Texas Defensive Driving Blog

As you might have learned if you have a taken a Texas defensive driving course recently, authorities across the U.S. use Blood-Alcohol Content (BAC) to determine if you have had too much to drink while operating a motor vehicle.  The legal limit is .08%, so if you get pulled over or are in an accident and get tested (blood or breathe) and you return a result of .08% you have broken the law.  However, if you test out at less than the legal limit, by law you are considered safe to be driving.  Recent research questions that notion, and shows that for their own safety drivers should think twice before driving even if they have had as little as one drink.

This topic has been at the front of the news recently, with the tragic death of Ryan Dunn of MTV’s Jackass fame.  He sadly lost control of his sports car after reportedly drinking and hanging out with his friends, crashing into a group of trees where his car burst into flames killing himself and one passenger.  His BAC at the time of the crash was .196% – well above the legal limit.   The question being asked now, is whether or not a driver that has had anything to drink should be driving?  A recent report out of the University of California – San Diego would say the answer to that question is “no”.  Their research found that a driver that has had as little as one alcoholic beverage is more likely to be involved in a vehicular crash than a completely sober driver.  They also note that as the BAC of a driver increases their probability of crashing and the severity of a crash increases. For example, a driver with a BAC of .01% (the equivalent of a 180 lb person consuming one drink in a 2 hour period) was more likely than a driver with a BAC of .00% of being in a crash, and the severity of the crash (in terms of injuries and fatalities) was worse for the driver at a .04% BAC.  Their data showed that the severity of the crash increased by 37% for a driver at .01% BAC as compared to a sober driver.  Here are some statistics that back up their findings:

In the last year of their research there were 50,430 vehicles, and 84,026 people involved in fatal traffic crashes.  Of these, there were 37,261 fatalities, and 10,048 incapacitating injuries.  A high BAC was the leading risk factor in these crashes. When studying this crash data they found that for every .01% that a driver’s BAC increases, so did the driver’s average speed and the severity of the crash.

It may be this type of data that has other countries with lower BAC laws.  For example, Sweden has a BAC law limit of .02%, while Japan has a limit at .03% and Germany (home of the Autoban) is at .05%.

Should we consider lowering our BAC limits, or is the responsibility on the drivers and education is key to limiting these terrible crashes?

Let me know what you think?

Filed under: Drinking and Driving by troyc
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On Friday June 17th 2011, Texas Governor Rick Perry vetoed a law that passed the state legislature that would have made reading or sending text messages while driving illegal statewide.  This was one of 23 bills the Governor vetoed on Friday.   The texting while driving legislation was authored by Tom Craddick (former house speaker), who felt that this law was needed as a public safety measure in an attempt to decrease the number of traffic crashes resulting from texting while driving.  The law would have been a first statewide law that dealt specifically with a type of distracted driving, and was intended to protect those sharing the roads with drivers willing to participate in these dangerous activities while behind the wheel.   

Governor Perry obviously didn’t feel that the law was necessary, calling it an “overreach”  and a “government effort to micromanage the behavior of adults.”  He went on to say, “The keys to dissuading drivers of all ages from texting while driving are information and education,” as he mentioned in his veto statment. “I recommend additional education on this issue in driving safety and driver’s education courses, public service ads, and announcements, and I encourage individuals and organizations that testified in favor of the anti-texting language included in this bill to work with state and local leaders to educate the public of these dangers.”

It is my opinion that this law was well intentioned and I would not have had any issue had the Governor signed it into law.  However, I believe that enforcement would be the issue with such a law.  How would a police officer know if a driver is sending or receiving a text message or scrolling through their contacts to find the person they would like to make a call to?  The answer is that they wouldn’t.  With that in mind, I do think that a texting ban law statewide would make some drivers think twice before taking their eyes off the road to send or receive a text, but to properly enforce this type of behavior it would require a much broader brushed approach which would require the ban of cell phone use while driving completely unless hands free.  I am not saying that I am in favor of such legislation, but I am saying it is necessary if lawmakers truly want a law to curtail cell phone based distractions behind the wheel (including texting), and most importantly, in a way that police can enforce.  What do you think of of the Governor’s decision?

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Numerous sources are reporting that Texas lawmakers have passed a law that would put a statewide ban on text messaging, emailing, or instant messaging while driving.  To become law, Governor Rick Perry has 20 days to either sign the bill, or allow it to become law without signature.  The law made it through the State Senate with a 28-3 vote in favor after making some revisions to an earlier bill by adding some tougher language.  The earlier bill would have made it illegal to send text messages, but allowed drivers to receive and read them.  Many lawmakers determined that this distiction would be far too difficult to police and it was the opinion of many safety officials that any new laws covering this topic shoud do more to limit the number of vehicle crashes resulting from distracted driving.  According to the National Highway Traffic Safety Administration (NHSTA), the number of traffic related fatalities caused by distracted driving rose from 10 percent in 2005 to 20 percent in 2009, and this new law would hopefully improve those numbers.  

