Waco Texas Traffic Tickets/Citations
Please realize the information contained on this website should not be construed as legal advice, nor does it create an attorney-client relationship between us. It is simply here to help assist you in determining if you need to retain an attorney.
Free Consultation (in office or by phone) with attorney Brennan Diamond (by appointment only)
What are my options for dealing with a traffic ticket?
Options include: paying the ticket with a guilty or no contest plea, dismissal of the citation by taking a defensive driving class, asking the judge for a deferred disposition (which keeps the ticket off your record if completed successfully), dismissal of the ticket prior to trial because of an error made by the officer or prosecution, or a trial either in front of the judge or a jury.
Typically those with a Commercial Drivers License (CDL) or those speeding more than 25mph over the limit are not eligible for anything other than pleading guilty, taking it to trial, or appealing to a higher court. However, some municipal or justice court judges might be willing to work with you.
Also, drivers under 25 years old are almost always required to take a defensive driving class as a term of deferred disposition probation.
Options When You Hire Us
We offer several options to fit your budget and your need for justice.
1. The least expensive option involves hiring us to submit a plea of no contest/guilty and plea bargain request directly to the court. This satisfies your duty to "appear" and usually offers a high rate of success in keeping the citation off your driving record. Our work is complete when we submit the plea to the court, regardless if the court accepts or rejects the plea request. It may not be successful for those with a CDL or speeding more than 25mph over the limit or if you have failed to appear/been issued a warrant or "FTA."
2. If your ticket is from the Central Texas area, the next option is having us file an appearance and plea of not guilty, set the matter for a pre-trial hearing, and appear at the pre-trial to attempt to work out a plea bargain that you are happy with. Sometimes this option can result in a better plea bargain than option 1. may not be successful for those with a CDL or speeding more than 25mph over the limit or if you have failed to appear/been issued a warrant or "FTA."
3. Direct appeal option. We can file a notice of appeal and remove the case from the JP or Municipal Court and take it up in the McLennan County Courts at Law. Legally, the judge can grant a deferral at County Court even on CDL holders and those speeding more than 25mph over the limit. However the prosecution may not recommend deferral for your case, and some will not for CDL holders unless they were driving their personal vehicle. The judge may require you to physically appear in court.
4. Trial, which can be held in front of a judge or a jury.
5. Appeal after trial. If you are convicted after a trial in municipal or justice court, you can appeal and receive a new trial in the County Court at Law (unless the original trial court was a "court of record").
6. Appeal to 10th Court of Appeals, Waco, Texas. For those convicted after trial in the County Court at Law (or another "court of record"), you can appeal any legal errors made to the 10th Court of Appeals.
7. Appearance after Failure to Appear/Warrant/FTA. If you have failed to appear, and your case is pending in McLennan County, Texas we can file an appearance and try to work out a plea bargain. You will be responsible to pay additional fees to the court/state.
While many traffic matters can be handled via phone calls and/or emails, we may require an in-office consultation and/or follow up visits or appearances in court. No matter what, we cannot be retained without signing a retainer agreement.
To assist you with a traffic citation, because of the time constraints, we require that you retain us no later than two business days prior to your court appearance due date so that we will have time to confirm your retaining our firm and prepare and file the appropriate appearance paperwork.
(and other class C misdemeanor violations)