Ok gente, I apologize for not writing sooner but between
running my office, going to court, and making a lil time for family, it all got
a bit hectic!
So this is going to be the first part of a series of blogs
talking about the various fines and hidden costs associated with traffic
violations. Today, I’m going to start with OMNI fees.
OMNI fees…have you ever heard of them? No? Don’t worry…many
people haven’t. Most people have no idea what one of these bad boys is until they
actually get one, or two…or four.
So, basically, an OMNI fee gets attached to a citation when
it becomes an active warrant. This fee, if not paid, keeps you from being able
to renew your driver’s license. Don’t get this mixed up with the Scofflaw fee
(that’s another blog), where you will be denied the ability to register your
car—this is a completely separate fee!
How can the city do this? Easy. The Texas Transportation
Code Chapter 706 allows those cities that have contracted with DPS, like El
Paso, to deny the renewal of a driver’s license for failing to appear for the
citation or failing to pay or satisfy a court order. (Texas Trans. Code Sec. 706.004).
How much does this cost? Under Texas Trans. Code Sec
706.007, the cost PER citation is $30. That means if you were pulled over and
received four different citations on that stop, and then you later missed court
and received warrants, you’re now on the hook for an addition $120 in order to
renew your driver’s license.
This isn’t the worst part.
Let’s say you hire a lawyer and get those warrants removed.
And later, that lawyer goes to court and for whatever reason, your tickets are
dismissed. Win, right? Well, not exactly. Even though the underlying offense
was dismissed, YOU’RE STILL ON THE HOOK FOR $120.
But…wait…weren’t these tickets dismissed…?
Yep, Texas Transportation Code doesn’t care. The exact
wording for this is:
Sec.
706.006. PAYMENT OF ADMINISTRATIVE FEE.
(a) A person who fails to appear for a complaint
or citation for an offense described by Section 706.002(a)
shall be required to pay an administrative fee of $30 for each complaint or
citation reported to the department under this chapter, unless the person is
acquitted of the charges for which the person failed to appear. The person shall pay the fee when:
(1) the court enters judgment on the underlying
offense reported to the department;
(2) the underlying offense is dismissed; or
(3) bond or other security is posted to reinstate
the charge for which the warrant was issued.
(b) A person who fails to pay or satisfy a
judgment ordering the payment of a fine and cost in the manner the court orders
shall be required to pay an administrative fee of $30.
(c) The department may deny renewal of the
driver's license of a person who does not pay a fee due under this section
until the fee is paid. The fee required
by this section is in addition to any other fee required by law.
How is this fair?? It’s not. It sucks. But don’t expect any
sympathy from the City. While looking up information regarding OMNI fees, I
came across a power point presentation from the Texas Municipal Courts
Education Center. It’s a pretty interesting read; so if you want to see the
whole thing, click here.
But what really caught my attention was a quote by David Marquez, Enforcement
Director for El Paso. “It’s a big stick…these are brand-new moneys coming in.”
Ouch.
Are you really surprised? This is the same city that’s
shaking you down for a $50 parking ticket from the late 80’s.
I’m still looking into this and whether there’s any way
around these fees. Unfortunately, as of now, there isn’t anything we can do. My
advice? Either hire an attorney when you get that ticket, or make sure you don’t
miss your hearing. The cost is so much more than you realize!
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