If you’re like me, you use the tollways here in Collin County, Texas; and, while you may pay your tolls, you certainly don’t enjoy paying them. According to the North Texas Tollway Authority’s (NTTA) website, 92 percent of North Texans and visitors who travel on NTTA toll roads pay for their use of the toll roads. So, if my math is correct, that leaves 8 percent of those North Texans and visitors who use the toll roads not paying for their use of them. So, what happens when you don’t pay your tolls?
When and How is a Texas Failure to Pay Toll Citation Issued?
When driving on a NTTA toll road, tolls are paid electronically from a prepaid account through the use of a tolltag sticker mounted on a vehicle’s windshield. Each time a motorist passes through a toll point, the toll is deducted straight from the motorist’s prepaid tolltag account. For motorists who use the toll roads but do not have a tolltag, the NTTA offers ZipCash as a pay-by-mail option. When a motorist without a tolltag drives through a toll point, high-speed cameras take digital images of the motorist’s license plate, and the tolls are billed to the registered owner of the vehicle.
When a motorist incurs tolls that go unpaid, the NTTA mails an invoice to the motorist providing him or her 25 days to pay for the tolls. If payment is not received, the NTTA mails a 1st Notice of Nonpayment to the motorist that includes a $10 administrative fee. If payment of the invoice is not received 25 days after the 1st Notice of Nonpayment, a 2nd Notice of Nonpayment is mailed to the motorist that includes a $10 administrative fee, plus an additional $25 administrative fee. If, after 25 days, payment is still not received, the NTTA mails the motorist a 3rd and Final Notice of Nonpayment that includes the same administrative fees as the 2nd Notice. If the invoice is still not paid within 25 days after receiving the 3rd and Final Notice of Nonpayment, the registered owner of the vehicle is issued a Failure to Pay Toll citation by mail.
Failure to Pay Toll in Collin County, Texas
Texas Transportation Code, Section 228.055 states that the registered owner of a vehicle for which the proper toll is not paid who is mailed a written notice of nonpayment and fails to pay the proper toll and administrative fee within the time specified by the notice of nonpayment (25 days) commits an offense and faces a fine not to exceed $250. Failure to Pay Toll citations are filed and handled in the Collin County Justice of the Peace Courts. Furthermore, each unpaid toll or administrative fee is a separate offense.
So, for example, a motorist who travels through the City of Plano (6 toll points) on the Dallas North Tollway would rack up $4.32 using the NTTA’s ZipCash payment method. If the motorist fails to pay the tolls after receiving invoices and Notices of Nonpayment for them, he or she would receive 6 separate Failure to Pay Toll citations. This means that the motorist would be facing up to $1,500 (6 tolls x $250 fine/per toll) in fines, plus the original $4.32 in tolls, and all of the administrative fees contained in the 3 Notices of Nonpayment for each of the 6 tolls, which totals $1,984.32!
Can a Warrant be Issued for Unpaid Tolls in Texas?
Yes, but only if a person is issued a citation and then fails to appear or show up to court by the deadline stated on the toll ticket. Failure to Pay Toll is a Class C Misdemeanor, which is punishable by fine only. So, the only reason a person would be facing jail time as a result of a toll citation is if he or she received one and did nothing about it. When that happens, the Court issues a warrant for the person’s arrest simply as a way to get ahold of and force the person into Court so he or she can handle the ticket.
Often times, I’m contacted by someone who’s been issued a Failure to Pay Toll citation and already missed the deadline to respond, because he or she never actually received it in the mail. So, a warrant has been issued by the time the person finds out about the ticket, and now it’s too late. Due to no fault of their own, he or she now has a warrant out for their arrest. One of the ways I am able to help resolve toll tickets is by having the Court recall any warrant that has already been issued, so you don’t risk being arrested while your case is still pending resolution.
Defending Failure to Pay Toll Violations in Collin County, Texas
Looking at the examples above, it’s easy to see how these Failure to Pay Toll tickets can quickly get out of hand. The Texas Department of Transportation maintains a list of the top toll violators in Texas, and the top violators have total amounts of unpaid tolls and fees reaching over $200,000! And, to make matters worse, receiving Failure to Pay Toll citations aren’t even the only penalties you face if you have unpaid tolls. In addition to receiving Failure to Pay Toll tickets, you may also face a vehicle registration block, an order prohibiting the operation of a vehicle you own on NTTA toll roads, and vehicle impoundment upon proof of repeated violations of any order of prohibition. So, if you or a friend or family member has received a citation or ticket for Failure to Pay Toll in Collin County, Texas, contact me today for a free consultation at (972) 372-4054 to learn how to handle a toll ticket and get any warrant that’s been issued lifted!
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