CS Municipal Court Overcharging for Hands Free Violation?

7,808 Views | 73 Replies | Last: 21 days ago by Hornbeck
maroon barchetta
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It's bad
whoop1995
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AG
91_Aggie said:

agmom95 said:

Just found this from another KBTX article, written by a CStat police officer:

The hands-free requirement applies to anyone using a cell phone while operating a vehicle (including a bicycle) on a public roadway in College Station, which includes typing, sending or reading texts, and making calls. Fine amounts range from $25-$500.

You may pick up your device while driving only if:

You're at a complete stop.
It's an emergency.
You're selecting music on your device. (state requirement)

Does selecting Texags radio count?

That ain't music!!!!


If the Aggies are winning thats music to my ears!! Whoop!
I collect ticket stubs! looking for a 1944 orange bowl and 1981 independence bowl ticket stub as well as Aggie vs tu stubs - 1926 and below, 1935-1937, 1939-1944, 1946-1948, 1950-1951, 1953, 1956-1957, 1959, 1960, 1963-1966, 1969-1970, 1972-1974, 1980-1981, 1983-1984, 1990, 2004, 2008, 2010
Hornbeck
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AG
By the way, Stupe, nice try, but in this particular case, I don't think OP was breaking the law. She was at a complete stop.
Stupe
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S
So this part of your post was just about the OP's stop and not about motorcycle cops in general?

Quote:

The motorcycle guys are out and about for one reason and one reason only, to generate revenue through tickets.
Ok.

Cherry picking your own quote.
Stupe
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S
For the record, I agree that they are there for traffic and revenue.

But I also think they are needed because of the way that a lot of drivers are in this town. I don't have an issue with the city making money off of people being dumb drivers or breaking traffic laws.

Edit: This post is not directed at the OP.
agmom95
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AG
I think no one argues with the city charging for tickets. I think the OP and myself are frustrated with the extra charge for probation that is being used incorrectly in this scenario! This particular ticket does not require probation, but they are telling people it does in order to get the extra money.
woodiewood
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Stupe said:

For the record, I agree that they are there for traffic and revenue.

But I also think they are needed because of the way that a lot of drivers are in this town. I don't have an issue with the city making money off of people being dumb drivers or breaking traffic laws.

Edit: This post is not directed at the OP.
They exist to manage public safety and by doing so it generates revenue. I personally am glad that they are there. I have received six or seven tickets over the years and in every instance, I was in the wrong.

If we didn't have the presence of law enforcement on the streets, the average speed on the streets of town would probably be 60 to 70 mph and people would be ignoring stop signs and intesection lights and we would have a great increase in traffic accidents, serious injuries, and deaths.

legalbird
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Whenever I see people complaining, I always say, vote for elected leaders that reflect your values.
maroon barchetta
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legalbird said:

Whenever I see people complaining, I always say, vote for elected leaders that reflect your values.


Except some of them say one thing to get elected and do another once elected.

We have seen that.
maroon barchetta
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woodiewood said:

Stupe said:

For the record, I agree that they are there for traffic and revenue.

But I also think they are needed because of the way that a lot of drivers are in this town. I don't have an issue with the city making money off of people being dumb drivers or breaking traffic laws.

Edit: This post is not directed at the OP.
They exist to manage public safety and by doing so it generates revenue. I personally am glad that they are there. I have received six or seven tickets over the years and in every instance, I was in the wrong.

If we didn't have the presence of law enforcement on the streets, the average speed on the streets of town would probably be 60 to 70 mph and people would be ignoring stop signs and intesection lights and we would have a great increase in traffic accidents, serious injuries, and deaths.




Nobody here is asking for law enforcement to be removed from the streets.
birdman
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It's more widespread and heavy-handed than people realize.

The people that collect for tickets are very aggressively "up selling". They offer this $50 fee for most traffic tickets. It's obvious the tickets weren't written for safety, only for increases in revenue.

I had a ticket a few months ago. I went inside to pay the ticket. In the 15 minutes that I waited in line, the two workers each made these $50 fee calls repeatedly. That appears to be their only duty. There is just one person processing the tickets.

