This detailed sample Motion to Dismiss Traffic Violation Charges complies with Texas law. Adapt the language to fit your facts and circumstances. Available in Word and Rich Text formats.
Texas Motion to Dismiss Traffic Violation Charges
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FAQ
The state of Texas classifies most traffic offenses that result in a ticket as Class C misdemeanors, which are considered the least serious type of criminal offense.However, a ticket that is properly issued stays on your record forever unless you take action to have it dismissed.
First make sure you are eligible to have the ticket dismissed. Register for the Texas Online Defensive Driving Course. Order your Certified Texas Driving Record, which all Texas courts will require in addition to your Certificate of Completion.
If something is missing, the ticket isn't valid, and it gets dismissed. If the ticket was issued correctly, there's a chance that a skilled lawyer can get the fine reduced or avoid points issued to the client's driver's license by plea bargaining.
Do Jail Time. Many people mistakenly believe doing jail time instead of paying their ticket will be the cheapest way to lift the warrant. Pay the Ticket. You can also pay your ticket to lift the warrant. Post a Cash Bond. Another option is to request a new court date. Hire an Attorney to Post a Surety Bond.
The length of time that a speeding ticket stays on your record varies from state to state, but the national average is three years. For example, in Texas, the offense will remain on your record for three years from the date of conviction.
You must have a non-commercial driver's license. You must admit guilt or plead no contest (nolo contendere) The citation must be for driving within 25 miles per hour of the posted limit. Your citation does not involve an infraction in a construction zone.
If you're asking for a reduction in points, admit your mistake and provide a reason if you have one why the judge should go easy on you. Then, apologize and promise not to do it again, Jaskot said. Sometimes, judges ask the officer if you were polite during the stop and will take that into consideration, he said.
Honesty is the Best Policy. Keep a Cool Head. Not Guilty. Explain in Detail. Mention the Weather. It was Less Than 5 Mph Over. There was an Absence of Traffic. Use Your Clean Record to Your Advantage.