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Got a Texas red light ticket on a rental car - is it a "point" offense?

Got a Texas red light ticket on a rental car - is it a "point" offense?

Old Nov 20, 14, 3:28 pm
  #1  
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Got a Texas red light ticket on a rental car - is it a "point" offense?

Hi all,

I think a lot of you got screwed on those toll tags charged by rental companies. I also got one for my short trip to Austin TX in the last Sep 2014, $15 per day for 3 days.

2 months later, I got another surprise about the trip.
I just found an administrative charge of $30 related to Budget. Then the information led me to the ATS Processing Services for a red light camera ticket. I found the citation online and check the case through the City of Austin traffic case system.

It happened on Sep 5, and passed the initial response court date on Oct 20 (obviously). The fine was initially from $75 to a $100 delinquent notice. Thanks for the $30 administrative fee, now the citation is under my name now. And I still did not receive the citation in mail so far, until I found out via my credit card statement.

My question (particularly to those living in state of TX):
Will the red light camera ticket in Austin cost me 1 point deduction of my driving record?

I don't mind to pay the $100, since I'm far away (from CA) and largely my fault, even though there was no "no right turn on red" sign, and I failed to stop completely. From the video, the car behind also drove pass the white line, but stopped in the intersection for 2 seconds before right turning.

And also what should I do now? Just wait for the traffic citation in mail? I just worry it will take too long and will be too late for me to take care the case.

Sorry for the long story, but I'm very worried now. Not the first time to deal with traffic violations, but is the first one with a rental car.

Thanks.
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Old Nov 20, 14, 6:43 pm
  #2  
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Originally Posted by drbeanz View Post
My question (particularly to those living in state of TX):
Will the red light camera ticket in Austin cost me 1 point deduction of my driving record?
In states I'm familiar with, photo issued tickets go against the car not the driver.
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Old Nov 20, 14, 7:04 pm
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No need to wait. Since you have gone online and seen the citation, you should be able to pay it. If they don't have instructions on the site, call and find out.

moondog, photo-issued tickets are normally issued against the car, but the owner of the car can send in an affidavit saying that they weren't driving at the time, and it will be transferred to the correct person.
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Old Nov 20, 14, 7:22 pm
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Originally Posted by cbn42 View Post
No need to wait. Since you have gone online and seen the citation, you should be able to pay it. If they don't have instructions on the site, call and find out.

moondog, photo-issued tickets are normally issued against the car, but the owner of the car can send in an affidavit saying that they weren't driving at the time, and it will be transferred to the correct person.
Several years ago I managed to dodge an Oregon red light ticket this way, but my relatives here in Florida tell me that their laws don't care who is driving the car... owner is responsible no matter what.
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Old Nov 20, 14, 7:30 pm
  #5  
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This doesn't seem right. How can the owner be held liable for someone else's traffic tickets?

Edit: I looked it up. Florida statutes 316.0083

(d)1. The owner of the motor vehicle involved in the violation is responsible and liable for paying the uniform traffic citation issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal, unless the owner can establish that:

c. The motor vehicle was, at the time of the violation, in the care, custody, or control of another person;
http://www.leg.state.fl.us/statutes/...0316.0083.html

Last edited by cbn42; Nov 20, 14 at 7:36 pm
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Old Nov 20, 14, 10:45 pm
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Got a red light ticket on a Budget car rental

I have a bigger issue with ATS and their processing fees. I suggest some flyertalk members consult a atty who specializes in class actions. This could be huge payday for a law firm. I am aware of the fine print but something smells funny.
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Old Nov 20, 14, 10:47 pm
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Got a red light ticket on a Budget car rental

I also agree the Florida statue is unconstitutional and can be won. You just have to challenge it and know you are up against special interests lurking in the background making very big $$$$. So the challenge is not for your average joe as it will be x,xxx,xxx in legal fees
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Old Nov 21, 14, 12:12 am
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Thanks for those replied my thread.

Unfortunately I checked the ticket online from the city of Austin traffic system and the citation is changed from the rental company to my name. Sooner or later, it will be mailed to me. I just want to know if the red light camera ticket in Texas will cost 1 point deduction or not. I don't mind to pay at all.

I got a citation before in Fall 2012 in CA, and resolved with reduced fine and driving school opportunity to hide the 1 point deduction if no more offense for the next 18 month since March 2013. I worry my current one in TX will just be within the 18 month probation period and result into 2 point deductions total on my present driving record.

Anyone from Texas can give me some ideas. Sorry about the complicated story and wording. I just want to figure it out ASAP.
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Old Nov 21, 14, 12:20 am
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according to this it won't.
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Old Nov 21, 14, 9:25 am
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drbeanz, welcome to FlyerTalk! As this is more related to Texas law than to rental cars, I'll move this to the dedicated forum on Texas for more discussion. Ocn Vw 1K, Moderator, TravelBuzz.
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Old Nov 21, 14, 9:44 am
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Photo traffic tickets are the equivalent of parking tickets, which are also assessed against the car owner, no matter who actually parked there. The lack of a way to confirm who was driving is also why they don't usually count as points, nor against auto insurance rates.
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Old Nov 21, 14, 11:51 am
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Hi, just followed up the case.
I eventually called municipal court of Austin and they said it would be counted as civil violation, no impact on driving record and no point deduction. So swag is right. Although in CA, it is a whole different story and the fine for the same red light camera ticket is over $400 and costs you 1-pt deduction.

The court staff told me that the rental company provided them my address with a missing apartment number. And that's why I might not receive the citation so far. The court won't waive the extra $25 fee for past due penalty. The staff said it was between me and the rental company, either I messed up my address upon my rental registration (which is impossible, they had my credit card on file) or the rental company fault.

I'm going to call the rental company to get back for the $25 amount because of their incompetent way of work, but I know my chance is slim, and I may not keep the rental receipt and agreement after the trip.

I understand the moderator's comment, but I think my case will be a good lesson for others when renting and driving a car in a state you are not very familiar with. I'm always careful when driving, particularly in a rental. I sofar have 2 tickets for the past 14 years, including this one. But you may never know just like I never expect this. A $43 rental for 3 days now costs me total in around $200.

Take care everyone.
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Old Nov 23, 14, 11:14 am
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Originally Posted by drbeanz View Post
... but I think my case will be a good lesson for others when renting and driving a car in a state you are not very familiar with. I'm always careful when driving, particularly in a rental.
But yet you admit to making a right turn on a red light without coming to a complete stop? That's careless and/or sloppy driving in any state and in any car, whether rental or owned.
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Old Nov 25, 14, 7:20 pm
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In Texas you will be able to view the alleged infraction on line in motion. You might disagree such an infraction happened. You might not agree it is even you. Meaning if it does not look any intersection you ever drove through check the time stamp to make sure it could not be the prior or subsequent renter.
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Old Dec 9, 14, 3:20 pm
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Depending on the state, I would simply ignore it until it goes away. I didn't even realize Texas had red light cameras and I lived there for a while. Thought they only had those cameras in the more Statist locales. I guess they want revenue from every source possible.

In NOLA I simply ignored the letters they sent about the violation and they eventually went away. Hertz had transferred responsibility to me and then ATS tried to collect and I ignored. It's not credit so it can't go against your credit.

There is a thread on this.

Speed camera violations
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