Many will argue that violations of this law will be very difficult to prove.  How will police officers be able to dicern if a driver is sending or receiving a text message or opening their smartphone to load their favorite application or scroll through their recently missed calls?  The answer to that question, is that they won’t.  However, adding statute that makes these activities illegal should curb some people from doing it.  The law does have some exceptions however.

Drivers are still authorized to use hands free technology and make and receive phone calls.  Those workers whose job require texting back and forth to a dispatcher is allowed as well. 

Seems to me that this is going to be a very difficult law to manage.  I agree with the intentions and the reasons for the law, but I am not sure that it will be successful.  It seems to me that the only true way to avoid distraction free driving in a way that law enforcement officials could enforce would be to eliminate any cell phone use while driving.  Let me know what you think?

Filed under: Safe Driving, Uncategorized by troyc
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Lawmakers are finding their efforts to enact tougher drunk driving laws in Texas to be a tough road.  Texas has traditionally been a state where lawmakers are very reluctant to create laws that would encroach the civil liberties of its residents.  However, according to Mothers Against Drunk Driving, Texas ranks seventh in traffic deaths related to DUI, with 1235 fatalities annually.  Roughly 40% of the road deaths are related to driving under the influence.  This is a problem, but the question is how serious are we about trying to fix it?

There are numerous bills that have been proposed this legislative session in Austin that have the intent of putting some new laws in place that would try to decrease the number of DUI offenses and related fatalities across the State.  One of them (House Bill 439) would allow the Texas Department of Public Safety and other law enforcement agencies to create checkpoints along highways or streets to test drivers level of intoxication.  Another bill (House Bill 506) would require all convicted DWI offenders (including first time offenders) to put an ignition lock on their vehicle that they blow into to test for the presence of alcohol before allowing the engine to start.  Other bills being proposed would increase the penalties and revoke the drivers license for multiple offenders.

These bills may seem like good ideas, but their sponsors are finding it tough to gain support.  Although Texas is one of only 12 states that currently do not authorize sobriety checkpoints, most don’t see it happening any time soon.  Many representatives are concerned about the inconvenience that check points would create, and they voice their opinion that in many cases, police have too many reasons to pull over drivers already.  Representative Todd Smith from Euluss (the author of the checkpoint bill) said “There’s a false perception that these are going to be frequent and common inconveniences to the non-drinking public.”  Mr. Smith notes that most stops would take less than a minute and it is his opinion that it would make for safer roadways for all drivers.  Opponents, such as Matt Simpson of the ACLU mentions fourth amendment rights that prohibit unwarranted search and seizure, and feels that authorizing such activities would be a slippery slope.  Others against checkpoints feel that it is simply an invasion of privacy at the simplest level.

With State budgets running in the red, the ignition device bill has the toughest hill to climb since it would require state monies to monitor offenders and pay for the associated costs.  With a 23 billion dollar shortage facing Texas legislators, passing such a bill would be nearly impossible.

Agreement on the methods to affect this problem positively may be in question, but there is no disputing the problem.  What laws would you propose to help fix these unnecessary drunk driving accidents and fatalities?

Filed under: Drinking and Driving by troyc
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A Bill just passed the House in the Texas Legislature without opposition that would get rid of the 65 miles per hour night speed requirements and would increase the limit to 75 on some non-urban state highways.  Other proposed legislation would allow speed limits of up to 85 miles per hour on future highways.  Those legislators in support of removing the night speeds have suggested that it is outdated and was used when headlights were not equipped to handle higher speeds. 

Obviously this legislation has not officially passed, but what is surprising is that it passed the house without opposition.  One would assume that there are many safety advocacy groups (including insurance companys and others) that may disagree with the premise that raising the speed limits will not equate to more traffic crashes.  Even if the safety studies determine that more accidents are not more likely by increasing the speed, the concern should be that drivers will continue to go  the customary 5-10 miles per hour over the posted speeds which we know will cause more severe results when there are vehicle crashes, even if they are not more frequent.  

What is your opinion?  Are you in favor of increased speed limits?

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Adult Driver Education Rule Change for Texas

Next week marks the one year anniversary of the new Texas law affecting first time driver license applicants ages 18 to 24, which stipulates that they must complete a six-hour adult driver ed course approved by the Texas Education Agency before they can get their license, so I thought I would go over this new requirement a bit. 