I had a three-week span between receiving the ticket and paying the fine. In that time, I received two phone calls from City of College Station. I also received 3 or 4 texts from City of College Station. All of them were up selling the $50 fee.
Scruffy
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AG
Water the tree of liberty? [/possible sarcasm
whoop1995
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AG
Hornbeck said:

maroon barchetta said:

Graduation hats for Instagram props aren't going to pay for themselves.


Water tower graphics depicting a water tower aren't cheap, either. /s


Or 3 years of "sponsorships" to an existing business that is doing just fine that is open for two months out of the year totaling over 200k I believe

This is one year or possibly two years of the three
https://wtaw.com/wp-content/uploads/2022/09/CScoun082522SantasWonderlandContract.pdf
I collect ticket stubs! looking for a 1944 orange bowl and 1981 independence bowl ticket stub as well as Aggie vs tu stubs - 1926 and below, 1935-1937, 1939-1944, 1946-1948, 1950-1951, 1953, 1956-1957, 1959, 1960, 1963-1966, 1969-1970, 1972-1974, 1980-1981, 1983-1984, 1990, 2004, 2008, 2010
woodiewood
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maroon barchetta said:

woodiewood said:

Stupe said:

For the record, I agree that they are there for traffic and revenue.

But I also think they are needed because of the way that a lot of drivers are in this town. I don't have an issue with the city making money off of people being dumb drivers or breaking traffic laws.

Edit: This post is not directed at the OP.
They exist to manage public safety and by doing so it generates revenue. I personally am glad that they are there. I have received six or seven tickets over the years and in every instance, I was in the wrong.

If we didn't have the presence of law enforcement on the streets, the average speed on the streets of town would probably be 60 to 70 mph and people would be ignoring stop signs and intesection lights and we would have a great increase in traffic accidents, serious injuries, and deaths.




Nobody here is asking for law enforcement to be removed from the streets.
I was commenting on a previous comment which has been editied that the traffic cops sole purpose is to generate money.
Stupe
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S
Are you referring to my post?

If so, I have never said that their only purpose was to generate revenue. Nor have I ever said that they weren't needed.

The only change that I made with my edit was to be clear that I wasn't calling the OP a dumb driver.
75AG
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AG
Big city newspapers and TV news love stories about how smaller towns try to generate revenue through illegal means. If Texas law allows drivers to pick up their phones while stopped, and if Texas law prohibits these "hands-free" violations from going on a driver's record, and if the CoCS is trying to steal an extra $50 from each violator, this is pretty good stuff.

Of course, KBTX and The Eagle (are they still in business?) can't touch it.
Hornbeck
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That would violate the "gentleman's agreement" the local press has with local entities that hire their colleagues as PIOs when they wanna get out of the news game….
Stucco
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IANAL

TX DPS has multiple types of driving records. Insurers are likely ordering Type 2 which only lists accidents and moving violations.

The list of moving violations is controlled by the state. It contains hands free violations relating to operation of a bus and a minor, but nothing for the less-severe version.
Quote:

USE WIRELESS DEVICE WHILE DRIVING BUS
USE WIRELESS DEVICE WHILE DRIVINGMINOR
I don't see how the city could include or exclude violations from your record based on anything except conviction. I don't see any way the city could get this particular violation on your Type 2 record even if they wanted to.
Tailgate88
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AG
Does anyone know a local traffic attorney who could comment on this?
Stucco
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Stucco said:

IANAL

TX DPS has multiple types of driving records. Insurers are likely ordering Type 2 which only lists accidents and moving violations.

The list of moving violations is controlled by the state. It contains hands free violations relating to operation of a bus and a minor, but nothing for the less-severe version.
Quote:

USE WIRELESS DEVICE WHILE DRIVING BUS
USE WIRELESS DEVICE WHILE DRIVINGMINOR
I don't see how the city could include or exclude violations from your record based on anything except conviction. I don't see any way the city could get this particular violation on your Type 2 record even if they wanted to.
After reviewing it again, I found this listed independently.
Quote:

*TEXTING WHILE DRIVING
However, at the bottom
Quote:

*This is not considered a moving violation for purposes of Transportation Code, 542.304 (a).
TRANSPORTATION CODE CHAPTER 542. GENERAL PROVISIONS (texas.gov)

Which states specifically that an offense under 545.4251 (the hands-free state law) is not considered a moving violation.

