Martin J. Rubin, Attorney at Law, Counseling Texas Citizens for 33 Years
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Court of Record Traffic Ticket

 

AUTHORIZATION FOR COURT OF RECORD TRAFFIC TICKET

 

Procedure for Handling Ticket

 

(1)           If your ticket is in warrant status the attorney shall post an appearance bond within the next four working days;

(2)           the attorney shall review the complaint to determine if there are any legal mistakes (not factual mistakes) and will try to have the case dismissed if there are any legal mistakes;

  • (3) if the case is not dismissed, the attorney will request deferred adjudication probation;
  • (4) if you are ineligible for deferred adjudication probation, the attorney shall contact you to discuss your option for trial or defensive driving school.;
  • (5) the attorney shall appear with you for the trial if you have paid the attorney for trial; and
  • (6) the attorney shall not handle either show cause hearings or appeals except for additional legal fees.

 

IF YOU DO NOT RETURN THE AUTHORIZATION, THE ATTORNEY SHALL TRY TO OBTAIN DEFERRED ADJUDICATION PROBATION FOR YOU FOR MOVING VIOLATIONS AND A FINE FOR NON-MOVING VIOLATIONS.

 

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 except if the client authorizes our firm to discuss the case with someone else.

 

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 inform 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.  It does not matter if you were driving a commercial vehicle or your personal vehicle at the time of the offense. Therefore, your case will probably have to be set for a jury trial.  There is a chance that the Court may not apply the law and allow you to obtain deferred adjudication probation. 

 

Deferred Adjudication Probation     There will be no conviction on your driving record if you comply with the terms of probation:

 

(1)           you must not receive and be convicted of another moving violation during the probation period which will last up to 180 days from the court date when the probation is granted; (Some Judges will consider a violation of probation to be the receipt of a new citation during the probation.);

 

(2)           you must pay a deferred adjudication fee between approximately $100.00 to $250.00 (Money is due as follows:  10 days prior to first court date for Addison, Carrollton, Lewisville and Coppell; within approximately thirty (30) days after the court date for DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Richardson and Rowlett); and 

 

(3)           that you may possibly have to take the defensive driving school as a condition if your violation was for an excessive speed or if you are under 25 years of age.

 

                The Judge may not grant deferred adjudication probation if your speed was too fast, if your driving record has multiple violations, or if you received more than one moving violation at the time that you received this citation.  The Judge will probably not grant deferred adjudication probation if you have received deferred adjudication probation from the Court during the past twelve (12) months or if you were on probation at the time you received this citation.  Passing a school bus violation will cost approximately $750.00 to $1,000.00.

 


Requirements for Deferred Adjudication Probation for No Insurance Tickets

 

                If your ticket is for no liability insurance, the Judge may possibly grant you deferred adjudication probation for 180 days on the condition that you pay the deferred adjudication fee between $250.00 and $345.00 and maintain liability insurance coverage during the probation period.  Addison charges approximately $1,000.00 for deferred adjudication probation for a second no insurance case. Richardson will require proof of current insurance when you pay the deferred adjudication probation fee, and proof of insurance with a signed statement from your insurance agent confirming no lapse in coverage at the end of the probation period. Lewisville and Carrollton will require current pre-paid proof of insurance valid on the court date through the 180-day probation period. If you had insurance on the date that you received the citation, you must supply my office with proof of the insurance within ten (10) 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-Moving Violations     

 

                The attorney shall obtain a fine for non-moving violations.

 

Attorney Bond

 

                If the attorney has posted a bond on your case and you fail to pay the deferred adjudication fee, or you are ineligible for either deferred adjudication probation or defensive driving school, and you fail to pay the attorney for a trial within ten (10) days of the request for payment, the attorney shall have an option of pleading you guilty and obtaining a fine.  If the attorney requests your appearance in court and you fail to appear, the attorney shall plead you guilty and obtain a fine for all cases that you are ineligible for deferred adjudication probation or defensive driving school.

 

Trial

 

                If you are ineligible for either deferred adjudication probation or defensive driving school, the attorney shall go to trial on your case if you have paid the legal fees.  If you go to trial on your case and you are found guilty, the range of punishment on most cases is between $1.00 and $200.00 plus court costs.  If you fail to appear for trial and the attorney has posted a bond on your case, the attorney has the option of pleading you guilty.  If you fail to appear for trial the Judge will issue a warrant for your arrest.

 

                If the Judge issues a warrant for your arrest because of your failure to appear for trial, you will have to post a bond and pay the attorney additional fees to handle the case.  If a jury trial results in a hung jury, there shall be additional legal fees as outlined below.

 

Non-Refundable Fixed Fees              

 

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

 

Legal Fees

 

                 The non-refundable fixed fees for handling the ticket are as follows: (1) non-late ticket without trial - $75.00 except as provided below; (2) post appearance bond - $50.00 except as provided below; (3) returned check - $25.00; (4) resetting case at pre-trial or on trial date - $100.00; (5) trial - $1000.00 and up; (6) resending documents - $15.00;  (7) additional trials - to be discussed;  (8) Irving and Farmers Branch - non-late ticket without trial - $50.00;  (9) Richardson and Garland late tickets without trial - $250.00; (10) Flower Mound - non-late tickets without trial - $250.00; (11)  Flower Mound - late tickets without trial - $300.00; and (12) Rowlett - to be discussed.

 

Withdrawal          

 

                The attorney shall withdraw for: (1) failure to pay legal fees; (2) failure to pay fees and court costs, as required; or (3) lack of cooperation.

 

               

 

                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. YOUR FILE SHALL BE DESTROYED BY OUR FIRM WITHIN FIVE (5) YEARS AFTER YOUR CASE IS FINALIZED.