Turn in to the camo box at the registration desk when complete!

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Shannon Gaines
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1 Your mission: Complete the following questions, either by filling in the blank, selecting the correct multiple choice answer or giving a short answer. Some of these may be answered during class, while others will require some research in the code book or supplemental materials. Turn in to the camo box at the registration desk when complete! Alan Adla, star of the hit television series M*A*R*S*H was in his hometown of Fort Hook, Texas visiting his family for the 4 th of July. They are celebrating early (the weekend before on Saturday, June 29th). His 20-year-old nephew Charlie and he were driving separately back to their hotel that night, with Adla following Charlie (whom he thought had enjoyed one too many hard lemonades). Unfortunately, Officer Gotcha was on the prowl that night, and stopped Adla for a burnt out tail light and speeding. When Adla pulled over, Charlie, thinking it was funny, honked out a Morse code SOS on the horn. Then he pulled over just in front of Adla s vehicle. Officer Gotcha went first to Adla s car. Adla produced a Texas driver s license (he gave up his California license when his show went off the air), but could not produce any proof of vehicle insurance. Officer Gotcha issued Adla a citation with four offenses: speeding, no insurance, no tail light, and no seatbelt. Find the statute that makes each of these an offense and complete the grid below. Use the index in the Code Book to help you. OFFENSE STATUTE FINE RANGE Speeding No insurance No tail light No seat belt Officer Gotcha then went to Charlie s window and asked him for his license and insurance. Charlie gave him both. Officer Gotcha, however, also saw a red solo cup filled with what Gotcha recognized as an adult beverage and he could tell that Charlie had been drinking. Officer Gotcha made Charlie get out of the car to take a sobriety test. He didn t fail, but he didn t pass either. He asked Charlie to take a breathalyzer, and Charlie, thinking there was no way he was over the legal limit, agreed to blow. Blow he did, at a.03 BAC. Charlie forgot, though, that because he was only 20, zero tolerance applied. Officer Gotcha really didn t want to arrest Charlie so close to the end of his shift (he got off at midnight), so he agreed to have Adla drive Charlie the rest of the way and instead issued Charlie a citation for minor driving under the influence and open container. Complete this grid too. OFFENSE STATUTE FINE RANGE DUI Open Container 1

2 Find the offense of Reckless Driving in the Transportation Code. What is the statute? What is the penalty? If Charlie had been charged with Reckless Driving instead of DUI, could the offense have been filed in the Fort Hook municipal court? Adla and Charlie were stopped while driving around Fort Hook. If they had been traveling from Fort Hook to a neighboring town (say, Killian) and were stopped in Killian instead, could the citations have been filed in the Fort Hook municipal court? Of all the offenses that Adla and Charlie were charged with, which one(s) required the issuance of a citation? What statute tells us that? _ The citations are filed in the Fort Hook Municipal Court, where Clerk Candy takes over. And so began the cases of State v. Adla and State v. Charlie. Adla and Charlie are both supposed to appear in the Fort Hook Municipal Court on a date at least 10 days from the issuance of the citation. What statute in Chapter 543 of the Transportation Code says that the time specified in the citation must be at least 10 days after the date of arrest? What statute on page 1820 of the Code Book gives us guidance on how to compute the number of days? Based on this statute, what day would be the earliest date that Adla and Charlie could be required to appear if the citation was issued on Saturday, June 29? Mark the date on the calendar. Sunday Monday Tuesday Wednesday Thursday Friday Saturday JUNE CITATION 30 JULY Clerk Candy gets busy entering the citations into her system. Her software requires her to determine several things when setting up the cases. Which of the offenses that Adla and Charlie were charged with are Rules of the Road offenses? (Hint: there are 3) The Rules of the Road offenses are those offenses contained in Subtitle C, Title 7 of the Transportation Code. Subtitle C is chapters 541 to 600. They begin on page of the Brick. What is the general fine range for a Rules of the Road offense? 2

3 Find an offense in the Rules of the Road that carries a higher fine than the general penalty. Name one Rules of the Road offense that does not involve driving a vehicle (and give the statute). What is the fine range for a Class C misdemeanor in the Penal Code? Find a Class C misdemeanor in the Education Code (and give the statute). Find any offense in any code other than the Transportation Code that carries a higher fine than $500. (Hint: look in the Health and Safety Code) Section of the Transportation Code says that if an offense occurs in a construction or maintenance work zone with workers present, the minimum and maximum fine double. Adla and Charlie were not stopped in a construction zone, but if they had been, what would happen to the fine for each of the offenses cited? (Hint: you must determine to which of these offenses Section would apply) OFFENSE FINE RANGE Speeding No insurance No tail light No seat belt DUI Open Container Adla and Charlie both appear in the Fort Hook Municipal Court as they were supposed to. Name the three different pleas that they could enter to the charges. If they had failed to appear, the law requires a complaint be filed for the charge on which they failed to appear. The law also requires that a complaint be filed when the defendant enters one of the three above pleas. Which plea requires a complaint to be filed? 3