Previously, anyone seeking to get their first driver’s license in Texas who was 18 years of age or older was not required to complete any state mandated driver education course.  This was in stark contrast to the requirements put on younger drivers in Texas (15 to 17 year olds), which stipulate the completion of a 32 hour driver education course prior to receiving a license . The teenage driver educaton curriculum is 32 hours of classroom material, 7 hours of observing another student on the road, and 7 hours of behind the wheel training.  A teenage driver education course can be taken in some high schools (although the number of schools offering this is dwindling), but most are now being taught in commercial driving schools and through relatively new “Parent Taught” programs.  Parent taught programs allow the classroom curriculum be taken online and the behind the wheel and observing phases of the class are conducted by a parent or guardian.  So as you can see, there was quite a difference in the educational requirements on a 15 to 17 year old trying to get their first drivers license from those 18 years of age or older, prior to the new adult driver education law being passed in 2009. 

Bringing more Education to New Drivers

After much lobbying by driving schools, the State of Texas lawmakers agreed that many teenagers where escaping this educational requirement in addition to many of the new restrictions being placed on them.  For example, drivers ages 15 to 17 cannot drive between the hours of 12 midnight and 5 AM.  Also they cannot have more than one non-family member in their vehicle for the first year after receiving their license.  The solution to getting around all of this for many teenagers was just to wait until they turned 18 to get their license.  The State of Texas felt strongly that there needed to be additional education requirements put on first time drivers, so they enacted the new Adult driver education law that went into effect on February 28, 2010.  As mentioned earlier this new law states that any new driver license applicant in Texas between the ages of 18 and 24 must complete a 6 hour Texas Education Agency approved adult driver education course.  Only those drivers that were licensed previously in another state are exempt.  According to the Texas Department of Public Safety in 2008 there were 1.8 million original applicants for drivers licenses in Texas, however a large portion of that could have been new residents with out of state licenses.  Regardless, there will be a large number of drivers that will have to take this new 6 hour adult driver education course,, which is a good thing for overall safety on the roadways.  If you or someone you know needs to complete this course it is available in classroom or online, depending upon your preference.

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Traffic Tickets and Driving Records

What is the quickest and cheapest way to get my driving record?  The answers to this question is really pretty simple, and you will be really glad you read this post because it could save you both time and money. Lets start with the reason that most people are required to get a copy of their Texas driving record…traffic tickets.  Whenever someone decides to take a defensive driving course for a traffic ticket, after paying their court fee to the court clerk (usually $90 to $110) the court will give the driver 90 days to complete a driver safety course (a.k.a. defensive driving) and also submit a copy of their Texas driving record.  Why do the courts require a copy of the driving record?  The answer is that the driving record will show if you took defensive driving for another ticket in the past 12 months. 

Best Way to Order a Texas Driving Record

In the past you had to fill out a DR-1 form that was produced by the Texas Department of Public Safety.  This form had to be filled out and mailed with a payment to the Driver Records Bureau in Austin, TX.  It was not uncommon for it to take 3-5 weeks for a copy of your driving record to come back in the mail using this option.  I must also mention that the cost for a driving record using this option was roughly $10.  With a 90 day court deadline, this long delivery time was extremely problematic especially for those that waited until the last minute.  Some of the defensive driving companies actually would order your driving record for you, but they would charge you $20-$30 to do this, and they would submit a DR-1 form for you, when you could have done it yourself for $12.  With the invention and popularity of the internet, eventually the DPS updated their website and you could go to www.texasonline.com to order your driving record.  The cost increased to $12 payable via credit or debit card and your driving records would come via mail in most cases within 5 business days.  Very recently, texasonline.com began allowing you the ability to order your driving record through their website and print it out immediately.  No more waiting for it come in the snail mail.  This is fantastic news for the drivers in Texas!  I have heard so many horror stories of people waiting until the last minute to turn in their paperwork to the court, only to be waiting weeks for their driving record from Austin.  Or worse the driving record is mailed from Austin, but is lost in the mail.  This isn’t a valid excuse any longer.  You can get your driving record in minutes.

I hope you read this post before being taken advantage of by some of these online companies trying to charge you a premium for something that you can get yourself quicker and cheaper.    

Be safe out there!

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Texas Driver Responsibility Law

House Bill 3588 created a new system in an attempt to encourage drivers on the Texas roadways to drive more safely. This is called the Texas Driver Responsibility Law. This new law says that Texas drivers can accumulate points on their driving record for various moving violations. Why could this impact you? Well, if you have a Texas drivers license and you receive multiple moving violations in Texas or any other state in a span of three years you could receive a notice from the Texas Department of Public Safety (DPS) in the mail alerting you that you have a fine to pay or risk losing your license. How does this work?

