Hi,
I had a question related to the Teas drivers surcharge program related to DWI's. I am not, and have never been a Texas resident. I have been a lifelong resident of Massachusetts. I was visiting Texas back in 2005 and received a DWI. I was tried and convicted. I completed all my court requirements; classes, fines, community service and probation. This week I received a letter from Massachusetts DMV, stating my license was to be suspended because Texas has notified them of a suspension in Texas. I called Texas and was told it was do to unpaid surcharges of $1040 a year totaling $3120.00 unpaid. They couldn't find me in the system, but eventually found me with a bogus number under license #. They said that I shouldn't have to pay driver surcharge in the state if I never had a license there or was ever a resident. I called the court but was told it has nothing to do with them, but that maybe it was a mistake when the court processed the paperwork. Should I have to pay this surcharge? and should my Mass license be suspened for a suspension in Texas that has appartently been in effect for 6 years? If not then I would be looking for some legal counsel to help me resolve this matter.
Thank You in advanced for your help
1 Answer from Attorneys
Because you do not and have not had a Texas license, you should not have to pay the Texas surcharge. Once you completed everything - took the class, paid the reinstatement fee, then you were in good standing with Texas, which means that you should be in good standing with Massachusetts. (States recognize each other's suspensions and honor them. But, you did everything you were supposed to do in order to have your license in good standing. The surcharge, as I understand it, is like a tax on the Texas license for the 3 years following the convction. It should not apply to an out of state license.)
The court does not have anything to do with this. This is strictly an issue with DPS. You will have to clear the matter up with them. Once the matter is cleared up with Texas, then they should release the claim that they have suspended your license and Massachusetts should lift the suspension, too.
If you cannot get it cleared up on your on, you might try calling Charles Stanfield in Houston. He is super knowledgeable about driver's license matters.
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