The amount of the fine assessed by the court is determined by the facts and circumstances of the case. Mitigating circumstances may lower the fine, and aggravating circumstances may increase the fine. The maximum fine amount allowed for most traffic violations is for most other violations of State law and city ordinances, for fire safety, health, zoning, and sanitation ordinance violations.

Courts are required by the laws of the State of Texas to collect court costs and fees. Because costs vary for different offenses, check with the court for the amount of costs that will be assessed for the violation with which you are charged. If you go to trial, you may have to pay the costs of overtime paid to a peace officer spent testifying at trial. If you request a jury trial and are convicted, a jury fee is assessed. If a warrant was served or processed, a warrant fee is also assessed. If you do not pay the whole fine and costs within 30 days of the court’s judgment, you must pay an additional time payment fee.

Court costs are only assessed if you are found guilty at trial, if you plead guilty or nolo contendere, or if you are granted deferred disposition or a driving safety course. If you are found not guilty or the case is dismissed, court costs are not assessed.

The municipal judge is responsible for conducting a fair, impartial, and public trial. The case against you is brought by the State of Texas through the prosecutor, not the court. Therefore, the judge may not dismiss a case without the prosecutor having the right to try the case.

There are several exceptions to this rule, including deferred disposition, driving safety courses, and compliance dismissals.

If you need a continuance, you must put the request in writing with your reason for your request and submit it to the court prior to trial. You may request a continuance for the following reasons:

1. A religious holy day where the tenets of your religious organization prohibit members from participating in secular activities such as court proceedings (you must file an affidavit with the court stating this information);

2. You feel it is necessary for justice in your case; or

3. By agreement of the parties (you and the prosecutor).

The judge decides whether or not to grant the continuance. Failure to submit the request in writing may cause your request to be denied.

The judge decides whether or not to grant the continuance. Failure to submit the request in writing may cause your request to be denied.

If you choose to have the case tried before a jury, you have the right to question jurors about their qualifications to hear your case. If you think that a juror will not be fair, impartial, or unbiased, you may ask the judge to excuse the juror. You are also permitted to strike three members of the jury panel for any reason you choose, except a strike based solely upon race or gender.

As in all criminal trials, the trial begins with each party given an opportunity to make an opening argument. Then the State presents its case first by calling witnesses to testify against you.

You then have the right to cross-examine the State’s witnesses. You may not, however, argue with the witnesses. Cross-examination must be in the form of questions.

After the prosecution has rested, you may present your case. You have the right to call witnesses who know anything about the incident. The State has the right to cross-examine the witnesses that you call.

If you so desire, you may testify on your own behalf, but as a defendant, you may not be compelled to testify. It is your choice, and your silence cannot be used against you. If you do testify, the State has the right to cross-examine you.

After all testimony is concluded, both sides can make a closing argument. This is your opportunity to summarize the evidence, present your theory of the case, argue why the State has failed to meet its burden of proof, and make other arguments allowed by law. The State has the right to present the first and last arguments.

In determining the defendant’s guilt or innocence, the judge or jury may consider only the testimony of witnesses and evidence admitted during the trial. The judge or jury must find the defendant guilty “beyond a reasonable doubt.”

You may elect the jury to assess the fine if you are convicted. If you do not file an election before the trial begins, the judge will assess the fine. You should be prepared to pay the fine and costs or post an appeal bond if you are convicted.

If you are charged with a traffic offense, you may be eligible to ask the judge to take a driving safety course to dismiss the charge. The request must be made on or before the appearance date on the citation. It must be made in person, by counsel, or by certified mail. (If you are under age 17, you must appear in open court with a parent or guardian to make the request.) If you were operating a motorcycle, you may be required to take a motorcycle operator’s training course. If you are charged with allowing a child to ride unsecured in a safety belt or a child passenger safety seat system, you must take a special driving safety course that has four hours training on child passenger safety seat systems. At the time of the request, you must do the following:

1. Plead guilty or no contest.
2. Pay court costs.
3. Pay a administrative fee, if required.
4. Present proof of financial responsibility (insurance); and
5. Present a valid Texas driver’s license or permit. (Active military and spouses or dependent children of active military may present a valid driver’s license from any state.)