Texas Points System

Any moving violation that is classified as a Class C misdemeanor applies to this new surcharge law. DPS assigns point to a person’s Texas drivers license for each conviction as follows:

• 2 points are assessed if you are convicted of a moving violation (speeding, reckless driving, etc.) in Texas or any other state.
• Speeding violations must be greater than 10% over the posted speed, and no points are assessed for safety belt convictions.
• 3 points are given for moving violations that result in a crash in Texas or in another state.

Each conviction that is points eligible will remain on your record for a period of 3 years, and does not substitute or replace cancellation, revocation, or suspension actions that also may have resulted from these same convictions.  The limit is 5 points.  Once you reach 6 points or more in a three year period, you will be required to pay a $100 surcharge for the first 6 points and $25 for each additional point.  For example if you were to accumulate 10 points in three years, you would owe $200 to the DPS. 

Surcharge Details for Other Convictions

Some violations are not point eligible and under the law allow for an immediate annual surcharge.  For example, if you are convicted for driving while your license is invalid or failure to maintain financial responsibility, you will receive a $250 surcharge, paid annually for three years (Total $750).  Driving without a license will cost you $100 per year.  For DWI or DWI related convictions the cost is much steeper.  For a first time DWI, the cost is $1000 paid annually for 3 years.  That price increases to $1500 for second offenses, and the charges are cumulative.  This means that for a second DWI conviction in 3 years, you will be required to make three annual payments to the State of $2500.  All of these payments are separate and would be considered additional to the other reinstatement and administrative fees that apply.

Notification for Surcharge

If you are unlucky or reckless enough to accumulate a surcharge from the DPS, you will receive a letter via first class mail of your fine amount and a deadline of 30 days to submit payment.  If payment is not received within 30 days the State will revoke your drivers license, until payment has been successful.

Where does the surcharge money go?

You might be interested to know where all of this new money will go. According the Texas DPS website, roughly 50% goes to Trauma Centers and county and regional emergency medical services.  Another 49% goest to the Texas Mobility fund which is used by the Texas Department of Transportation for highway projects.  The last 1% is used toward the operation of this new Driver Responsibility program. 

Texas Defensive Driving

Taking a TEA approved Texas defensive driving course for an eligible moving violations is one way to minimize the possibility of being surcharged.  By choosing the option to take a defensive driving course rather than just paying the fine, your driving record will remain clean and you will not receive any points from this new law.  This is the best way to keep you under the 6 point threshold, and not to mention you can receive an insurance discount too!  Unfortunately, once the points are on your record, you cannot take a defensive driving course to remove the points.  The best rule of thumb is to keep your driving record clean if at all possible.  Even better, don’t get the ticket in the first place.  Be responsible.  Drive safe.

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Free Defensive Driving Course

I know that if you found this webpage that you are looking for a free defensive driving or traffic school course, or if not free then at least at the cheapest possible price. I understand that between Court fees, driver record fees, and the cost of the defensive driving course, that you may be wondering if it would be better to just pay the ticket. Let me try and answer that for.

First, the answer to that question is usually “no”. Although it takes more time, taking a course to keep a ticket off your record or to remove points is usually the best approach and will save you the most in the long run. Secondly, as nice as it would be for a course provider to offer a course for free, in most cases, state regulatory bodies have laws in place that keep that from being possible. So if you find a school that is willing to do a class for free or offers to just give you a certificate for a fee without requiring you to actually take a class, you are likely dealing with a fraudulent unapproved school that is breaking the law. If you are looking to take a defensive driving course for a traffic ticket, point reduction, or insurance discount, I highly recommend that you first determine that the provider’s website or school location is State approved. Most states have approval codes that you can verify if necessary. In Texas for example, any legitimate course provider will have a course provider number issued by the Texas Education Agency which is printed on each certificate of completion they issue (this ensures that the certificate you receive in the mail after completing the class will be accepted by the Court). As part of being state approved each provider must abide by the rules, laws, and regulations set forth by the regulatory body. As an example since we are discussing free defensive driving courses, Texas has a law that each provider must offer the course for at least $25. If a school or website offers a Texas defensive driving course for a ticket that is less than $25 they are breaking the law and most likely are not state approved. This is the reason that in most states it is essentially an impossibility to find a free defensive driving or traffic school course. Sorry to disappoint you.

