Cumulative Toll-Habitual-Violator Charge Defenses
Tex. Transp. Code § 372.105 makes 'habitual toll violator' (100+ unpaid violations within 1 year) a Class C misdemeanor with vehicle-impoundment authority. But the statute requires: (1) 100+ violations of THIS specific statute (not just unpaid invoices); (2) prior written notice with opportunity to cure; (3) the violations must be against the SAME vehicle/registered owner. Defenses include: clusters of duplicate billing, plate-misread chains, vehicle changes ownership, agency failed to send required certified-mail notice. Recent reforms (HB 2620, 86th Leg.) tightened notice requirements.
Legal basis
Tex. Transp. Code § 372.105; HB 2620 (86th Leg., 2019)
Sample appeal wording
TO: [TOLLING AUTHORITY] RE: Habitual Violator Notice / Citation [NUMBER] I dispute the underlying 'habitual toll violator' designation under Tex. Transp. Code § 372.105. I demand: (1) certified records of every alleged unpaid toll in the count, with timestamp, location, and ALPR image; (2) proof of certified-mail notice for each violation under § 372.105(b); (3) confirmation that all violations occurred while I was the registered owner. Many of the alleged violations are duplicates / plate misreads / occurred after I sold the vehicle (Form VTR-346 attached, dated [DATE]). I request the entire designation be vacated and registration-hold flag removed.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Transp. Code § 372.105
- HB 2620 (86th Leg., 2019)
- Texas Sunset Advisory Commission TxDOT Reports