco
Assault
Theft
Disorderly Conduct
I also defend individuals charged with Class B and Class A misdemeanors and felony offenses.
7. Should I take a defensive driving/driver safety course to get my ticket dismissed?
For most moving violations, a Driver Safety Course (DSC) can be taken to dismiss a single ticket if a DSC has not been taken within one year from the date of the citation. A DSC is not available for all moving violations. For example, a DSC is not available for those that hold a CDL, or if the violation is for speeding in a construction zone with workers present. The workers don’t have to be visible, but just present anywhere in the zone.

Even if you are eligible to take the DSC, it may not necessarily be the best way to dispose of your case. You are encouraged to consult with Scott Markowitz to determine whether a DSC is the best method of resolving your ticket. Call (713) 521-7568 for your free initial consultation.
8. Do you handle traffic violations outside Gulf Coast?
Yes. I can represent individuals for traffic tickets in any court in the State of Texas, and in some cases, in other states. Some of the more common jurisdictions are:

Gulf Coast
Justice of the Peace courts
City of Conroe
City of Magnolia
City of Montgomery
Oak Ridge North
Willis
Roman Forest
Splendora
Woodbranch Village

Harris County Justice of the Peace and all Municipal Courts

San Jacinto County Justice of the Peace Courts
Coldspring
Point Blank
Shepherd

Liberty County Justice of the Peace Courts

Waller County Justice of the Peace Courts
Brookshire
Hempstead
Prairie View
Waller

Brazoria County Justice of the Peace Courts

Galveston County Justice of the Peace Courts

I-45 Corridor to Dallas
Corsicana
Ellis County
Walker County
Madison County
Leon County
Freestone County
Navarro County

Grimes County Justice of the Peace Courts

Ft. Bend County Justice of the Peace Courts

9. I asked the officer to see his radar but he refused. Does he have to show me the radar?
No, the officer is not required to show you his device, and usually will not do so.
10. I received a red light camera ticket in the mail. Should I pay it?
You have a right to contest a red light camera ticket but I usually advise an individual to just pay it. Even if you were not driving the vehicle when the picture was taken, I recommend that you pay it. By state law, the penalty is assessed against the vehicle and its' registered owner, not against the driver. It's not worth fighting it because the cost to pay it is relatively modest when compared to the cost of hiring an attorney to fight it, and since there are no consequences to your driving record if it is paid . A red light ticket is not the same as receiving a red light ticket from an officer, in that the camera ticket will only result in a civil penalty but is not reported to your driving record nor will it affect insurance in any way. Be aware, however, if you don’t pay the ticket, you may not be able to renew the registration on your vehicle when it becomes due.