The Collin County Observer

News, Analysis & Opinion for Collin County

Holy fugitive, Batman!

12/24/08

02:15:09 pm, by bill

, 425 words,

Categories: Observer Opinions, Mobility, Law, Crime & Punishment

Holy fugitive, Batman!

While Collin County residents go about their daily lives, most are unaware of a new crime spree that is sweeping our county. Thousands of offenses against the peace have created a new class of criminal fugitive from justice.

Warrants are piling up, they come in faster than the constables and police can hope to keep up with them. Periodic warrant roundups can only scratch the surface of the mass of arrests needed to keep up with the papers that flow in daily to our constables office.

As of yesterday, there were 12,377 of these arrest warrants waiting to be served in Collin County.

About a third of the thirty thousand plus outstanding arrest warrants in Collin County are for this one crime - "Failure to pay tolls". It has become the leading reason to be wanted by the police in Collin County.

That's right, "Failure to pay tolls". No fooling.

"Failure to pay tools" is a crime without a witness, and a crime without a perpetrator. A computer decides that you didn't pay, it triggers a camera, which triggers a fine to the last registered owner of the vehicle.

It doesn't matter if you were driving or not; it doesn't matter if you were even there or not.

You don't have to actually commit a crime anymore to have a warrant issued for your arrest. All the tollway authority has to do is mail you a letter informing you of the fine. They don't even have to mail it to your right address. They don't have to prove you received the warning; they don't have to properly serve you any papers at all. The computer mails the letter, then after a while it sends a judge the warrant complaint.

Even then you're still not properly served. The first you might hear about you being wanted is when you are hauled off to county jail.

I remember when the NTTA first proposed the automated toll booths. We were told that since the fines were civil in nature, an "administrative fine", there need be no typical "proof beyond a reasonable doubt" burden that the US and Texas constitutions provide for all criminal defendants.

But now as the warrants pile up, we learn that while the fine may be civil, failure to pay it is a criminal offense.

If you drive on any of the tollways in the area, you might want to check and see if there is a warrant out for you.

If you are not on the list, the chances are that someone you know is.

Bill

Permalink 16 comments

Comments, Pingbacks:

Comment from: Askme [Visitor]

The cops are taking advantage of people who don't know their rights, or can't afford to contest in court. Cops issue tickets outside of their jurisdiction. Perfect example: a Murphy cop issues a speeding ticket in Wylie, but he assigns the ticket to his own Murphy county for profits. By Collin County Central Appraisal's taxes and benefits of that ticket $$, it should be considered "double dipping"by tax means. Someone should break down exactly how the ticket profits are allocated. Especially dealing with Texas Tollways.

Permalink 12/25/08 @ 10:40

Comment from: anon [Visitor]

This just shouldn't be true in America. This is just wrong.

Permalink 12/25/08 @ 14:57

Comment from: CONCERNED [Visitor]

Let's see..if you sale your car you should make sure that the title is transferred, that would help with part of the problem. Second if you run the toll both you should expect there to be a penalty (same as running a stop sign). You KNOW if you run a toll both!!!! Second, if it does become a ticket you have the RIGHT to plea NOT GUILTY. If you choose to or not that is a different story. So NO it is not the COPS taking advantage of people, it is people taking advantage of other people because if they fail to pay the tolls then WE pay more in taxes. Give the COPS a break because they are going to be the first person you call in an emergency!!!!!!!!

Permalink 12/25/08 @ 20:57

Comment from: bill [Member]

Concerned,

The seller of a vehicle can not transfer the title - only the buyer.

While I agree that toll scofflaws should pay a penalty, I also believe in due process:

You should be legally informed of the charges against you before a warrant is issued
You should have the right to confront a witness against you
Only the perpetrator of a crime should be charged - not assume the owner of the vehicle is the guilty party.

Not all the fines are for running the toll booth. Fines have also been issued for:

Moving the toll tag to another vehicle - even if the toll fee is still paid
Getting new license plates
Toll booth error
Credit card processing error

I have the same issues with red light cameras. In some states, the law requires that the camera capture not only the image of the license plate, but also of the driver. Then a sworn police officer compares the picture of the driver with DL records. If he believes there is a match, only then is a ticket issued.

My apprehension of the toll ticket system would be greatly eased if both a positive ID of the driver was required, AND if the ticket was served by registered mail, or a process server.