4 What 12 words must a complaint begin with?. Ideally, Officer Gotcha would be the affiant on the complaint. However, that s not necessary because Clerk Candy could be the affiant. And in the Fort Hook Municipal Court, she often is. Adla could have appeared by mail, but instead chooses to come to the court personally. He has found his insurance card, so he brings that to the court, along with a receipt from the auto shop showing that he had the tail light fixed. Section of the Transportation Code says that a person can produce proof of financial responsibility to the court that was valid at the time the offense is alleged to have occurred. After the court the document produced, the court dismiss the charge. Clerk Candy has a standing order from her judge, Judge Payne, directing her to verify proof of insurance, and if valid, to complete the paperwork for a dismissal that the judge will then sign off on. Candy does so, and informs Adla that the no insurance charge is dismissed. Adla would not necessarily have to bring in an insurance card, as liability insurance is only one way to prove financial responsibility. Look on page 1117 in the Code Book, Section of the Transportation Code. If Adla was still a star and hadn t spent his fortune, how much of a deposit would Adla have to make with the county judge to meet the requirement to maintain financial responsibility in lieu of having liability insurance? As for the no taillight charge, Clerk Candy relies on the compliance dismissal found in Section (c) of the Transportation Code that says a court dismiss a charge for an equipment violation if the defendant: 1) the defect before the defendant s first court appearance; and 2) pays an administrative fee not to exceed $. Judge Payne has another standing order allowing clerks to verify the compliance dismissal and assess the administrative fee. Clerk Candy sends her bailiff out to visually verify the taillight has been replaced, and then processes the dismissal page. Adla pays his administrative fee and that case is dismissed. If Adla had failed to appear for his remaining charges, what offense could he be charged with then? What is the statute for that offense? What is the fine range for that offense? If Adla failed to appear in court, Judge Payne could issue an. There are two statutes that deal with arrest warrants: Article and Article of the Code of Criminal Procedure. One is issued by a magistrate; the other by a judge. Which one is issued by a judge? In either case, Article 1.06 of the Code of Criminal Procedure tells us that no warrant shall be issued without supported by oath or affirmation. On the remaining charges, he enters the following pleas: Speeding No seat belt No contest Guilty Which of the offenses with which Adla was charged are eligible for a driving safety course? For that charge, Adla requests a DSC. As for Charlie, he also appears in person. But, if Charlie had failed to appear, what offense could he be charged with? What is the statute for that offense? What is the fine range for that offense? 4

5 Thankfully Charlie is not considered a child (at least age but younger than age ), as that would require the court to follow different rules. What statute tells courts when they must or may transfer a case to the juvenile court? (hint: look on page 1441) What statute says that children must appear in open court with a parent? (hint: look on page 482) A municipal judge may allow a child defendant to elect to discharge the fine and costs by performing or under Article , C.C.P. or by paying the fine now, at some later date, or at designated intervals. Under what statute may a municipal judge waive payment of a fine or costs imposed on a child defendant who defaults in payment if the facts and circumstances warrant it? (hint: look on page 489) What statute describes the contempt provision for children? (hint: look on page 491) How many statutes are there that address expunction of juvenile records? Give all four statutes. Hint: look at the chart in the charts section of your course binder. But none of the special provisions regarding children apply here because Charlie is just a minor. Section of the Alcoholic Beverage Code says that no minor may plead guilty to an offense under this chapter except in court before a. This means that Charlie may not have entered his plea by mail and Charlie must see Judge Payne instead of entering a plea to Clerk Candy on the DUI charge. Charlie asks Clerk Candy if he may get probation. Look at the Deferred Disposition statute in Article of the Code of Criminal Procedure. What is the 34 th word of subsection (a)? (now go back and read subsection (a)) Thus, Clerk Candy tells Charlie he must ask Judge Payne. Candy sets Charlie on a docket to see the judge the next week. In the meantime: Judge Payne is an experienced judge with a good reputation in the community. People have found him to be fair, respectful, and considerate. Two men come to Candy s desk, identify themselves as Kroger and Dorfman, old military squad mates of the judge, and ask to see him. Candy sends someone to pass the message on to the judge. While waiting for the return of the messenger, Candy overhears Kroger and Dorfman discussing old times, including the disturbing story of how they first met Judge Payne, whom they call Major. Upon first entering the military many years ago, Kroger and Dorfman observed Major using the window of a tank as a rest room. Horrified, Candy wonders to herself whether this behavior, if made known to the Commission on Judicial Conduct, would result in sanctions. Would it? a. Yes, this is conduct that brings discredit upon the judiciary 5