So much for finding a free defensive driving course, but finding one at the best price can be achieved without much effort. I recommend that you start by searching the internet first, making sure to look for the course provider number on the website offering the course. If you choose to take a classroom course, ask to see a copy of their state license before going agreeing to pay for your class. If you are taking a course in Texas you shouldn’t have any trouble finding one for the lowest price allowed by law at $25. Texasdrivesafe.com has made it very easy for you, by offering a state approved Texas defensive driving course (Course Provider number for course is CP-090) at the state low price of $25. The course is interactive to keep your interest and allows you to login in and out as needed for the most flexible and convenient course possible. Sorry we can’t offer you the course for free, but we can offer great customer service and a top notch course that will help save you money and make you safer on the roadways. Also, if you need a course outside of Texas, just click on the “See All States” button on the right side of the homepage to find an approved course in your state.

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1. Keeps your driving record clean – This is more important that most people realize. In Texas whenever a person chooses to simply pay for a traffic ticket or moving violation (speeding, etc.) that infraction will officially be put on that driver’s driving record. This is important because Texas now has a points system that will result in surcharges and even license suspension once a certain number of points are reached. To find out more details on how the Texas DMV points system click here. By choosing to take a defensive driving course instead of just paying the fine, as long as you meet the Court’s requirements by completing the course and submitting the certificate of completion along with any other required information to the Court before your deadline, your infraction will be dismissed and will not go on your record. Remember, though that in most cases you are only allowed to take defensive driving once every 12 months for a traffic ticket.

2. Saves you money on the ticket cost – The average cost for speeding tickets in Texas are $150. It is still not cheap to choose the defensive driving course option due to the Court fee (usually $90-$100) plus the cost of the defensive driving cost ($25), but in most cases you will save anywhere from $25 – $50 depending on the cost of your ticket.

3. Saves you money on auto insurance – Whether you take a defensive driving course for a ticket or on your own for insurance savings, you will receive a certificate of completion from the course provider that can be turned into your auto insurance provider for up to a 10% discount. Not all providers offer this discount, but the vast majority do, so this is an added benefit for completing a Texas defensive driving course.

4. Flexibility – This is probably the largest benefit to taking a Texas defensive driving online course. When you register for an online course you are given a unique login code that will allow you to log into and out of the course at your leisure. All state approved Texas defensive driving courses must be 6 hours in length. Most courses accomplish this with timers on each page (the lengths of the timers depend upon how much material is there to read or watch). The course automatically saves your progress and knows the furthest unit and page in the course that has been completed. At any point you have the ability to log out of the course and come back anytime later and the course will allow you to pickup at the furthest unit and page you previously completed. This allows you to do the course at your own pace and at times when it is most convenient for you, rather than having to sit for 6 straight hours as the traditional classroom courses require.

5. Quicker certificate processing – Whenever you complete a Texas defensive driving online course a certificate of course completion must be mailed to you (required by law that it be mailed or sent via courier). Most providers will process your certificate on the same business day or if you finish after their daily cutoff times (usually 3PM) your certificate will be sent out to you the following business day. Also, most providers offer express delivery options if needed for an additional charge. This system is much faster however as compared to the traditional classroom course. When you complete a defensive driving course at a class, you will fill out some paperwork that must be mailed to a course provider that must manually enter your information and process your certificate. Most providers have numerous classes to process, so the turnaround time can be substantial, and definitely favors the immediate processing that the online courses offer.

6. 24 / 7 Availability – Online Texas Defensive driving courses can be accessed anytime, day or night, 24 hours and day. The traditional classroom courses are usually taught on Saturdays starting late in the morning and go 6 hours with breaks for lunch.

7. Accessibility – Another benefit of the online course is that you can access the course from any computer that has internet access. It is important to point out that due to the video that is offered in many courses, if you are planning to take any portion of the course from a work computer that the video is accessible, since many work networks discourage video streaming.

8. Best price guarantee – the State of Texas has a law that says state approved defensive driving providers cannot offer a course for less than $25. This is very important, because there are many websites out there claiming to be approved, but if they offer the course for less than $25 or do not show evidence of being approved by the Texas Education Agency (TEA), I would recommend finding another course.

9. Express delivery options – as mentioned previously, the online courses offer much quicker certificate delivery capabilities, which also includes the option to select overnight delivery options if needed to meet your court deadline. Remember that the course provider must send the certificate to you by law and does not send anything to the Court.

10. Course Entertainment – this all depends on the course as well as the instructor if you chose to take a classroom course. There are some good instructors out there that can keep your interest and make the course entertaining. The good online courses have some exercises that require interaction, high quality video material, as well as quizzes and questions to make sure you are paying attention. This interaction is not always the case with classroom courses.

Filed under: Texas Defensive Driving by troyc
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