DSC and Deferred Disposition for Young Drivers
|
|
- Virginia Richardson
- 5 years ago
- Views:
Transcription
1 DSC and Deferred Disposition for Young Drivers 2013 Traffic Safety Conference The leading cause of death for teens is motor vehicle crashes Reasons why? Types of driver licenses: a. Learner license must have a licensed adult 21+ yoa in the front seat when driving b. Minor restricted driver license (a/k/a hardship license) c. Provisional license for drivers under age 18 d. Driver license free of the restrictions on young drivers Driving is a privilege, not a right Requirements to obtain a driver license: a. Tied to education b. Driver education training
2 Magic age = Alternative Sentencing Options for Young Drivers Driving Safety Course (Article , Code of Criminal Procedure) (a) Except as provided by Subsection (a 1), this article applies only to an alleged offense that: (1) is within the jurisdiction of a justice court or a municipal court; (2) involves the operation of a motor vehicle; and (3) is defined by: (A) Section , Transportation Code; (B) Subtitle C, Title 7, Transportation Code; or (C) Section (a)(3), Transportation Code. (a 1) If the defendant is younger than 25 years of age, this article applies to any alleged offense that: (1) is within the jurisdiction of a justice court or a municipal court; (2) involves the operation of a motor vehicle; and (3) is classified as a moving violation. (b) The judge shall require the defendant to successfully complete a driving safety course approved by the Texas Education Agency or a course under the motorcycle operator training and safety program approved by the designated state agency under Chapter 662, Transportation Code, if: (1) the defendant elects driving safety course or motorcycle operator training course dismissal under this article; (2) the defendant: (A) has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12 months preceding the date of the offense; or (B) does not have a valid Texas driver's license or permit, is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, and has not completed a driving safety course or motorcycle operator training course, as appropriate, in another state within the 12 months preceding the date of the offense; (3) the defendant enters a plea under Article in person or in writing of no contest or guilty on or before the answer date on the notice to appear and: (A) presents in person or by counsel to the court a request to take a course; or (B) sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course; (4) the defendant: (A) has a valid Texas driver's license or permit; or (B) is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty;
3 (5) the defendant is charged with an offense to which this article applies, other than speeding at a speed of: (A) 95 miles per hour or more; or (B) 25 miles per hour or more over the posted speed limit; and (6) the defendant provides evidence of financial responsibility as required by Chapter 601, Transportation Code. (c) The court shall enter judgment on the defendant's plea of no contest or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant 90 days to successfully complete the approved driving safety course or motorcycle operator training course and present to the court: (1) a uniform certificate of completion of the driving safety course or a verification of completion of the motorcycle operator training course; (2) unless the judge proceeds under Subsection (c 1), the defendant's driving record as maintained by the Department of Public Safety, if any, showing that the defendant had not completed an approved driving safety course or motorcycle operator training course, as applicable, within the 12 months preceding the date of the offense; (3) an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as applicable, under this article on the date the request to take the course was made and had not completed such a course that is not shown on the defendant's driving record within the 12 months preceding the date of the offense; and (4) if the defendant does not have a valid Texas driver's license or permit and is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as appropriate, in another state on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense. (c 1) In this subsection, "state electronic Internet portal" has the meaning assigned by Section , Government Code. As an alternative to receiving the defendant's driving record under Subsection (c)(2), the judge, at the time the defendant requests a driving safety course or motorcycle operator training course dismissal under this article, may require the defendant to pay a fee in an amount equal to the sum of the amount of the fee established by Section , Transportation Code, and the state electronic Internet portal fee and, using the state electronic Internet portal, may request the Texas Department of Public Safety to provide the judge with a copy of the defendant's driving record that shows the information described by Section (b), Transportation Code. As soon as practicable and using the state electronic Internet portal, the Texas Department of Public Safety shall provide the judge with the requested copy of the defendant's driving record. The fee authorized by this subsection is in addition to any other fee required under this article. If the copy of the defendant's driving record provided to the judge under this subsection shows that the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12 months preceding the date of the offense, the judge shall allow the defendant to complete the appropriate course as provided by this article. The custodian of a municipal or county treasury who receives fees collected under this subsection shall keep a record of the fees and, without deduction or proration, forward the fees to the comptroller, with and in the manner required for other fees and costs received in connection with criminal cases. The comptroller shall credit fees received under this subsection to the Texas Department of Public Safety.
4 (d) twithstanding Subsections (b)(2) and (3), before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this article. (e) A request to take a driving safety course or motorcycle operator training course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant's promise to appear. (f) In addition to court costs and fees authorized or imposed by a law of this state and applicable to the offense, the court may: (1) require a defendant requesting a course under Subsection (b) to pay an administrative fee set by the court to cover the cost of administering this article at an amount of not more than $10; or (2) require a defendant requesting a course under Subsection (d) to pay a fee set by the court at an amount not to exceed the maximum amount of the fine for the offense committed by the defendant. (g) A defendant who requests but does not take a course is not entitled to a refund of the fee. (h) Fees collected by a municipal court shall be deposited in the municipal treasury. Fees collected by another court shall be deposited in the county treasury of the county in which the court is located. (i) If a defendant requesting a course under this article fails to comply with Subsection (c), the court shall: (1) notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and (2) require the defendant to appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court. (j) If the defendant fails to appear at the time and place stated in the notice under Subsection (i), or appears at the time and place stated in the notice but does not show good cause for the defendant's failure to comply with Subsection (c), the court shall enter an adjudication of guilt and impose sentence. (k) On a defendant's showing of good cause for failure to furnish evidence to the court, the court may allow an extension of time during which the defendant may present: (1) a uniform certificate of course completion as evidence that the defendant successfully completed the driving safety course; or (2) a verification of course completion as evidence that the defendant successfully completed the motorcycle operator training course. (l) When a defendant complies with Subsection (c), the court shall: (1) remove the judgment and dismiss the charge; (2) report the fact that the defendant successfully completed a driving safety course or a motorcycle operator training course and the date of completion to the Texas Department of Public Safety for inclusion in the person's driving record; and (3) state in that report whether the course was taken under this article to provide information necessary to determine eligibility to take a subsequent course under Subsection (b).
