Travis Texas Motion to Dismiss Traffic Citation

Category:
State:
Multi-State
County:
Travis
Control #:
US-03341BG
Format:
Word; 
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Here are five steps to dismissing your Texas traffic ticket: 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.

Pleading Guilty If you plead guilty or no contest, you'll be required to pay your ticket and fines. You might have an opportunity to negotiate lower fines or penalties and/or points off your driving record by taking a Texas defensive driving class.

If you have received a speeding ticket in Texas, a Houston traffic ticket, or any other traffic citation in the state of Texas, you may be eligible to complete a defensive driving course to dismiss your violation. If you choose not to dismiss your traffic citation, your driving record could suffer!

Your Citation You must appear in Court on your scheduled court date if you do not pay the scheduled fine, enter a plea, or have your case continued beforehand. Your signature on the citation is not a guilty plea. You have a right to contest the charges against you. You have a right to see the evidence against you.

In Texas, a traffic ticket stays on your driver's record for three years after your conviction. Along with a record of the violation, the points associated with the ticket also remain for three years.

In order to get your ticket dismissed you must have a valid Texas driver's license or permit and proof of insurance. Active duty members in the military, their spouse and dependent children are also eligible.

So, a No Contest Plea will be best for a defendant who is resolving a case that could lead to a lawsuit, such as battery. A Not Guilty Plea will not ultimately lead to a trial, so you have to be confident in your position if you decide to make this choice.

While options vary between jurisdictions, here are a few methods drivers can use to keep a ticket off of their record: Take a defensive driving class.Get a deferral.Simply delay.Opt for mitigation.Contact the clerk of court.Contest the ticket.

A no contest plea lets a defendant avoid admitting guilt, but otherwise, a plea of no contest is treated as a guilty plea and has exactly the same effect as a guilty plea, with only one exception. A no contest plea is an option for a defendant who caused substantial property damage or serious personal injuries.

The most important time to use a no contest plea is when there is some damage associated with the charge, like an accident. If you ran a red light and hit someone and are charged with failure to obey a traffic control devise, a guilty plea and admission can be used in civil court to show fault for the accident.

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Travis Texas Motion to Dismiss Traffic Citation