I still come to the same conclusion, that there is no way the city could force this onto a Type 2 driving record.
Hornbeck
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AG
But they wanna play shenanigans with their citizens by charging them an extra fiddy to "keep it off". Its despicable.
techno-ag
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Hornbeck said:

But they wanna play shenanigans with their citizens by charging them an extra fiddy to "keep it off". It's despicable.
They charge extra on utilities to pad the general fund, too.
Bob Yancy
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maroon barchetta said:

Councilman Yancy, would you please respectfully comment on the allegations of (yet another) money grab by the city that is affecting your constituents?


I apologize I'm just seeing your request. I'll request some data and provide a more meaningful response later, but for now:

There have been numerous accidents, from fender benders to much more serious, caused by distracted driving. I would imagine that's why you see the "Gig em now, text em later" public information campaign everywhere.

Last week, at the northbound feeder entrance off Midtown Drive, I witnessed a young driver texting on his cell phone as his car drifted into traffic at highway speeds. (Right by the hospital). He realized late what he'd done, turned hard right and caught the wheel rut ditch worn deep by trucks (yes I've reported the rut) and damaged his rear bumper.

About 400 yards later, at the intersection of rock prairie and the feeder, the same guy was texting, head down, as he flew through the intersection, at speed.

I think everyone agrees there is a lot of distracted driving going on that can kill or maim in an instant.

So I will request the data, and I'll look for data trends that might indicate opportunism, but honestly as a father and grandfather I worry a lot about all the people I see who are "busy" in their phones while operating a deadly motor vehicle.

I hope that's fair. It's how I feel.

Respectfully

-yancy
agmom95
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AG
Many of us are not questioning the tickets themselves. We are questioning the extra fee to get it off your record. In other words, the city treating it as a different violation than it actually is, telling people something not true (that this violation goes on your record so you must do deferred judification and pay the fee) in order to get the extra fee.

According to the state, this type of violation does not go on your record, so no need for taking the deferred and no need for the additional fee.

And for people in the department admitting it when others have called in to pay and then removing the fee.

Many have paid the fee and continue to do so.
Bob Yancy
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agmom95 said:

Many of us are not questioning the tickets themselves. We are questioning the extra fee to get it off your record. In other words, the city treating it as a different violation than it actually is, telling people something not true (that this violation goes on your record so you must do deferred judification and pay the fee) in order to get the extra fee.

According to the state, this type of violation does not go on your record, so no need for taking the deferred and no need for the additional fee.

And for people in the department admitting it when others have called in to pay and then removing the fee.

Many have paid the fee and continue to do so.


Efforting an answer as we speak, ma'am. Please stand by.
maroon barchetta
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This.

Anecdotal evidence of poor driving behaviors we all see everyday is a bad look. We just want to know why this fee is imposed.
Bob Yancy
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Bob Yancy said:

agmom95 said:

Many of us are not questioning the tickets themselves. We are questioning the extra fee to get it off your record. In other words, the city treating it as a different violation than it actually is, telling people something not true (that this violation goes on your record so you must do deferred judification and pay the fee) in order to get the extra fee.

According to the state, this type of violation does not go on your record, so no need for taking the deferred and no need for the additional fee.

And for people in the department admitting it when others have called in to pay and then removing the fee.

Many have paid the fee and continue to do so.


Efforting an answer as we speak, ma'am. Please stand by.


It's important to distinguish driving record from criminal record.

The city ordinance violation regarding hands free/cell phones does not go on a driving record, but it is a criminal violation. (Class C misdemeanor)

Many defendants want to be on "deferred disposition" in order to avoid a criminal record/conviction and later expunge the case. There is a $50 charge for that and it does take administrative effort and more work for the court to process it.

I'm told our court clerks are giving defendants all of their options.

For many defendants, later on, they are asked on professional school or job applications whether they have ever been charged or convicted of a criminal offense. Many defendants do not want to have that hanging over their head even for a minor class c criminal offense. (This is also why I was a strong early advocate for ensuring NMT4 violations were civil.)