5 (m) The court may dismiss only one charge for each completion of a course. (n) A charge that is dismissed under this article may not be part of a person's driving record or used for any purpose. (o) An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may not cancel or increase the premium charged an insured under the policy because the insured completed a driving safety course or a motorcycle operator training course, or had a charge dismissed under this article. (p) The court shall advise a defendant charged with a misdemeanor under Section , Transportation Code, Subtitle C, Title 7, Transportation Code, or Section (a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right under this article to successfully complete a driving safety course or, if the offense was committed while operating a motorcycle, a motorcycle operator training course. The right to complete a course does not apply to a defendant charged with: (1) a violation of Section , , or , Transportation Code; (2) a serious traffic violation; or (3) an offense to which Section or (b), Transportation Code, applies. (q) A notice to appear issued for an offense to which this article applies must inform a defendant charged with an offense under Section , Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an offense under Section (a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right to complete a driving safety course or, if the offense was committed while operating a motorcycle, of the defendant's right to complete a motorcycle operator training course. The notice required by this subsection must read substantially as follows: "You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course." (r) If the notice required by Subsection (q) is not provided to the defendant charged with the offense, the defendant may continue to exercise the defendant's right to take a driving safety course or a motorcycle operator training course until the notice required by Subsection (q) is provided to the defendant or there is a final disposition of the case. (s) This article does not apply to an offense committed by a person who: (1) holds a commercial driver's license; or (2) held a commercial driver's license when the offense was committed. (t) An order of deferral under Subsection (c) terminates any liability under a bail bond or appearance bond given for the charge. (u) The requirement of Subsection (b)(2) does not apply to a defendant charged with an offense under Section , Transportation Code, if the judge requires the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course that includes four hours of instruction that encourages the use of child passenger safety seat systems, and any driving safety course taken by the defendant under this section within the 12 months preceding the date of the offense did not include that training. The person's driving record under Subsection (c)(2) and the
6 affidavit of the defendant under Subsection (c)(3) is required to include only previous or concurrent courses that included that training. What is covered in a driving safety course? Approved by the Texas Education Agency, in Chapter 1001, Education Code DSC Recap: For a young driver (under the age of 25), to be eligible to take a driving safety course, the offense must be classified as a, and may not be one of the ineligible offenses. The person must have a valid Texas driver s license or, or be active duty military (or spouse/dependent). The person must show proof of financial responsibility as required by Chapter of the Transportation Code. The person must timely request the DSC (but the court must also advise the person of their right to request one) and have not taken one for ticket dismissal in the past 12 months. If either of these are not met, the person may still be allowed to take a DSC based on the of the judge. tes:
7 Deferred Disposition (Article , Code of Criminal Procedure) (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a special expense fee on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The special expense fee may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the special expense fee for good cause shown by the defendant. If the judge orders the collection of a special expense fee, the judge shall require that the amount of the special expense fee be credited toward the payment of the amount of the fine imposed by the judge. An order of deferral under this subsection terminates any liability under a bail bond or an appearance bond given for the charge. (a 1) twithstanding any other provision of law, as an alternative to requiring a defendant charged with one or more offenses to make payment of all court costs as required by Subsection (a), the judge may: (1) allow the defendant to enter into an agreement for payment of those costs in installments during the defendant's period of probation; (2) require an eligible defendant to discharge all or part of those costs by performing community service under Article or ; or (3) take any combination of actions authorized by Subdivision (1) or (2). (b) During the deferral period, the judge may require the defendant to: (1) post a bond in the amount of the fine assessed to secure payment of the fine; (2) pay restitution to the victim of the offense in an amount not to exceed the fine assessed; (3) submit to professional counseling; (4) submit to diagnostic testing for alcohol or a controlled substance or drug; (5) submit to a psychosocial assessment; (6) participate in an alcohol or drug abuse treatment or education program; (7) pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; (8) complete a driving safety course approved under Chapter 1001, Education Code, or another course as directed by the judge; (9) present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this article; and (10) comply with any other reasonable condition. (b 1) If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation: (1) Subsection (b)(8) does not apply; (2) during the deferral period, the judge: (A) shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and (B) may require the defendant to complete an additional driving safety course designed for drivers younger than 25 years of age and approved under Section , Education Code; and
8 (3) if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by Section (b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously. (b 2) A person examined as required by Subsection (b 1)(3) must pay a $10 examination fee. (b 3) The fee collected under Subsection (b 2) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521, Transportation Code. (c) On determining that the defendant has complied with the requirements imposed by the judge under this article, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. (c 1) If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court shall: (1) notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and (2) require the defendant to appear at the time and place stated in the notice to show cause why the order of deferral should not be revoked. (c 2) On the defendant's showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court may allow an additional period during which the defendant may present evidence of the defendant's compliance with the requirements. (d) If on the date of a show cause hearing under Subsection (c 1) or, if applicable, by the conclusion of an additional period provided under Subsection (c 2) the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose the fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant. This subsection does not apply to a defendant required under Subsection (b 1) to complete a driving safety course approved under Chapter 1001, Education Code, or an examination under Section (b)(2), Transportation Code. (d 1) If the defendant was required to complete a driving safety course or an examination under Subsection (b 1) and on the date of a show cause hearing under Subsection (c 1) or, if applicable, by the conclusion of an additional period provided under Subsection (c 2) the defendant does not present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed. The imposition of the fine constitutes a final conviction of the defendant. (e) Records relating to a complaint dismissed as provided by this article may be expunged under Article If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose. (f) This article does not apply to: (1) an offense to which Section , Transportation Code, applies; or
9 (2) a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who: (A) holds a commercial driver's license; or (B) held a commercial driver's license when the offense was committed. Deferred Recap: If a young driver is granted deferred and the person is charged with a, the judge must require the defendant to complete a driving safety course as a condition of deferred. Additionally, If the defendant holds a provisional license, the judge must require the defendant to retest with DPS. The judge require the defendant to complete a special young driver education course 25), approved under Section , Education Code. tes: Why not a straight conviction?
