Options for Traffic Citations
- You may pay the fine. Refer to the Schedule of Fines. For offenses not listed, please contact the Judge’s office. NOTE: Payment of fines constitutes a plea of nolo contendere (no contest) and a guilty verdict will be rendered.
- You may plead not guilty and request either a Bench Trial (trial by judge) or Jury Trial (trial by jury).
- You may request to take a Drivers Safety Course for ticket dismissal. This option is not available to holders of a commercial driver’s license. You must bring a copy of your driver’s license, valid insurance, and $145.00.
- You may request Deferred Disposition, where the justice of the peace my defer final disposition of a case and grant a period for probation-like conditions to be met by the defendant, under Art. 45.051, V.A.C.C.P. Note: This option is not available to holders of a commercial driver’s license.
Dismissible Traffic Offenses
Certain offenses may be dismissed upon providing proof to the court. Those are only:
1. Failure to Maintain Financial Responsibility: It is a defense to prosecution if the person charged produces in court a motor vehicle liability insurance policy or a certificate of self-insurance previously issued to that person that was valid at the time that the offense is alleged to have occurred.
2. Expired Driver’s License: A judge may dismiss a charge of driving with an expired driver’s license if the defendant remedies the defect within 10 working days. When the defendant provides proof of the remedy to the court and pays a $20 administrative fee, this charge may be dismissed.
3. Expired Motor Vehicle Inspection: The court must dismiss a charge of driving with an expired inspection certificate if:
- the defendant remedies the defect within 10 working days
- the inspection certificate has not been expired for more than 60 days
- the defendant pays an administrative fee of $20 to the court when the charge of driving with an expired inspection certificate has been remedied
4. Expired Registration: A justice of the peace may dismiss a charge of driving with an expired motor vehicle registration if the defendant:
- remedies the defect not later than the 10th working day after the date of the offense
- establishes that the DELINQUENT FEE has been paid
- pays an administrative fee of $20 to when the charge is dismissed
Are Payment Plans Available?
The State of Texas requires that all fines and fees are payable at the time of sentencing. However, upon payment of state fees, you may apply to the court for extended time payments. This requires additional paperwork and approval from the court.
Failure to contact the court by the appearance date on the citation may result in additional charges being filed and issuance of an arrest warrant.
ISSUANCE OF A BAD CHECK
If you received notice from the Court you have been charged with Issuance of Bad Check you must contact the Court immediately. This is a criminal offense and may no longer be settled with the complaining party.
When you appear you will have the following options:
- Plea no contest or guilty and pay a fine of $500.00 plus restitution
- Plea no contest or guilty, pay restitution, and petition the Court for reduction in fine
- Plea not guilty and request a trial
In order to pay restitution you must:
- Present a money order or cashier’s check to the Court in the amount of the
original check plus any merchant fees - Make the money order or cashier’s check payable to the original party
- Do not include any court fees or fines in this amount (fines and fees are payable to the court separately).
If you petition the Court for reduction in the fine, you will be place on a separate docket and notified when to appear in Court for sentencing. When you appear, you may have your fine reduced if you have no prior convictions for Issuance of a Bad Check, or Theft By Check, and you paid restitution in a timely manner.
Non-Traffic Related Offenses
- You may pay the fine. Refer to Schedule of Fines. For offenses not listed, please contact the Judge’s office. Note: Payment of fine constitutes a plea of nolo contendere (no contest) and a guilty verdict will be rendered.
- You may plead not guilty and request either a Bench Trial (trial by Judge) or Jury Trial (trial by jury).
- You may request Deferred Disposition, where a Justice of the Peace may defer final disposition of a case and grant a period for probation-like conditions to be met by the defendant.
What if I have been charged with Assault?
- You may pay the fine. See above.
- You may plea not guilty and request either a Bench Trial or Jury Trial.
- Note: Assaults are not eligible for deferred disposition.
What if I have been charged with Assault and the complaining witness no longer wishes to testify?
The State of Texas may still wish to pursue the complaint, so you must notify the Court of your intentions. However, prior to trial, if the complaining witness files an affidavit of non-prosecution with the Montgomery County District Attorney’s Office, your case will be placed on a Pre-Trial docket, where you and the complaining witness will need to appear and discuss your case with the prosecution, after which the D.A.’s office will make a recommendation to the Court.
Are payment plans available?
The State of Texas requires that all fines and fees are payable at the time of sentencing. However, upon payment of state fees, you may apply to the court for extended time payments. This requires additional paperwork and approval from the court.