AUTHORIZATION FOR OUT OF COUNTY TRAFFIC TICKET

Procedure for Handling Ticket

(1)        If your ticket is in warrant status the attorney shall post an appearance bond by mail as soon as possible.

(2)        The attorney will try to obtain deferred adjudication probation for moving violations and no insurance tickets and a fine for non-moving violations.  The attorney shall not request defensive driving school for you.

(3)        If the Judge does not grant you deferred adjudication probation by mail, the attorney shall advise you to pay the fine, request a pre-trial, request a trial or appeal the case if the original court is not a court of record.  The attorney will also advise you about any additional fees.

(4)        The attorney will not set this case for trial.  The attorney will handle this case by mail and/or telephone with the Court. You are not hiring the attorney to try this case, appear in Court for pre-trial or trial,  appeal this case, or appear at a show cause hearing.

• (5) If you do not pay the required court payments, the attorney may withdraw from your representation or plead you guilty if the attorney has posted a bond.
• (6) If the attorney has posted a bond on your case and you fail to pay the required court payments and to follow the Court's order, the attorney shall have the Judge enter a fine on this case. If the attorney has posted a bond on your case and the Judge refuses to grant you deferred adjudication probation, or if the Judge requires a court appearance, the attorney has the option of pleading you guilty and obtaining a fine and you can either pay the fine or appeal the case within the required time period if the court is not a court of record. The attorney shall not represent you at show cause hearings if you fail to follow the Court's order.

(7)        If you do not return the Authorization, the attorney shall try to obtain deferred adjudication probation for you.

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 may be a possibility of negotiating a plea bargain for your moving violation as a non-moving violation.  There is also a slight chance that the Court may not apply the law and allow you to obtain deferred adjudication probation.  The legal fee for handling your citation is $750.00 for all court appearances up to and including the first jury trial setting.  There is an additional legal fee of $250.00 for each court appearance after the first jury trial setting.

Deferred Adjudication Probation

            This type of probation, which is discretionary with the Judge, means that there will be no conviction on your driving record if you comply with the terms of probation:

(1)        you must not receive and get convicted on another moving violation during the probation period which may last up to six months (some courts will revoke your probation if you receive a citation);

(2)        you must pay a deferred adjudication fee between $100.00 to $250.00 as ordered by the Court, which could possibly be due immediately (approximately $200.00 - $350.00 for no insurance cases);

(3)        you may have to take defensive driving school as a condition of the probation (this will be required if you are under 25 years of age);

(4)        you may have to obtain a copy of your driving record;

(5)        you may have to send in an affidavit of compliance to the Court at the end of the probation period.

(6)        you may possibly have to perform community service;

(7)        you may possibly have to appear in the Court; and

(8)        you may have to provide proof of insurance.

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 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

            Some violations are considered to be non-moving violations.  These types of violations include seat belt, inspection sticker and registration violations.  The attorney shall obtain a fine for non-moving violations.

Non-Refundable Fixed Fees

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

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.

Legal Fees

            The non-refundable fixed fees for handling the ticket are as follows: (1) non-late ticket without trial - $75.00; (2) post appearance bond - $50.00; (3) returned checks - $25.00; (4) resetting case - $100.00; and (5) resending documents - $15.00.  Commercial driver's license holders - $750.00 and up (See paragraph above entitled "Commercial Driver's License" for applicable fees.)

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.