10 COMPARISONS OF DEFERRED OPTIONS (Effective September 1, 2011) Application/Use How Often Plea Required Proof of TX DL or on Active Military Duty Proof of Financial Responsibility State Court Cost Collected Time Limit Optional Administrative or Special Expense Fee Driving Safety Course (DSC) or Motorcycle Operator Course (MOC) Dismissal Procedures, Article , C.C.P. If defendant is at least 25 years of age, applies to the following traffic offenses: Section , T.C.; (Obeying Warning Signs) Subtitle C, Title 7, T.C.; (Rules of the Road) Section (a)(3), T.C. (Operation of Motor Vehicle by Minor) If defendant is under 25, applies to offenses classified as moving violations Does not apply to: Offenses committed in a construction work maintenance zone when workers are present, Sec , T.C.; Art (p)(3), C.C.P.; Traffic offenses committed by a person with a commercial driver s license, Art (s), C.C.P.; Passing a school bus, Sec , T.C.; Leaving the scene of an accident, Sec or , T.C.; or Speeding 25 mph or more over the limit or in excess of 95 m.p.h. Art (b)(5), C.C.P. Court must advise person charged with offenses under Subtitle C, Rules of the Road, T.C., of right to take course. Defendant may request if the defendant has not had a driving safety course within the 12 months preceding the date of the current offense. Under Subsection (u), defendants may take DSC for a violation of Child Passenger Safety Seat laws even if they have taken DSC in the last 12 months, as long as the judge requires the defendant to take a specialized DSC (including 4 hours of instruction on child passenger safety seat systems) and any course the defendant has taken in the last 12 months did not include such instruction. If the defendant is a member, spouse, or dependent child of a member, of the US military forces serving on active duty, the defendant cannot have taken a DSC/MOC in another state within the 12 months preceding the date of the current offense. Under Subsection (d), the court has discretion to grant DSC/MOC even if one has been taken within the previous 12 month period, or if the request was not made timely. A plea of guilty or nolo contendere is required when the request is made. Request must be made on or before answer date on citation. Judge has discretion to grant a late request under Subsection (d). Defendant must have a Texas driver s license or permit. If the defendant is on active military duty or is an active duty military spouse or dependant child, the defendant does not have to have a Texas driver s license or permit. Defendants are required to present proof of financial responsibility as required by Chapter 601, Transportation Code. YES Due when request made. Court defers imposition of the judgment for 90 days. The defendant must take the course and present evidence of completion by the 90 th day. Defendant is also required to present to the court a certified copy of his or her driving record as maintained by DPS and an affidavit stating that he or she was not taking DSC or MOC at the time of the request nor has he or she taken a course that is not on his or her driving record. Under Subsection (u), the defendant s driving record and affidavit are required to show that defendant did not have specialized DSC in preceding 12 months. If defendant makes request on or before answer date, the court may only assess an administrative $10 non-refundable fee. If the judge grants a course before the final disposition of the case under Subsection (d), the court may assess a fee not to exceed the maximum possible penalty for the offense. Suspension of Sentence and Deferral of Final Disposition, Article , C.C.P. Applies to all fine-only offenses except: Traffic offenses committed in a construction work maintenance zone when workers present (Sec , T.C.; Art (f)(1), C.C.P.); or A violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who holds a commercial driver s license; or held a commercial driver s license when offense committed (Art (f), C.C.P.). Subject to judicial discretion. A plea of guilty or nolo contendere or a finding of guilt required. Page 1 of 2 Funded by a grant from the Texas Court of Criminal Appeals Rev. 08/1 Effective 09/01/11 NO NO YES Judge may allow defendant to pay out during deferral period by time payments, performing community service, or both. t to exceed 180 days. (1 to 180 days) SPECIAL EXPENSE FEE (SEF), not to exceed amount of fine that could be imposed at the time the court grants the deferral. Court may elect not to collect for good cause shown. SEF may be collected at anytime before the date the probation ends. In the event of default, the judge shall require that the amount of the SEF be credited toward the amount of the fine imposed by the judge.
11 Fee for Driving Record Other Requirements Satisfactory Completion Failure to Complete Driving Safety Course (DSC) or Motorcycle Operator Course (MOC) Dismissal Procedures Article , C.C.P. Rather than allowing the defendant to obtain his or her driving record and provide it to the court, the court may obtain the certified driving record from DPS. A $10 fee plus the $2 state electronic Internet portal fee may be imposed if the court chooses this option (Art (c-1), C.C.P.). Request may be oral or in writing. If mailed, request must be sent certified mail. (Art (b)(3), C.C.P.) When a defendant requests a course on or before the answer date on the citation, the defendant must present evidence of a valid Texas driver s license or permit, or show that he or she is on active military duty. On or before the 90 th day after the request the defendant must present: 1. Evidence of course completion; 2. A copy of his or her driving record as maintained by DPS, if any; 3. If the defendant is on active military duty and does not have a Texas driver s license, the affidavit must state that the defendant was not taking a DSC or MOC, as appropriate, in another state on the date of the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense. 4. An affidavit stating that he or she was not taking a course at the time of request for the current offense nor had he or she taken a course that was not yet on his or her driving record within the 12 months preceding the date of the current offense. 5. If the offense is charged under Section , T.C., (Child Passenger Safety Seat Systems), the defendant s driving record and affidavit are only required to show that they have not taken the specialized DSC in the last 12 months. The judge may also require an additional DSC for drivers under age 25 per Sec , Education Code. Judge shall remove the judgment and dismiss the case; the dismissal must be noted in the docket. Court reports the completion date of the course after the court dismisses the case. If defendant fails to furnish the evidence of course completion, a copy of his or her driving record as maintained by DPS that shows that he or she had not taken DSC or MOC within the 12 months preceding the date of offense, and the affidavit, the court shall set a show cause hearing and notify the person by mail. At the hearing the judge may, on a showing of good cause, allow the defendant time to present the uniform certificate of course completion. If the court does not grant more time, the court shall enter a final judgment ordering the defendant to pay the fine. If a defendant fails to appear at the show cause hearing, the court may, after signing a final judgment, issue a