Texas Traffic Violations
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Table of Contents
A traffic violation in Texas is any action that breaks state traffic laws. This ranges from minor infractions like speeding and running a red light to serious offenses such as DWI. Minor traffic violations are typically dealt with by municipal or justice of the peace (JP) courts, whereas serious offenses like reckless driving and DWI are managed by County Courts at Law and District Courts.
What Is Considered a Traffic Violation in Texas?
In Texas, a traffic violation refers to any breach of traffic laws. This happens when someone driving a vehicle does not adhere to specific rules established by theTexas Transportation Code.
Traffic violations in Texas are classified as either infractions or misdemeanors based on the type of offense. Examples of infractions can include speeding, expired vehicle registration, and driving a vehicle that needs repair. On the other hand, misdemeanor traffic violations include hit and run, reckless driving, and driving under the influence.
Types of Traffic Violations in Texas
There are many kinds of traffic violations in Texas, including:
- Speeding / too fast for conditions.In Texas, speeding constitutes a Class C misdemeanor punishable by a maximum fine of $500.
- Running a red light or stop sign / disobeying devices. Running a red light is also a Class C misdemeanor in Texas. Offenders may pay a fine of up to $200.
- Driving without a license or while suspended. Licensing actions arise under Chapter 521; convictions can prompt DPS administrative suspensions.Texas Statutes
- Driving without insurance. Texas requires 30/60/25 minimum liability coverage (per person/per crash/property).Texas Department of Insurance
- Reckless driving. Reckless driving is a Class B misdemeanor in Texas. This offense is punishable by a fine of up to $200 and/or 30 days in jail.
- Distracted driving.It is against the law to text while driving in the entire state (fines can be as high as $200). Using your phone without a hands-free device is not allowed in school zones, and several cities have their own rules that also prohibit handheld use.
- DWI (Driving While Intoxicated). This is a criminal offense according to Penal Code Chapter 49. There are more serious charges like DWI with a child in the car and intoxication, assault, or manslaughter.
Traffic Violation Penalties in Texas
Fines and court costs can differ based on the court and the offense. Local schedules for tickets that can be waived are published by cities and counties; however, some charges will require you to appear in court.
License suspensions can happen due to being a habitual violator or actions taken by the department. A driver is considered a habitual violator if they receive 4 or more moving violation convictions within a year or 7 or more in two years, which allows for suspension under Transportation Code §521.292. Even if the state does not have a point system, the Department of Public Safety (DPS) is required to suspend licenses for specific patterns or offenses. The DPS will also suspend licenses for violations such as driving while a license is invalid (DWLI), serious accidents, and actions taken in other states.
DWI and Administrative License Revocation (ALR) suspensions are separate from any criminal cases. If you fail a test (0.08 or higher) or refuse to take it, ALR will follow: 90 days for the first failure or 180 days for the first refusal, which can increase to 1 to 2 years if there are prior offenses. Hearings are held at the State Office of Administrative Hearings (SOAH).
State law prohibits texting while driving, with fines that can go up to $200. Many cities also impose bans on handheld devices and higher local fines. Using handheld devices in school zones is banned across the state.
Texas has minimum coverage requirements of 30/60/25; having convictions and suspensions usually leads to higher insurance premiums.
Many eligible moving violations can be dismissed if you complete an approved DSC course. However, this must be approved by the court. Generally, you must (1) enter a plea, (2) pay court costs, (3) file an affidavit stating you have not used DSC in the last 12 months, and (4) submit a Type 3A certified driver record. Note that CDL holders and certain offenses are not eligible.
How to Search for Traffic Violation Records in Texas
A) Court tickets & dockets. Texas does not have a single statewide trial-court ticket portal. Instead, you can use one (or more) of the following options:
- County/City portals. Most counties and large cities offer searchable dockets and online payment options (for example, Dallas County and Harris County). Your citation will indicate which municipal or JP court is handling your case.
- re:SearchTX (free registration). This is a statewide portal that pulls information from the e-filing system. It works best for district and county courts, while coverage for municipal and JP traffic varies. However, it serves as a helpful starting point for cross-county searches.
Court portals usually display the citation or case number, the statute you are charged with, the disposition, and financial details.
B) Your official driving record (MVR). Order from DPS online (instant PDF) or by mail. Types include:
- Type 3 (which includes all crashes and violations), Type 3A (certified; necessary for DSC), and Type AR (certified abstract of the complete record). The fees and eligibility for requesting each type are detailed on the DPS website.
How Long Do Traffic Violations Stay on Record in Texas?
Texas has stopped using "points system." However, there are two important timelines to keep in mind:
- The DPS can suspend your license for repeated violations based on counts of convictions over 12 or 24 months. There are also separate ALR suspensions that can last from 90 days to 2 years, depending on whether you failed or refused a test and your previous offenses.
- You can obtain DPS driver records from the Texas Department of Public Safety. The DPS driver records show all reportable crashes and violations, and suspensions. Insurers usually look at records from the past 3 to 5 years, but this is more about their underwriting choices than any legal rules about how long to keep records.
- Texas requires liability coverage of $30,000 for injury to one person, $60,000 for injury to multiple people, and $25,000 for property damage. This is often referred to as "30/60/25". Many drivers choose higher limits to protect themselves in case of serious accidents.