AUTHORIZATION FOR APPEALING DALLAS COUNTY TRAFFIC TICKET TO

COUNTY CRIMINAL COURT OF APPEALS OF DALLAS COUNTY, TEXAS

Procedure for Handling Ticket

                Your traffic ticket shall be handled in the County Criminal Court of Appeals of Dallas County, Texas, and not in the original justice of the peace or municipal court.  The attorney shall by-pass the original court by entering a plea of nolo contendere and by filing an appeal bond that removes jurisdiction from the original court and transfers the case to the County Criminal Court of Appeals. The attorney shall handle your case pursuant to this authorization.  If you do not return the authorization, the attorney shall obtain deferred adjudication probation for you at the pretrial, if you are eligible, or the attorney will contact you regarding the option of a trial. 

                The municipal and justice of the peace courts require that an appeal bond signed by you be filed timely in order to appeal the case.  If you fail to sign and return the appeal bond, the attorney shall not appeal your case and you will have to pay the fine.  If you pay the attorney with a bad check and the bad check is not covered at least ten (10) days before the appeal bond is due, the attorney shall not appeal your case, and you will have to pay the fine or appeal the case yourself.

Late Tickets         The courts shall require a DPS (OMNI) fee payment made payable directly to the Court if the ticket has been in warrant status for more than 60 days in order to remove the hold on the renewal of your driver's license.  Furthermore, some courts will not allow the case to be appealed if the DPS fee is not paid. 

Defendant is Client             The defendant is the client of our law firm.  Even if someone else pays our firm the legal fee, the only client is the defendant.  The attorney shall not discuss the case with anyone unless the client authorizes our firm to discuss the case with someone else in writing.

Client's Responsibility      If you receive any information or documents from the Court, it is your responsibility to contact our office immediately.  In some instances, the Court will send court date notices and/or documentation directly to the Defendant instead of sending it to the Attorney.  If you receive a notice from the Court and you fail to send the court's paperwork to the Attorney, the Attorney shall not be held responsible for the consequences.

COMMERCIAL DRIVER'S LICENSE (CLASS "A" OR "B")

Texas Law does not allow either deferred adjudication probation or defensive driving school if you have a commercial driver's license.  The appeals court is presently granting deferred adjudication probation if you were not driving a commercial vehicle at the time you received the citation, and if the case is handled at the pretrial. 

Options

                (1)           Thirty-day Deferred Adjudication Probation Granted on the Pretrial Date

                The attorney recommends this option because deferred adjudication probation will not be granted on the trial date.  This thirty-day deferred adjudication probation shall be granted by the Judge on the pretrial date for the approximate fee of $185.00 to $250.00 for all traffic tickets including insurance cases, except if the violation was for either double the speed limit, over 89 miles per hour, or racing violations.  It is the Judge's discretion to grant deferred adjudication probation for the above-listed serious violations, and if the Judge grants probation, the deferred adjudication probation fee shall be increased and the probation order shall require defensive driving school.  The deferred adjudication probation fee is due within sixty days of the pretrial date.

                (2)           Trial

                If you want a trial, make certain that you have your witnesses and any other evidence with you on the court date.  The range for punishment for most traffic violations is between $1.00 and $200.00 plus court costs.

                If you fail to appear at trial, the attorney shall try to obtain deferred adjudication probation for you for the moving violation, if you are eligible, or a fine for the non-moving violation.  If the court will not grant you deferred adjudication probation on the trial date for the moving violation, the Judge will issue a warrant for your arrest.

Deferred Adjudication Probation

                This type of probation means that there will be no conviction on your driving record if you comply with the following terms of probation: (1) you must not receive and get convicted on another ticket during the thirty-day probation period which begins on the day that the deferred adjudication probation fee is paid; (2) payment of deferred adjudication probation fee; and (3) defensive driving school for serious violations.

                If your ticket is for no insurance, you must supply the Court with proof of current insurance at the time you pay the deferred adjudication probation fee. 

                If you received more than one violation, the District Attorney has agreed to dismiss one of the violations if you choose deferred adjudication probation for all of your other cases. 

Insurance on Date of Offense

                If you had insurance on the date that you received the citation, you must supply my office with proof of the insurance within thirty (30) days of hiring our firm.  If you fail to supply our office with this proof, the attorney shall obtain deferred adjudication probation for you.

Non-clear Driving Record

                If your license is expired, suspended or revoked, or there are warrants for your arrest or surcharges, the Judge will probably not grant you deferred adjudication probation, and the attorney will contact you to discuss your options.  If you fail to clear your driver's license and fail to pay the attorney for trial or request a fine, the Judge find you guilty and  issue a warrant for your arrest. You can still contact the attorney if a warrant is issued for your arrest. 

Expungement

                Please be advised that the violation shall appear on a Dallas County criminal record search even if the case is dismissed for a legal mistake, dismissed after the deferred adjudication probation period ends or if you are acquitted by the Judge or jury.  The only procedure for removing the case from your record after dismissal or acquittal is expungement.

Client's Failure to Comply with Judge's Order

                If you fail to comply with the Judge's sentencing requirements for deferred adjudication probation, the Judge will find you guilty and issue a warrant for your arrest.  You can contact the attorney if a warrant is issued for your arrest.

Non-Refundable Fixed Fees              

All fees paid to the attorney are non-refundable fixed fees.

Legal Fees

                The non-refundable fixed fees are as follows:  (1) legal fee paid for obtaining deferred adjudication probation at pretrial; (2) legal fee paid for posting appearance bond; (3) $500.00 for non-jury trial; (4) $1,000.00 for jury trial; (5) returned checks - $25.00; (6) resetting pretrial or trial - $75.00; and (7) obtaining additional time to pay the deferred adjudication probation fee - $75.00.

                THE LAW IS ALWAYS CHANGING.  THE FINES AND COURT COSTS DESCRIBED HEREIN AND THE REQUIREMENTS MAY POSSIBLY CHANGE OVER TIME DUE TO THE FOLLOWING: (1) CHANGES IN THE LAW; (2) THE JUDGE ON YOUR CASE CHANGING HIS OR HER OPINION OF THE LAW; AND (3) REPLACEMENT OF JUDGES THOUGH THE ELECTION PROCESS OR THROUGH APPOINTMENT. YOUR PAPER FILE SHALL BE DESTROYED BY OUR FIRM WITHIN TWO (2) YEARS AFTER YOUR CASE IS FINALIZED.