capias pro fine. Suspension of Sentence and Deferral of Final Disposition Article , C.C.P. Court is not required to order the defendant to obtain a driving record (it may, however, be mandated as a reasonable condition). There is no authorization for the court to collect a fee for obtaining the defendant s driving record. Requirements: Judge may require the defendant to do the following: 1. Post bond in the amount of the fine assessed to secure payment of the fine; 2. Pay restitution to the victim of the offense in an amount not to exceed the fine assessed; 3. Submit to professional counseling; 4. Submit to diagnostic testing for alcohol or controlled substance or drug; 5. Submit to psychosocial assessment; 6. Participate in an alcohol or drug abuse treatment or education program; 7. Pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; 8. Complete DSC or other course as directed by the judge; 9. Present to the court satisfactory evidence of compliance with the terms imposed by the judge; and 10. Comply with any other reasonable condition If defendant under age 25 is charged with a moving traffic offense, Subsection (b)(8) does not apply. The judge shall require DSC. The judge may also require an additional DSC for drivers under age 25 per Sec , Education Code. If the defendant holds a provisional license, the judge shall require the defendant to be examined by DPS under Sec (b)(2), T.C., and pay DPS a $10 fee. For Alcoholic Beverage Code Offenses and the offense of Public Intoxication (Sec (e), P.C., defendant under the age of 21), court must require an alcohol awareness course. Sec (a), A.B.C. For Alcoholic Beverage Code offenses, except DUI, and the offense of Public Intoxication (Sec (e), P.C., defendant under the age of 21), court must require community service. Sec (d), A.B.C. 1st offense: eight to 12 hours. 2nd offense: 20 to 40 hours. Judge shall dismiss and note in docket that complaint is dismissed. (Only report to DPS the order of deferred for Alcoholic Beverage Code offenses.) If defendant fails to comply with terms of the deferral, the court shall set a show cause hearing and notify the person by mail at the address on file. At the hearing the judge may, on a showing of good cause, allow an additional period during which the defendant may present evidence of compliance with requirements. If at the show cause hearing or by the conclusion of the additional period the defendant does not present satisfactory evidence of compliance, the judge may enter judgment and impose the fine. The judge may reduce fine previously assessed if the defendant is at least 25 years of age or older and not charged with a traffic offense. If the offense is a traffic offense, the court must report the traffic conviction to DPS. If a defendant fails to appear at the show cause hearing, the court may, after signing a final judgment, issue a capias pro fine. Appeal The entering of the final judgment triggers the requirements for making a timely appeal (Arts , C.C.P.). The entering of the final judgment triggers the requirements for making a timely appeal (Arts , C.C.P.). Page 2 of 2 Funded by a grant from the Texas Court of Criminal Appeals Rev. 08/1 Effective 09/01/11
12 Texas Administrative Code TITLE 37 PART 1 CHAPTER 15 SUBCHAPTER D RULE PUBLIC SAFETY AND CORRECTIONS TEXAS DEPARTMENT OF PUBLIC SAFETY DRIVER LICENSE RULES DRIVER IMPROVEMENT Moving Violations (a) Moving violations are defined as an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance. (b) A list of traffic offenses that constitute a moving violation is available in Table 1. Attached Graphic (c) Table 1 also indicates the moving violations that will be assessed points under the Driver Responsibility Program, Texas Transportation Code (TRC), Chapter 708, Subchapter B. (1) t all moving violations are assessed points under the Driver Responsibility Program, however, they may be considered for Habitual Violator action under TRC, (a)(3). (2) Moving violation convictions that are assessed specific surcharges pursuant to Texas Transportation Code, (intoxicated driver offenses), (driving while license invalid or without financial responsibility), and (driving without valid license including no commercial driver license, driving without the proper commercial license endorsement and driving without the proper motorcycle endorsement), will not be assessed points under the Driver Responsibility Program. Source te: The provisions of this adopted to be effective June 22, 2004, 29 TexReg 5945; amended to be effective vember 28, 2005, 30 TexReg 7889; amended to be effective June 8, 2006, 31 TexReg 4659; amended to be effective July 11, 2010, 35 TexReg 5899 Figure: 37 TAC 15.89(b) Arrest Title Aggravated assault with motor vehicle Allow passenger to stand/sit improperly on a school bus Bus driver failed to activate warning signal/equipment Driver Responsibility Points
13 Bus failed to stop at RR crossing Bus shifting gears while crossing RR tracks Carry motorcycle passenger under 5; except in side car Changed lane when unsafe Child passenger safety seat offense Coasting Coasting (truck, truck tractor or bus, specify) with clutch disengaged Consume alcohol while driving Criminal negligent homicide with motor vehicle--1st or 2nd degree Crossed RR with heavy equipment without notice Crossed RR with heavy equipment without stop (or safety) Crossing fire hose without permission Crossing physical barrier Cut across driveway to make turn Cut corner left turn Cut in after passing Did not use designated lane or direction Disregard solid green turn signal arrow Disregard warning signs or barricades Disregarded flashing red signal (at stop sign, etc.) Disregarded flashing yellow signal Disregarded lane control signal Disregarded no lane change sign Disregarded no passing zone Disregarded police officer Disregarded RR crossing gate or flagman Disregarded signal at RR crossing Disregarded traffic control device Disregarded turn marks at intersection Disregarded warning sign at construction Drive into block where fire engine stopped Driving around barricades Driving under influence Driving under influence (DUI)--minor Driving under influence of drugs Driving while impaired Driving while intoxicated > 0.16 Driving while intoxicated with child younger than 15 yoa
14 Driving while intoxicated--felony Driving while intoxicated--juvenile Driving while intoxicated--misdemeanor Driving while intoxicated--on beach Driving while intoxicated--probated Driving while intoxicated--under 21 Driving while license disqualified--cmv Driving while license suspended under provisions of DL laws Driving while license suspended--sr Drove center lane (not passing, not turning left) Drove on (or across) streetcar tracks where prohibited Drove on sidewalk Drove on wrong side--rr crossing Drove on wrong side of approaching bridge Drove on wrong side of divided highway Drove on wrong side of road Drove on wrong side road approaching intersection Drove on wrong side road approaching RR grade crossing Drove on wrong side road awaiting access to ferry Drove onto (or from) controlled access highway where prohibited Drove through safety zone Drove to left of rotary traffic island Drove without lights--when required Drove wrong way in designated lane Drove wrong way on one-way roadway Endorsement violation CDL Fail stop proper place-flash red signal Fail to control speed Fail to dim headlights--following Fail to dim headlights--meeting Fail to drive in single lane Fail to give hand signals when required Fail to give info/render aid Fail to give one-half of roadway Fail to keep to right on mountain road Fail to pass left safely Fail to pass met vehicle to right Fail to pass to right safely