Were a citizen to be apathetic about having a minor offense, class c, on their criminal record, they are free to pay the base fine and nothing more.

To me, the best thing is for everyone to please put their cell phone down while driving so these crashes, injuries and fatalities can be minimized.

Respectfully submitted,
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
agmom95
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AG
If that is the case- that it's not on your driving record, but an actual class C misdemeanor, they need to be WAY more clear about that. That is a HUGE difference and should be way better explained at both ticketing and at payment. Just casually saying you don't want this on your record, for the majority of us rule followers, means driving record. They need to explain the difference.

Thank you for clarifying and explaining that this City Ordinance violation is a Class C Misdemeanor and is a CRIMINAL violation. Wow! There should be a better way to get this information out to citizens, especially the students.
Hornbeck
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AG
So, the extra fee is to get this off your criminal record? WOW. I'm not against people getting tickets for texting and driving. However, OP was at a red light, stopped. They should not have gotten a ticket at all, according to state law.
Stucco
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Violations are criminal or civil. Almost all traffic violations are criminal. Only a select few are civil, such as parking tickets. Criminal convictions go on your criminal record (and potentially driving record), so yes, anything criminal you just paid the fine on would be on your criminal record.

It sounds to me like the $50 is part of the court costs for deferred disposition, which are permitted. I don't understand why this wouldn't have been clear to the OP though, as deferred disposition obligates the party to a probationary period during which they must avoid additional convictions of a similar nature, or face the return of this original violation.

Bob, as always, thank you for meeting us where we are and providing much needed context.
Bob Yancy
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Stucco said:

Violations are criminal or civil. Almost all traffic violations are criminal. Only a select few are civil, such as parking tickets. Criminal convictions go on your criminal record (and potentially driving record), so yes, anything criminal you just paid the fine on would be on your criminal record.

It sounds to me like the $50 is part of the court costs for deferred disposition, which are permitted. I don't understand why this wouldn't have been clear to the OP though, as deferred disposition obligates the party to a probationary period during which they must avoid additional convictions of a similar nature, or face the return of this original violation.

Bob, as always, thank you for meeting us where we are and providing much needed context.


Thank you. I hope this helps.
agmom95
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AG
Are all cell phone usage violations Class C misdemeanors in Texas or is it because it's a College Station ordinance violation and they've chosen to make it class c? I don't know how that is determined.

Here are typical class c in Texas:

Disorderly conduct.
Criminal trespassing.
Simple assault.
Petty theft or shoplifting of items worth less than $50.
Passing bad checks worth less than $20.
Gambling.
Public intoxication.
Possession of alcohol or tobacco as a minor.

Bob Yancy
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agmom95 said:

Are all cell phone usage violations Class C misdemeanors in Texas or is it because it's a College Station ordinance violation and they've chosen to make it class c? I don't know how that is determined.

Here are typical class c in Texas:

Disorderly conduct.
Criminal trespassing.
Simple assault.
Petty theft or shoplifting of items worth less than $50.
Passing bad checks worth less than $20.
Gambling.
Public intoxication.
Possession of alcohol or tobacco as a minor.




In Texas, the majority of moving violations and traffic tickets are class C misdemeanors.

Respectfully yours,

Bob Y
agmom95
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AG
Good to know. I guess it was confusing because a driving record is different from a criminal record and it doesn't make sense to me how something could go on a driving record but not go on a criminal record and vice versa if they are all class c.


Appreciate your response.
Stucco
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agmom95 said:

Are all cell phone usage violations Class C misdemeanors in Texas or is it because it's a College Station ordinance violation and they've chosen to make it class c? I don't know how that is determined.

Here are typical class c in Texas:

Disorderly conduct.
Criminal trespassing.
Simple assault.
Petty theft or shoplifting of items worth less than $50.
Passing bad checks worth less than $20.
Gambling.
Public intoxication.
Possession of alcohol or tobacco as a minor.


CS passed ORDINANCE NO. 2020-4158 establishing this as a misdemeanor punishable by fine only, making it a class c.

Texas defines it in 545.4251(e) and (f) as a misdemeanor punishable by fine only, making it a class c, unless the violation causes serious injury or death, in which case it can be considered a class a punishable by up to a $4000 fine and a year in jail.
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