Driving Offenses

Driving Offenses in Texas can range anywhere from class c misdemeanors to felonies. Most driving offenses will be moving violations. Examples of moving violations are speeding, changing lanes in an unsafe manner, coasting, excessive acceleration, and aggravated assault with a motor vehicle.

Traffic offenses that are classified as class C misdemeanors are handled in a city municipal court, if the ticket was issued by a city police officer, or in a justice of the peace court, if the ticket was issued by a county or state police officer. For class c misdemeanors only, an individual is not afforded the opportunity to have a court attorney appointed to their case.

An individual has several options available to them when their case is at a Municipal or Justice of the Peace Court. Option number one is to simply to plead guilty and pay the fine assessed for the ticket. This option, however, will result in a conviction on your record. Option number two, is to request defensive driving at an approved driving school. The court will grant a period, generally ninety days, for you to complete this course either online, by a video or though a local class and return the certificate to the court within that time period. The individual will be ordered to pay court cost the day they make the request or before the time period expires. With this option, the case will be dismissed by the Court. The third option is to request deferred adjudication probation. The court will order the ticket to be dismissed if during the period, generally ninety to one hundred and eighty days, granted by the court, the individual does not violate any more laws in this state or another state. The individual will be required to pay court cost and, in some cases, a special expense fee. The option also will result in the case being dismissed by the Court. The last option is to have a trial. The individual will plead not guilty and will have the opportunity to question the state’s witnesses and the opportunity to bring forth you own witnesses. If an individual requests to represent him or herself, they will be required to follow the Rules of Evidence, the Rules of Procedure and respect proper court decorum.

If the individual has a commercial driver’s license, a conviction of any moving violation may result in the suspension or revocation of your C.D.L.

For driving offenses that are classified as a class A or B misdemeanor or felonies can carrying a penalty of jail time if convicted. To avoid being incarcerated either in county or state jail, you will need an experienced attorney on your side.