15 Fail to signal for stop Fail to signal required distance before turning Fail to signal turn Fail to signal with turn indicator Fail to sound horn--mountain road Fail to stop--designated point--at stop sign Fail to stop--designated point--at yield sign Fail to stop and render aid--felony Fail to stop and render aid--misdemeanor Fail to stop at marked RR crossing Fail to stop at proper place (at traffic light) Fail to stop at proper place (flashing red signal) Fail to stop at proper place (not at intersection) Fail to stop for approaching train Fail to stop for school bus (or remain stopped, specify) Fail to stop for streetcar--or stop at wrong location Fail to stop--emerging from alley, driveway or bldg. Fail to use due care for pedestrian Fail to use proper headlight beam Fail to yield at stop intersection Fail to yield at yield intersection Fail to yield for blind or incapacitated person Fail to yield right of way Fail to yield right of way from private road Fail to yield row at open intersection (specify type) Fail to yield row leaving (private drive, alley, building) Fail to yield row on green arrow signal Fail to yield row on green signal Fail to yield row on left at obstruction Fail to yield row to emergency vehicle Fail to yield row to pedestrian at signal intersection Fail to yield row to pedestrian in crosswalk Fail to yield row to pedestrian in crosswalk--no signal Fail to yield row to pedestrian on sidewalk Fail to yield row to pedestrian turning right or left at intersection Fail to yield row--changing lanes Fail to yield row--turning left (at intersection, alley, private road or driveway) Fail to yield row--turning right on red signal
16 Fail to yield to vehicle in intersection Fail to yield to vehicle leaving highway Failed to give way when overtaken Failed to signal lane change Fleeing from police officer Following ambulance Following fire apparatus Following too closely Following too closely--caravan Following too closely--truck Head lamps glaring not adjusted Heavy equipment disregarded signal of train Illegal backing Illegal pass on right Illegally passed streetcar Impeding traffic Improper passing Improper turn Improper turn or stop hand signal Improper use of auxiliary driving lamps Improper use of auxiliary passing lamps Improper use of lighting--hwy. equip. Improper use of spot lamps Improper use of turn indicator Increased speed while being overtaken Interfere with streetcar Intoxication assault Intoxication assault motor vehicle Intoxication manslaughter Intoxication manslaughter motor vehicle Involuntary manslaughter with motor vehicle Lack of caution on green arrow signal Leaving scene of accident Made U-turn on curve or hill Negligent collision commercial driver license (CDL) double trailer endorsement (CDL) driver license
17 hazmat endorsement (CDL) motorcycle endorsement passenger vehicle endorsement (CDL) tank vehicle endorsement (CDL) school bus endorsement (CDL) Obstructed view through windshield Obstructing traffic Open Container DRIVER Operate school bus over passenger design capacity Operate school bus with door open Operate vehicle more than one passenger-minor Operate vehicle where prohibited Operate vehicle with child in open bed Passed streetcar on left without reducing speed or without caution Passed vehicle stopped for pedestrian Passed--insufficient clearance Passengers/load obstruct driver's view or control Passing authorized emergency vehicle Permitted/operated unsafe vehicle Person(s) riding in trailer or semi-trailer Prohibited motor vehicle on controlled-access highway Racing--drag racing--acceleration contest, etc. Ran red light Ran stop sign Reckless driving Restriction violation--cdl Slower vehicle failed to keep to right Speed under minimum Speeding Speeding > 10% above posted speed limit Speeding--15 miles or over (CDL) Speeding--school zone Too many riders on motorcycle Turned across dividing section Turned left from wrong lane Turned right from wrong lane Turned right too wide Turned so as to impede or interfere with streetcar
18 Turned when unsafe Unauthorized use of siren, bell or whistle Unsafe speed (too fast for conditions) Unsafe start Unsafe start from parked, stopped or standing position Use of school bus signal for wrong purpose Use wireless device while driving bus Use wireless device while driving--minor Use wireless device in school zone Veh. hauling explosives (or flammable materials) failed to stop at RR crossing Veh. hauling explosives failed to reduce speed at RR crossing Vehicle without required equipment or in unsafe condition Violate DL restriction Violate DL restriction on occupational license Violate operating hours-minor Violated out of service order Violated out-of-service order hazmat and/or passenger Wrong side road--not passing Wrong side, 4 or more lane, two-way roadway
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
More informationDissecting DSC. April Christiansen, CMCC // Court Administrator Luevada Posey, CMCC // Court Operations Supervisor City of Cedar Park
Dissecting DSC April Christiansen, CMCC // Court Administrator Luevada Posey, CMCC // Court Operations Supervisor City of Cedar Park Eligible Offenses CCP 45.0511(a) DSC/MOC Offense must involve the operation
More informationMunicipal Court Jurisdiction 4/25/2017. Why does fine only matter? What is covered in Muni Court?
4/25/ Municipal Court Jurisdiction Why does fine only matter? Municipal courts and justice courts have jurisdiction over fine only criminal matters What is covered in Muni Court? Any state law violation
More informationDSC and Deferred Disposition
DSC and Deferred Disposition Audience: Judges and Clerks Instructor: Mark Goodner, Deputy Counsel and Director and Judicial Education, TMCEC Mark Goodner serves as the Presiding Judge for the City of Woodcreek
More informationDeferred Disposition. Article Code of Criminal Procedure. Judge Stewart Milner City of Arlington Municipal Court
Judge Stewart Milner City of Arlington Municipal Court Deferred Disposition Article 45.051 Code of Criminal Procedure Deferred Disposition Always discretionary with the Court After plea of Guilty or Nolo
More informationIt s an Order: Writs, Warrants and Judgments OBJECTIVES. What is a Writ?
It s an Order: Writs, Warrants and Judgments Lynda Kilgore, Court Administrator, La Porte Landra Hudson, Court Administrator, Seguin OBJECTIVES OBJECTIVE 1: Define writs, warrants and judgments and be
More informationTMCEC Bench Book. a. Determine if the court should dismiss the case on its own motion. Go to Checklist 4-2.
CHAPTER 5 PLEAS AND DRIVING SAFETY COURSE (DSC) Most of the requirements relating to acceptance of a plea of guilty or nolo contendere are contained in Article 26.13, C.C.P. The Court of Criminal Appeals
More informationMandatory DSC Subsection (b) vs. Discretionary DSC Subsection (d) Article Code of Criminal Procedure
Stewart Milner, Chief Judge, City of Arlington Article 45.0511 Code of Criminal Procedure Mandatory DSC Subsection (b) vs. Discretionary DSC Subsection (d) The Judge shall grant DSC if: Charged with Eligible
More informationAre You Smarter Than Your Court Software?