6 b. No, the Commission has no authority to sanction a judge for acts that occurred before a judge took the bench Judge Payne is about to go to trial on another case. Clerk Candy is busy sorting through juror information cards that have been returned and noting exemptions or excuses, and getting the case files ready for the judge, prosecutor, and defendant, including sending a copy of the complaint to the defendant. Potential jurors have filed signed statements with the clerk claiming exemptions. Which of the following claimed exemptions is not valid (hint: look at Section of the Government Code)? a. Mr. Burns claimed an exemption because he is 76 years old b. Ms. Cleaver claimed an exemption because she has two sons under the age of 12 who would be unsupervised if she served as a juror (which would be particularly disastrous for her son, Beaver) c. Mr. Griffith claimed an exemption because he served on a jury last year in Mayberry, which has a population of 1,500 d. Ms. Huxtable claimed an exemption because she is currently a student at a public university Back to Adla. Adla meets all the requirements to get a driving safety course for the speeding charge. He has not taken one in the past 12 months, he has a valid Texas driver s license, he showed his proof of financial responsibility, it is the right kind of offense, and he files the appropriate affidavits. Judge Payne grants his request to take a DSC. He is ordered to pay the court costs and complete the DSC within 90 days and submit proof of completion to the court. He also must pay an administrative fee of $10. Is the fee the correct amount? (Hint: see Article of the Code of Criminal Procedure) How many subsections are there in the DSC statute? For the seatbelt offense, Judge Payne accepts Adla s guilty plea and assesses the maximum fine of $50 plus payment of all court costs. Adla is not so concerned with taking a conviction on the seat belt offense because it is not a moving violation and will not appear on his driving record. How much is the consolidated fee on fine-only misdemeanors? What two court costs apply only to Rules of the Road offenses and how much are they? What three court costs require their own fund and an ordinance to be enacted to collect? How much is the Moving Violation Fee? In what code is the list of moving violations found? How much does the city get to keep of this fee if it is timely reported? If Adla fails to pay the fine and costs on this charge, Judge Payne could issue a. If Officer Gotcha has to process or execute a capias pro fine, how much would be added to the court costs that Adla owes? 6

7 If Adla fails to turn in proof of completion for the DSC, he would have to appear on a show cause hearing. If he failed to show cause for why he did not complete the course, Judge Payne would enter a conviction against Adla and order him to pay a fine and any remaining costs. If the judgment allowed him to pay over three months, what fee would be added and how much is it? There are many differences between municipal courts of record and courts of non-record. Fort Hook is a non-record municipal court. This means that an appeal from the Fort Hook municipal court is review in the county court. If Adla wanted to appeal that conviction, how long would he have to file his appeal bond and notice of appeal? But, let s assume that he does everything he must on the speeding charge, and his case gets. For Charlie Judge Payne grants him deferred disposition on both the DUI and Open Container charges, but only after a stern lecture and warning. Because he is so serious about alcohol offenses, Judge Payne requires that Charlie complete many conditions of his deferred disposition, including: payment of all court costs; payment of a that cannot exceed the maximum amount of the fine that could have been imposed (some sum of money); completion of the required class (required by Section of the Alcoholic Beverage Code); community service (although not required for DUI, it is a condition) (hint: see Article (b)(10) of the Code of Criminal Procedure); attend a driving safety course (required because Charlie is under age and both DUI and open container are considered ); and attend an 25 class. Section of the Alcoholic Beverage Code says that the court furnish to the Department of Public Safety a notice of each order of deferred disposition for an offense under Chapter 106. Let s also assume that Charlie who really wants to keep these charges off of his record does everything he is supposed to do and submits all proof to the court within the time of his probation. How long may the probation period be? (hint: begins with up to ) Let s pretend, though, that Charlie did not complete the deferral, was set for a show cause, failed to appear, and conviction was entered. If Charlie had paid the special expense fee, would he also have to pay a fine? While Adla and Charlie are in their deferral periods (for Adla under the DSC statute and for Charlie under the Deferred statute), Clerk Candy must continue business as usual. Clerk Candy must report to the Office of by the 20 th day of each month in the OCA. Clerk Candy must report convictions to the Department of within days of conviction. Court costs are reported (how often) to the of Public Accounts. Are We Having Fun Yet? 7

Dissecting DSC. DSC Qualifications. DSC Qualifications. Timely Request Before the answer date

Dissecting DSC. DSC Qualifications. DSC Qualifications. Timely Request Before the answer date Dissecting DSC Leisa Hardin Court Administrator City of Mansfield DSC Qualifications Timely Request Before the answer date Mailbox Rule Art. 45.013 CCP If mailed on or before answer date (by certified