Texas Motion to Dismiss Traffic Violation Charges
Understanding this form
The Motion to Dismiss Traffic Violation Charges is a legal document filed in Texas courts to request the dismissal of a traffic charge. This form specifically outlines the reasons why the defendant believes the charges should not proceed. Unlike other forms related to traffic violations that may require payment or pleadings, this motion actively seeks to challenge the validity of the charges against the defendant.
Key parts of this document
- Identification of the parties involved, including the plaintiff and the defendant.
- Details of the traffic violation charge including the date and nature of the violation.
- Grounds for requesting the dismissal of the charges with supporting arguments.
- A prayer for relief, asking the court to grant the request to dismiss the charges.
- Certification of mailing to the prosecutor, ensuring they receive a copy of the motion.
- Notice of hearing information, detailing when and where the motion will be reviewed by the court.
Situations where this form applies
This form should be used when an individual has received a traffic violation charge in Texas and believes that there are valid reasons for the charges to be dismissed. Common scenarios include cases where the violation was issued in error, the evidence is insufficient, or there are legal technicalities that undermine the validity of the charge.
Who should use this form
- Individuals charged with a traffic violation in Texas.
- Defendants seeking to contest their traffic charges in court.
- Those who have valid grounds to argue for the dismissal of their traffic violation charges.
How to complete this form
- Begin by filling in the names of the parties involved, including your name as the defendant.
- State the date of the traffic violation and describe the nature of the charges against you.
- Clearly outline the grounds for requesting the dismissal of the charges, providing specific reasons.
- Sign the document, certifying that you have mailed a copy to the prosecutor.
- Include the date and details of the hearing as required, ensuring this information is accurately filled in.
Does this document require notarization?
This form does not typically require notarization unless specified by local law. It is advisable to check with the local court for any specific requirements regarding notarization in your jurisdiction.
Mistakes to watch out for
- Failing to include valid grounds for dismissal.
- Not providing accurate contact information for the court and prosecutor.
- Submitting the form after the required filing deadline.
- Neglecting to sign and date the motion.
Why complete this form online
- Convenient access to legal forms anytime, allowing you to manage your legal needs promptly.
- Edit and customize the form easily to fit your specific circumstances.
- Receive reliable legal templates drafted by licensed attorneys, ensuring adherence to Texas law.
What to keep in mind
- Utilize this motion to contest traffic violations in Texas.
- Ensure you have valid grounds for your request to dismiss the charges.
- Follow all filing and mailing instructions carefully to avoid delays.
Form popularity
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.