Court Costs Workshop Are You Smarter Than Your Court Software? Susan McGilberry 1 Objectives Define conviction for purposes of court costs. Identify the court costs that municipal courts collect. Explain
More informationDriving Safety. Courses (DSC) (DSC)
Driving Safety Courses (DSC) (DSC) CHAPTER 5 DRIVING SAFETY COURSES (DSC) Checklist 5-1 of that test are: Script/Notes The defendant must plead guilty or nolo contendere before the court under See Step
More informationDEFERRED PROCEEDINGS
DEFERRED PROCEEDINGS DEFERRED PROCEEDINGS Deferred Disposition Table of Contents Deferred Disposition Order... 90 Deferred Disposition Order: Defendant Under Age 25 - Moving Violation... 92 Deferred Disposition:
More informationDissecting Deferred. Objectives. Hypothetical
Dissecting Deferred Landra Solansky, CMCC, Court Administrator, Seguin Objectives Objective 1: Identify when a Defendant may be granted deferred. Objective 2: Explain possible Conditions of Deferred. Objective
More informationLEGISLATURE 2013 BILL. (7), (3) and (12) of the statutes; relating to: traffic violations
0 0 LEGISLATURE 0 AN ACT to amend.0 (),. () (a),. () (c),. () (f),. () (intro.),. (),. () (intro.),.0 (),. (),. () (a), (b), (d) and (e),. (),. (m),. (p),. (r),. () and () and.0 () (a); and to create.0
More informationPRAIRIE ISLAND INDIAN COMMUNITY TRAFFIC ORDINANCE POLICY; ENFORCEMENT AND GENERAL PROVISIONS
PRAIRIE ISLAND INDIAN COMMUNITY TRAFFIC ORDINANCE CHAPTER I POLICY; ENFORCEMENT AND GENERAL PROVISIONS Section 1.1. Purpose; Policy. It is the policy of the Prairie Island Indian Community Tribal Council
More informationRobert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION
Robert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION IT IS ORDERED that the Clerk may process requests for Deferred Disposition
More informationPART THREE: PARENT CONTRIBUTING TO NONATTENDANCE
PART THREE: PARENT CONTRIBUTING TO NONATTENDANCE 1. Warning Notices. Warning notices to parents or persons standing in parental relation to a student are required at the beginning of the school year, and
More informationMunicipal court 402 E. LAUREL ST. ROCKPORT, TEXAS INSTRUCTIONS TO REQUEST DEFERRED DISPOSITION
Municipal court FAX (361) 729-9645 402 E. LAUREL ST. ROCKPORT, TEXAS 78382 court@cityofrockport.com (361) 729-2213 ext. 237 INSTRUCTIONS TO REQUEST DEFERRED DISPOSITION The Judge may defer disposition
More informationCourt Costs, Fees and Fines
Court Costs, Fees and Fines November 2007 Susan Combs Texas Comptroller of Public Accounts Justice, County and District Courts IN THIS ISSUE Court Costs, Fees and Fines with an Imposition Date of September
More informationDRIVER LICENSE AGREEMENT
DRIVER LICENSE AGREEMENT General Purpose... 2 Article I Definitions... 3 Article II Driver Control... 5 Article III Identification Cards... 8 Article IV Document Security and Integrity... 9 Article V Membership
More informationFlorida House of Representatives CS/HB
By the Committee on Transportation and Representatives Russell, Bense, Prieguez, Andrews, Byrd, Kelly, Goodlette, C. Green, Cantens and Greenstein 1 A bill to be entitled 2 An act relating to traffic infractions;
More informationREPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS 2017 Edition
TEXAS JUSTICE COURT TRAINING CENTER REPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS 2017 Edition Funded by a grant from the Texas Department of Transportation Texas Justice Court Training Center in conjunction
More information11/3/2011. Presented by Stewart Milner, Chief Judge Arlington. Hit or Miss
Presented by Stewart Milner, Chief Judge Arlington Hit or Miss 1 Repeals Section 545.412 TC Effective September 28, 2011 Amends Sec. 441.026 GC Effective May 30, 2011 2 HB 984 Amends Sec. 29.003 GC and
More informationg. If the above requirements are met, accept the See TMCEC Forms Book: Plea
CHAPTER 4 APPEARANCE AND DISMISSALS 1. Pleas Made by Mail Judges should instruct clerks to prepare judgments on all the pleas, waivers of jury trial, and payments offered to the courts. An offer to pay
More information09 LC EC/AP. By: Representatives Cole of the 125, Neal of the 1, Pruett of the 144, Hanner of the 148, A BILL TO BE ENTITLED AN ACT
House Bill 160 (AS PASSED HOUSE AND SENATE) th st th th By: Representatives Cole of the 125, Neal of the 1, Pruett of the 144, Hanner of the 148, th and Talton of the 145 A BILL TO BE ENTITLED AN ACT 1
More informationCriminal, Civil / Administrative & Juvenile / Minor. TYPES Criminal, Civil / Administrative & Juvenile / Minor
Keep It Super Simple (K.I.S.S.) Leah M. Huff Former Court Administrator, Law Office Administrator & Paralegal TYPES Criminal, Civil / Administrative & Juvenile / Minor CODES Description, Fine Type, Statute
More informationoffers the following substitute to HB 673: A BILL TO BE ENTITLED AN ACT
offers the following substitute to HB 673: A BILL TO BE ENTITLED AN ACT 1 To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and 2 traffic, so as to provide for a short
More informationREPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS
2015 edition TJCTC In conjunction with the Texas Department Of Transportation Presents REPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS The Texas Justice Court Training Center is a division of Texas State
More informationFun With Fees 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Across 6 No fee authorized when dismissing this charge after verification of proof 8 Defendant must show proof for most
More informationMunicipal court 622 E, MARKET STREET ROCKPORT, TEXAS FAX (361) (361) ext. 237
Municipal court 622 E, MARKET STREET ROCKPORT, TEXAS 78382 FAX (361) 729-9645 court@cityofrockport.com (361) 729-2213 ext. 237 REQUEST DRIVING SAFETY COURSE REQUIREMENTS AND INSTRUCTIONS If charged with
More informationJUDGE KAREN REYNOLDS JUSTICE OF THE PEACE, PCT 2 MONTAGUE COUNTY COURTHOUSE P O BOX 65 MONTAGUE, TEXAS PH: (940) FAX: (940)
JUDGE KAREN REYNOLDS JUSTICE OF THE PEACE, PCT 2 MONTAGUE COUNTY COURTHOUSE P O BOX 65 MONTAGUE, TEXAS 76251 PH: (940) 894-2542 FAX: (940) 894-2545 The information contained in this packet is not offered
More informationCHECKLIST FOR PROCESSING JNA. Checklist #1. Citation or complaint filed with court. (Arts , , and , C.C.P.)