Bill

Permalink 12/26/08 @ 17:23

Comment from: Eric Barna [Visitor]

Interesting. About 6 years ago I received a notice in the mail from NTTA. It was a bill for $500+ worth of tolls/fines. When we purchased a new vehicle we just transferred the toll tag over without making an adjustment to the vehicle it was on with NTTA.

To compound matters the first vehicle was in my wife's name and the new vehicle was in my name. Our toll tag account is in my wife's name (I never had one.)

There were a total of 25 or so tolls that tag reader didn't catch which resulted in $500+ fines/tolls over a 2 year period.

I called them up, we straightened it out and I paid $11.75 from my toll tag account for the tolls the reader missed.

Askme, you could have been tagged for speeding in Murphy (a city, not a county) and the officer followed you into Wylie. Murphy doesn't patrol Wylie and Wylie doesn't patrol Murphy... unless mutual aid is asked for.

Eric

Permalink 12/26/08 @ 18:44

Comment from: bill [Member]

Eric,

I had almost the exact same experience, with about the same result.

What kept both you and I from getting a warrant was that our residence was the same as on the vehicle registration.

If you move, or don't get the notice for any other reason, a warrant is issued for your arrest.

I don't think the founding fathers had this in mind when the wrote the Bill of Rights.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, and no Warrants shall issue , but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

From the Texas Constitution
Section 9 - SEARCHES AND SEIZURES
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

Section 10 - RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS
In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.

Bill

Permalink 12/26/08 @ 19:20

Comment from: CONCERNED [Visitor]

Bill I understand the Buyer is the one who must change over the title but the seller can meet the buyer at the Tax office to do this. This simple thing can save the Seller alot of headaches later on. The DPS does review the tapes before a citation is issued. Oh and there is another simple solution, just simply don't drive on the toll road.

Permalink 12/26/08 @ 19:22

Comment from: anon [Visitor]

There are many goods points here but the strongest one to me is Bill's in which he refers to the Constitution. This is what holds us together and we should quit treating it so trivially. The founders of this country would be shocked that people can be arrested with no service or even proof and found guilty. Where will this stop? It is the same attitude which says prosecutors may have sex with the judge and the district attorney may raid a defense attorney's office.

Permalink 12/27/08 @ 09:09

Comment from: CONCERNED [Visitor]

I would invite you to learn the whole process before you go accusing anyone of not having fair and proper notice.

Permalink 12/27/08 @ 13:20

Comment from: Misinformation [Visitor]

The seller can't change the title, but they can send in a VTN (vehicle transfer notice) which relieves them of legal responsibility and is also recognized by NTTA.

Also, it is a vehicle owner's responsibility to keep their TXDoT information updated (registration). If you move, YOU are obligated to inform the state so they have your correct address. NTTA gets plate and address info from the state, so if an individual has not updated it, they are not likely to recieve a violation invoice.

Like Concerned said, if someone runs the tolls, they know it and should expect to pay the consequences. Do you steal gas from a gas station? If someone doesn't want to pay the tolls, drive on one of the other thousands of roads in the metroplex.

People are so quick to blame anyone but themselves these days it's ridiculous. Take responsibility for your own actions.

Permalink 12/29/08 @ 10:34

Comment from: bill [Member]

Misinformation:

How many people actually change the address on their title? Most wait until they transfer title or get a replacement. I wonder if you think that law enforcement personnel are the best people to be enforcing state change of address requirements and toll collections.

What would the county do if everyone turned themselves in? There is not enough jail space, nor police manpower, nor JP courts enough to deal with reinforcement of tolls.

I don't remember hearing that the sheriff or police were asked for input on enforcing tolls when the NTTA proposed automated tollroads. The automation saved NTTA labor costs, but put the burden on local criminal justice systems to deal with the consequences.

Also, what due process does NTTA use to see that notice of violations are properly served, knowing full well that many of the recipients have changed addresses?

I noticed that your comment came from an NTTA computer. Are you speaking for the NTTA? Are your comments NTTA's official response to my posting?

