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TomballD
06-13-2011, 03:48 PM
Fresnel,
I received a violation for supposedly running a red light at 45 & FM 518 on 5/21/11. I am curious as to what my options are with this violation, I watched the video and kind of did a California stop.

wackjum
06-13-2011, 04:14 PM
I'm assuming you mean that you were making a right turn and rolled through the turn on a red light. Unfortunately that is illegal.

The only thing you can do is make sure that the violation notice you received conforms with every requirement set in Texas Transportation Code Sec. 707.011. Those businesses have it down to a formula I'm sure. But you never know and maybe nobody has ever called them out on it.

Texas Transportation Code Sec. 707.011

(a) The imposition of a civil penalty under this chapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the local authority seeks to impose the civil penalty.

(b) Not later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) shall mail the notice of violation to the owner at:

(1) the owner ’s address as shown on the registration records of the Texas Department of Motor Vehicles; or

(2) if the vehicle is registered in another state or country, the owner ’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Motor Vehicles.


(c) The notice of violation must contain:

(1) a description of the violation alleged;

(2) the location of the intersection where the violation occurred;

(3) the date and time of the violation;

(4) the name and address of the owner of the vehicle involved in the violation;

(5) the registration number displayed on the license plate of the vehicle involved in the violation;

(6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;

(7) the amount of the civil penalty for which the owner is liable;

(8) the number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period;

(9) a statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and

(10) information that informs the owner of the vehicle named in the notice of violation:

(A) of the owner ’s right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing;

(B) that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under Subdivision (8); and

(C) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner ’s right to appeal the imposition of the civil penalty.


If the notice you received doesn't contain each and every one of those things, then file a request to dismiss for lack of jurisdiction.

TomballD
06-14-2011, 08:45 AM
Thanks, I will verify the violation is in compliance with those requirements. From what I understood these violations are not neccesarily issued at the same level as a ticket from an officer, but I dont think thats true. So if I choose to ignore this citation will ot result in a warrant, or just witholding of my registration? I will end up taking care of it, just curious.

TomballD
06-14-2011, 08:52 AM
Ok sorry, I just read the fine print and it states an arrest warrant will not be issued, but if it is not paid it could be turned over to collections or registration can be withheld. I remember the currrent tax assesor collector stating a while back that he would NOT withold registration for red light tickets.

wever411
06-14-2011, 08:55 AM
Ok sorry, I just read the fine print and it states an arrest warrant will not be issued, but if it is not paid it could be turned over to collections or registration can be withheld. I remember the currrent tax assesor collector stating a while back that he would NOT withold registration for red light tickets.

i wonder if this can be found online or written somewhere. got a red light ticket awhile back and paid it. this may come in handy in the future.