CHECKLIST FOR PROCESSING JNA Checklist #1 Citation or complaint filed with court. (Arts. 27.14, 45.018, and 45.019, C.C.P.) Clerk or judge accepts citation or complaint. Case filed. Citation should contain
More informationSUMMARY OF COURT COSTS
1 SUMMARY OF COURT COSTS Excerpts from the Level I Study Guide (State and City Reports) I. General Authority State statutes require courts to collect court costs and fees from defendants convicted of fine-only
More informationState and City Reports
7 State and City Reports Table of Contents INTRODUCTION... 4 PART 1 REPORTS TO THE DEPARTMENT OF PUBLIC SAFETY... 4 A. Transportation Code... 4 1. Reporting Driving Safety and Motorcycle Operator Course
More informationCopyright Crash Data Services, LLC All rights reserved.
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person
More informationTHE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL
HOUSE AMENDED PRIOR PRINTER'S NOS., 0,, 0 PRINTER'S NO. 0 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. Session of 0 INTRODUCED BY RAFFERTY, DINNIMAN, MARTIN, SABATINA, TARTAGLIONE, SCAVELLO, AUMENT
More informationHighway Traffic Act Code de la route
Highway Traffic Act Code de la route ONTARIO REGULATION 339/94 DEMERIT POINT SYSTEM Consolidation Period: From January 1, 2016 to the e-laws currency date. Last amendment: O. Reg. 403/15. This Regulation
More informationChapter 813 Driving Under the Influence of Intoxicants 2003 EDITION Driving under the influence of intoxicants; penalty
Chapter 813 Driving Under the Influence of Intoxicants 2003 EDITION DRIVING UNDER THE INFLUENCE OF INTOXICANTS OREGON VEHICLE CODE GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants;
More informationTurn in to the camo box at the registration desk when complete!
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
More informationPART A. Instituting Proceedings
PROCEDURES IN SUMMARY CASES 234 CHAPTER 4. PROCEDURES IN SUMMARY CASES Committee Introduction to Chapter 4. PART A. Instituting Proceedings 400. Means of Instituting Proceedings in Summary Cases. 401.
More informationSecond Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP
Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Waller and Saine, (None), SENATE SPONSORSHIP House Committees
More informationTitle 5 Traffic Code Chapter 2 Criminal Traffic Code
Title 5 Traffic Code Chapter 2 Criminal Traffic Code Sec. 5-01.010 Title 5-02.020 Authority 5-02.030 Definitions 5-02.040 Applicability of Criminal Procedures Subchapter I - Traffic Offenses 5-02.050 Failure
More informationJUSTICE OF THE PEACE SMITH COUNTY, TEXAS
JUSTICE OF THE PEACE SMITH COUNTY, TEXAS TO QUALIFY FOR A DEFENSIVE DRIVING COURSE YOU MUST: 1. HOLD A VALID TEXAS DRIVER S LICENSE (CANNOT BE A CDL LICENSE) 2. IF YOU ARE AN ACTIVE MEMBER OF THE MILITARY
More informationCLASS STATE (LAST) ZIP CODE SAMPLE P.I. P.D. CONTRIBUTED TO ACCIDENT SAFETY BELTS DOT NUMBER. 24) (c) Driving off Road While Passing Vehicle
MARYLAND UNIFORM COMPLAINT AND CITATION WITNESS RELATED CITATION DRIVER'S LICENSE / SOUNDEX NUMBER CLASS STATE DEFENDANT'S (FIRST) (MIDDLE) (LAST) (SUFFIX) CURRENT IN FULL CITY COUNTY STATE ZIP CODE HEIGHT
More informationv Defendant Defendant Defendant Overview of Processing Cases + pleads guilty or Citation Issued Citation filed Go to Case Disposition Enter on docket
P Citation ssued Overview of Processing Cases Citation filed YES Go to Case Disposition Enter on docket Options mails fine and Appeals NO Go to DSC pages 5&6 Defendant FTA Deferred Disposition Go to Warrants
More informationAs Passed by the Senate. 130th General Assembly Regular Session Sub. S. B. No A B I L L
130th General Assembly Regular Session Sub. S. B. No. 342 2013-2014 Senator Seitz Cosponsors: Senators Eklund, Faber, Jones, Jordan, Kearney, Patton, Schaffer, Tavares, Uecker A B I L L To amend sections
More informationOFFICE OF COURT ADMINISTRATION TEXAS JUDICIAL COUNCIL
OFFICE OF COURT ADMINISTRATION TEXAS JUDICIAL COUNCIL OFFICIAL MUNICIPAL COURT MONTHLY REPORT INSTRUCTIONS INDEX TO INSTRUCTIONS LEGAL REQUIREMENTS & GENERAL INSTRUCTIONS... 1 CRIMINAL SECTION... 2 Definition
More informationTHE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL
PRIOR PRINTER'S NOS., 0 PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 1 Session of 1 INTRODUCED BY RAFFERTY, DINNIMAN, MARTIN, SABATINA, TARTAGLIONE, SCAVELLO, AUMENT AND WARD, NOVEMBER,
More informationPART 6 COURT CHAPTER 1 MUNICIPAL COURT
PART 6 COURT CHAPTER 1 MUNICIPAL COURT 6-101 Organization of municipal court. 6-102 Definitions. 6-103 Jurisdiction of court. 6-104 Judge; qualifications. 6-105 Appointment of judge. 6-106 Term of judge.
More informationTraffic Diversion Application. Last Name First Name Middle Initial Address City State Zip. Contact me by: Mail or
Office of the WYANDOTTE COUNTY DISTRICT ATTORNEY DISTRICT ATTORNEY Mark A. Dupree, Sr. 29 TH JUDICIAL DISTRICT OF KANSAS Traffic Diversion Application Last Name First Name Middle Initial Address City State
More informationCHAPTER Committee Substitute for Committee Substitute for House Bill No. 3265
CHAPTER 98-308 Committee Substitute for Committee Substitute for House Bill No. 3265 An act relating to boating safety and emergency responses; creating the Kelly Johnson Act ; amending s. 316.003, F.S.;
More informationChanges to the Laws Regarding Intoxication Offenses
Changes to the Laws Regarding Intoxication Offenses For well over two decades, there have been a number of substantial changes to the laws regarding intoxication-related offenses. Many of these changes
More informationIC Version a Chapter 15. Issuance of Restricted Driver's License Because of Hardship
IC 9-24-15 Version a Chapter 15. Issuance of Restricted Driver's License Because of Hardship Note: This version of chapter effective until 1-1-2015. See also IC 9-24-15-1 Version a Application of chapter;
More informationFines & Fees Ad Hoc Judicial Nominating Committee Dec. 13, 2016 Briefing Purpose Understand the structure of Municipal Court s Fines & Fees, and how Dallas may improve in the consistency of how they are
More informationPetition for Occupational Driver s License
Ex Parte Cause No: The clerk fills out below Print your name First Middle Last District County Justice Court of: County, Texas Petition for Occupational Driver s License Print your answers: My name is:.
