The Texas Public Safety Commission adopted changes to the Driver Responsibility Program rules this week, and these will become effective next month.  We’ve written about these surcharges before.   

Attempt to Resolve the Huge Backlog of DWI Cases Across the State of Texas

It seems that criminal judges across the state were the incentive for these new rules, because they were reporting to the TPSC that the notorious two (2) year backlog of DWI cases across the state was due in large part to the DWI Surcharges since those accused of driving drunk and charged with DWI (driving while intoxicated) were opting to take their chances at trial and not take a deal.

Before these changes, Texas drivers convicted of DWI (driving while intoxicated) as well as a couple of other violations (driving without a driver’s license, or one that’s invalid; as well as driving without insurance) had to pay automatic surcharges every year, for three years from the date of conviction.  The surcharge was high: $1,000 a year for three years for a first conviction; $1,500 a year for the second; and $2,000 a year for any conviction with a blood-alcohol content of 0.16 or greater. 

People just weren’t paying these surcharges.  Over $1 billion hasn’t been paid state-wide, because some folk can’t afford these surcharges and others just rebel against them: they’re driving without a license rather than forking over these bucks.

The Changes They’ve Made in Response to $1 Billion Surcharge Receivables and 2+year DWI case backlog

So, here are the changes that are being made under the new rules according to this week’s TPSC press release:

The Amnesty program

• Will apply to individuals who have been in default, and the Department will determine the time in default for each amnesty period
• Will reduce amount to 10 percent of total surcharges owed, not to exceed $250
• Will rescind suspension for those who receive amnesty while payments are being made

The Indigency program:

• Will apply to individuals at or below 125 percent of poverty level, using a sworn affidavit
• Will reduce amount to 10 percent of total surcharges owed, not to exceed $250
• Will rescind suspension for those who receive indigency while payments are being made

The Incentive program will apply to individuals above 125 percent and below 300 percent of poverty level, using a sworn affidavit.

Individuals will pay a reduced amount if all three years are paid in full:

• Pay 50 percent of what’s owed if paid within 30 days after notice
• Pay 60 percent if paid within 60 days after notice
• Pay 70 percent if paid within 90 days after notice

OR

• Reduced payments for continued compliance
• First year, pay 100 percent
• Second year, reduced by 50 percent
•  Third year, reduced by 75 percent

The programs will be phased in over several months, with the Amnesty program being implemented during tax season. The Indigency program will be implemented immediately after the Amnesty period ends. The Incentive program will be evaluated for implementation.

Today, the Texas Public Safety Commission continues its hearing all about the current Texas Driver Responsibility Program, which many (as in, many criminal judges) are reporting is the reason that there is around a 2 year backlog of DWI cases across the state — because those accused of driving drunk and charged with DWI (driving while intoxicated) are wanting trials and not taking a deal.  Seems the Program’s DWI Surcharges are causing lotsa problems out there.

What’s the DWI Surcharge? It’s Thousands of Dollars and It Covers 3 Years AFTER the DWI Conviction 

Right now, Texas drivers convicted of DWI (driving while intoxicated) as well as a couple of other violations (driving without a driver’s license, or one that’s invalid; as well as driving without insurance) must pay automatic surcharges every year, for three years from the date of conviction.

And it isn’t cheap: for a DWI conviction, the surcharge is $1,000 a year for three years for a first conviction; $1,500 a year for the second; and $2,000 a year for any conviction with a blood-alcohol content of 0.16 or greater. That’s big money, right?

People Aren’t Paying the Surcharges

It’s not news to those involved in DWI work that people aren’t paying these surcharges.  However, everyone may not know that state-wide, over $1 billion hasn’t been paid.  One billion dollars in unpaid surcharges – no wonder they’re having some hearings down in Austin.

Why aren’t people paying? 

Some can’t afford it.  Some think it’s just wrong or stupid to be asked to pay for up to three years after they’ve already been convicted.  They’ll just drive without a license rather than fork over the surcharge.

Surcharges and DWI Trial Backlogs also Impact Pending DWI Cases: Dismissals, Lesser Offenses

In the face of balloon-bursting DWI trial dockets, criminal judges and prosecutors have become creative in how to deal with drunk driver cases that are brought before them.  Judges are dismissing more cases, and lots of DWI cases are getting lesser charges — like reckless driving. 

And apparently, dismissing cases and negotiating down to lesser charges isn’t solving the DWI docket program — or the problem that there’s a $1 billion dollar account receivable on the State Budget.   You go figure which is the driving factor here.

Hearing Continues Today

Whatever the impetus, the hearing is continuing today.  According to Grits for Breakfast, most everyone there is hankering for a change.  The only ones that like things the way they are, apparently, are hospital representatives.  They want to maximize money from surcharges going to hospital trauma centers.  

Let’s watch and see what happens….

Tim Cole did not rape the Texas Tech student over in Lubbock, back in 1985.  Jerry Wayne Johnson, according to his own confession as well as DNA evidence, committed this crime. 

Didn’t matter.  Tim Cole was arrested, charged, convicted, and imprisoned for the girl’s rape.  One day, Tim Cole was a student with a future at Texas Tech University.  The next day, he was a criminal — and he never had his second chance. 

Tim Cole died from complications due to asthma, still maintaining his innocence, in 1999.  He was 39. 

Now, 11 years later, Tim Cole’s family still seeks justice on his behalf.  They want Tim Cole to be pardoned by the Governor, even if it will be posthumously.  At first, Governor Rick Perry said he couldn’t do it — that the Governor is only allowed to pardon in cases of treason or impeachment, and legally his hands were tied.   This, according to Attorney General Greg Abbott.

The Governor May Still Issue a Pardon for Tim Cole

Now, The Texas Board of Pardons and Paroles may open the way to the elusive pardon, based upon an application filed by the Innocence Project of Texas.  Included within that application is the official clearing of Tim Cole’s name by an Austin state district judge.  The Texas Board will then issue a recommendation that Cole be pardoned to Governor Perry, who has already implied he’s going to pardon Tim Cole based upon the Board’s recommendation.

The Tim Cole Act – One Good Result From This Travesty of Justice

While the Cole family hasn’t taken any compensation from the Tim Cole Act, one good thing that has resulted from their efforts to bring justice to Tim Cole has been the passage of the Tim Cole Act.  Under this law, wrongly convicted individuals are compensated by the State of Texas as follows:

1. $80,000 for each year of incarceration; and
2. $80,000 lifetime annuity (variables here on life expectancy and other things).

Condolences to the Tim Cole Family – and Congratulations, too

Continued sympathies to the family and loved ones of Tim Cole, especially his mother Ruby Session, and heartfelt congratulations on a fight well fought.  And, tip of the hat to Austin District Judge Charlie Baird (who has also served as a justice on the Texas Court of Criminal Appeals) who had the integrity and courage to issue the first posthumous DNA exoneration judgment in the state’s history.