To be eligible, you:

1. Cannot have taken a driving safety course or motorcycle operator’s course for a traffic offense within the last 12 months from the date of the current offense.
2. Cannot currently be taking the course for another traffic violation.
3. Cannot be the holder of a commercial driver’s license (CDL) or have held a CDL at the time of the offense; and
4. Have not committed one of the following offenses: 

• Failure to Give Information at Accident Scene.
• Leaving Scene of Accident.
• Passing a School Bus.
• A serious traffic violation, which applies to commercial motor vehicle operators.
• An offense in a construction or maintenance work zone when workers are present.
• Speeding 25 mph or more over limit; or
• Speeding 95 mph or more. 

The case will be deferred for 90 days. During that time, you must: 

1. Complete a driving safety course approved by the Texas Education Agency or a motorcycle operator’s course approved by the Department of Public Safety and present the completion certificate to the court.
2. Present a certified copy of your driving record from the Department of Public Safety that shows that you have not had a driving safety course within the preceding 12 months from the date of the current offense; and
3. Swear to an affidavit that you were not taking a driving safety course at the time of the request for the current offense and that you have not taken one that is not shown on your driving record.

If you do not present the required documents in time, the court will notify you to return to court and explain why you failed. The judge may, but is not required to, allow you to file the proper papers for an extension at that time. Your failure to be present at that hearing will result in a conviction, a fine being assessed, and a capias pro fine for your arrest being issued.

If you need a continuance, you must put the request in writing with your reason for your request and submit it to the court prior to trial. You may request a continuance for the following reasons:

1. A religious holy day where the tenets of your religious organization prohibit members from participating in secular activities such as court proceedings (you must file an affidavit with the court stating this information).

2. You feel it is necessary for justice in your case; or

3. By agreement of the parties (you and the prosecutor).

The judge decides whether or not to grant the continuance. Failure to submit the request in writing may cause your request to be denied.

If you have a jury trial or bench trial scheduled, the case proceeds the same as if you were an adult. See the Adults pamphlet for information on trial procedures.

If you are found guilty of, or placed on deferred disposition for, an alcohol offense, the court must order you to complete an alcohol awareness course. The court must also order you to complete a period of community service.

If you are found guilty of, or placed on deferred for, a tobacco offense, the court must order you to complete a tobacco awareness course.

If you fail to pay your fine and costs, or violate other orders in the court’s judgment, the court must provide an opportunity for you to explain your conduct. The court at this time may:

1. Determine that you are not in contempt.

2. Refer your case to the county juvenile court as delinquent conduct; or

3. Retain jurisdiction and find you in contempt and assess a fine and/or order the Texas Department of Public Safety to suspend or deny issuance of a driver’s license, until you comply with the court’s order.

You may be denied issuance of a driver’s license or if you have a driver’s license, your privilege to drive may be suspended until you comply with the order(s) of this court. The following is a list of acts that can cause you to be denied or to lose your license:

1. Failing to appear in court;

2. Failing to pay or discharge your fine and costs;

3. Failing to take and present proof of taking an alcohol or tobacco awareness course; and

4. Violating a court order in the court’s judgment.

Some offenses, such as the Alcoholic Beverage Code offenses, require courts upon conviction to order the Department of Public Safety to deny issuance of or to suspend a defendant’s driver’s license for a period of time.

The records of this court, including all records in your case, are public and accessible to the public. However, if you are convicted of and have satisfied the judgment for a fine-only misdemeanor offense other than a traffic offense in this court, the records in your case are confidential, prohibiting release of the records to anyone except you, your parent/guardian, judges or court staff, DPS, an attorney in the case, or criminal agencies for a criminal justice purpose.

You may be entitled to an expunction of the records of a conviction in your case.

For a single alcohol conviction, you may petition this court for an expunction after your 21st birthday.

For tobacco convictions, you may petition this court for expunction after your 18th birthday.

For a single conviction for failure to attend school violation, you may petition this court for an expunction after your 18th birthday.

For a single conviction of any other non-traffic violation, you may petition this court for expunction after your 17th birthday.

Ask the court for proper forms for the application for expunction. The cost of an expunction is a minimum fee. If you have questions concerning the right to, need for, or consequences of expunction, please consult with a licensed attorney.