Thank you,

Bill

Permalink 12/29/08 @ 11:10

Comment from: anon [Visitor]

Misinformation: Now knowing that you're from the NTTA!!!! You are right, people often don't take responsibility as they should, but I would also like to point out neither does the NTTA. Your organization wants to charge me $1 to drive on your roads, but you are not willing to take enough responsibility to have equipment available or employees to make certain I am not "running" a toll booth. On NUMEROUS occasions, I have approached the stupid booth, had to get change out of the bill machine, and proceed up to a automated system that I put accurate change in and it didn't work. Where is the NTTA and their responsibility?? The organization is so greedy they are not willing to employee people in booths, but are more willing to invest in faulty equipment. You and you organization are a shame.

Permalink 12/30/08 @ 08:56

Comment from: bill [Member]

Since some believe that I have somehow been unfair to the tollway folks, I have invited NTTA to respond to this post.

I am waiting to see if they do so.

Bill

Permalink 12/30/08 @ 09:04

Comment from: Mack [Visitor]

I have found I could have had a warrant if I had not called the NTTA and they informed me I had a outstanding citation. The confusing part is I have a NTTA account but they claim they could not bill my account so they sent a notice which I never received. I paid the tolltag fees and called the court to find that I will also need to pay a 100.00 fine there as well. This seems like a scam to me with the NTTA's office set up like some type of a collection agency. The NTTA was packed with people who had some of the same issues when I arrived because I could never get threw at the customer service line 972-818-6882. I am disappointed in the NTTA. We will keep our account but will use the service roads more often and check our NTTA account more closely in the future.

Permalink 01/13/09 @ 15:21

Comment from: Kristen [Visitor]

New Years eve Me my sister, Brother in law and my boyfriend are on the lake with a camp fire and drinking when some teenagers come up and said they started a grass fire and to come help them put it out. by the time we got over there we realized it was too big for our hands so we called the fire department. we stayed to help them get back to the spot was since it was uncharted and we helped them catch the teenagers that ran off who started it. The cops then asks if we are all over age to drink we say yes.. he ask for our license and he runs them. My brother in law has a warrent for his arrest for running a toll booth ( how could this be when he has a toll tag)the cop arrest him and he had to sit in jail with drunk morrons new years eve before the clock even hit 12 am. he never got anything in the mail about it or a phone call nothing.. in order to have a toll tag anything you run must be taken care of so how did he get a warrent. this is so wrong

Permalink 01/30/09 @ 15:24

Comment from: Highway robbery, quite literally... [Visitor]

Ok, I've just concluded an ordeal with NTTA and let me be the first to say... you don't have to run the toll booth to deal with this! I didn't. I don't live around many tollways and usually avoid them, so imagine my surprise when I got a bill for $6 and a pic of my license plate.

After scratching my head for a while I learned that the George Bush tollway doesn't have toll plazas anymore. They just take a pic as you're driving by and mail you a bill. Ok, so then I put it in a pile of junk mail and lost it. A month later I get another bill for the $6 plus $2.50 late fee.
So I'm thinking "yeah, I need to pay that since it says there's a $25 admin fee" but it's not super high on my priorities.

Two weeks later I get a bill for the $6 PLUS $175 in admin fees!!! Yeah, they add the $25 fee on EACH TOLL CHARGE! So now my $6 fee went up 3000% to $181 and I'm feeling a little molested by the big hairy hand of the
NTTA. I called their # and calmly expressed my "surprise" and the girl agreed to lower it to "only $64". I politely asked to speak to her supervisor and once I was ransferred, that's when it got rude. I was told that it was all my fault because I didn't pay in the given time period, and I should be grateful that they were waiving 2/3rds of it. And if I didn't pay it, it would go to collections for the whole amount and a citation would be issued to me by the police. The whole thing
was very surreal and aggressive. I kept asking who had the authority to get this taken off and she just said "Me. And I won't do it."

Me: Why not? Don't you think a $58
admin fee is pretty incredible to re-mail me a $6 bill?

Supervisor (Juliette): Because it's our policy not to waive more than 67%.

Me: Yeah but you just told me you had the ability to waive more.

Supervisor: Sir, I just told you I'm not gonna do it.

Me: Why not? (And round and round)

Finally I asked to speak to her boss and he politely lowered it to $14, and I paid. I still don't think it is right for a toll road to not tell you it's a toll road and just mail you a bill, and of course it preposterous to charge a $25 admin fee for every $1 toll charge and then issue a citation for refusing to be extorted. This has got to change...

Permalink 07/10/09 @ 19:51