More informationTITLE 6A LUMMI NATION CODE OF LAWS CRIMINAL TRAFFIC CODE
TITLE 6A LUMMI NATION CODE OF LAWS CRIMINAL TRAFFIC CODE Enacted: Resolution S-13 (10/7/74) Resolution 88-66 (8/9/88) (Title 6A) Amended: Resolution U-75 (12/6/76) Resolution 77-25 (3/8/77) Resolution
More informationSubstitute for HOUSE BILL No. 2159
Substitute for HOUSE BILL No. 2159 AN ACT concerning driving; relating to driving under the influence and other driving offenses; DUI-IID designation; DUI-IID designation fund; authorized restrictions
More informationFees & Fines. Ad Hoc Judicial Nominating Committee Oct. 18, 2016
Fees & Fines Ad Hoc Judicial Nominating Committee Oct. 18, 2016 Briefing Purpose Understand the structure of Municipal Court s Fees & Fines, and how Dallas may improve in the consistency of how they are
More informationALCOHOLIC BEVERAGE CODE TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 106. PROVISIONS RELATING TO AGE
1 of 15 7/20/2009 1:08 PM ALCOHOLIC BEVERAGE CODE TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 106. PROVISIONS RELATING TO AGE Sec. 106.01. DEFINITION. In this code, "minor" means a person under 21
More informationSENATE AMENDMENTS TO SENATE BILL 693
th OREGON LEGISLATIVE ASSEMBLY-- Regular Session SENATE AMENDMENTS TO SENATE BILL By COMMITTEE ON JUDICIARY April 1 0 1 On page 1 of the printed bill, line, after provisions; insert and and after ORS delete
More information2007 SESSION (74th) A SB Senate Amendment to Senate Bill No. 45 (BDR )
00 SESSION (th) A SB Amendment No. Senate Amendment to Senate Bill No. (BDR -) Proposed by: Senate Committee on Judiciary Amends: Summary: Yes Title: Yes Preamble: No Joint Sponsorship: No Digest: Yes
More information80th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2614
0th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session House Bill Sponsored by Representatives WILLIAMSON, BARKER; Representative POWER, Senators DEMBROW, FREDERICK, MANNING JR, MONNES ANDERSON (Presession
More informationSubstantive/Procedural Law Changes from the 80 th Regular Legislature
Substantive/Procedural Law Changes from the 80 th Regular Legislature Meichihko Proctor Program Attorney & Deputy Counsel Texas Municipal Courts Education Center Procedural Law Changes HB 485 - Restitution
More informationHIGHWAY TRAFFIC BILL. No. 78 of An Act to amend The Highway Traffic Act (No. 2)
1 BILL No. 78 of An Act to amend The Highway Traffic Act (No. 2) (Assented to, 2000) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short
More informationSecond Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP
Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Richard Sweetman x SENATE BILL 1- SENATE SPONSORSHIP King S., (None), HOUSE SPONSORSHIP Senate Committees
More informationCHAPTER Council Substitute for Committee Substitute for House Bill No. 325
CHAPTER 2010-80 Council Substitute for Committee Substitute for House Bill No. 325 An act relating to uniform traffic control; providing a short title; amending s. 316.003, F.S.; defining the term traffic
More information6-1 CHAPTER 6 MAGISTRATE (F) MAGISTRATE COURT ESTABLISHED: JURISDICTION
6-1 CHAPTER 6 MAGISTRATE 6-2-2 (F) Article 6-1 MAGISTRATE COURT ESTABLISHED: JURISDICTION There is hereby established in the city a magistrate's court which shall have jurisdiction of all violations of
More informationPetition for Occupational Driver s License
Ex Parte Cause No: The clerk fills out below Print your name First Middle Last District County Justice Court of: County, Texas Petition for Occupational Driver s License Print your answers: My name is:.
More informationF L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A bill to be entitled An act relating to uniform traffic control; providing a short title; amending s. 316.003, F.S.; defining
More informationAN ACT. Be it enacted by the General Assembly of the State of Ohio:
(131st General Assembly) (Substitute House Bill Number 388) AN ACT To amend sections 1547.99, 1905.01, 2903.06, 2903.08, 2929.142, 2951.01, 2951.02, 3327.10, 4505.11, 4510.13, 4510.17, 4510.43, 4510.44,
More informationEmployment Application
Employment Application We appreciate the opportunity to review your qualifications for employment with the company. So that we can thoroughly consider your special skills and abilities, we would appreciate
More informationCHAPTER 3: ENFORCEMENT
CHAPTER 3: ENFORCEMENT Article 1. INVESTIGATIONS Section 3101. Requests for Investigation. A request for investigation of an alleged violation of this Code shall be made to the appropriate investigating
More information2. After appeal and upon remand whether appeal was F.C (a) under Ch. 56 or under Article 44.47, CCP.
AGE LIMITS IN THE JUVENILE JUSTICE SYSTEM I. IN THE JUVENILE SYSTEM AGE IS JURISDICTIONAL A. Age at time of offense; child ; F.C. 51.02 (2)(A) preliminary investigation upon referral F.C. 53.01 (a)(1)
More informationCHAPTER 500. (Senate Bill 277) Vehicle Laws Speed Monitoring Systems Statewide Authorization and Use in Highway Work Zones
CHAPTER 500 (Senate Bill 277) AN ACT concerning Vehicle Laws Speed Monitoring Systems Statewide Authorization and Use in Highway Work Zones FOR the purpose of expanding to all counties and municipalities
More informationEhrenclou & Grover. attorneys at law
Ehrenclou & Grover attorneys at law DUI LAW There are many relevant statutes with respect to driving under the influence of alcohol or drugs charges. O.C.G.A. 40-6-391 Drivers with ability impaired by
More informationACTIVITY: Issue Spotting. What log jams have you encountered that have hindered effective court administration?
ACTIVITY: Issue Spotting What log jams have you encountered that have hindered effective court administration? Whose Job Is It? More importantly, who can legitimately do it? Prosecutorial Types of Duties
More informationMANUAL - CHAPTER 15 SENTENCING. Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08
MANUAL - CHAPTER 15 SENTENCING GENERALLY Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08 URJPC RULE 3.08 PLEAS A defendant may plead not guilty, or guilty,
More informationBY-LAW NO This By-law may be cited as Camrose County Road Use By-law
BY-LAW NO.1141 BY-LAW NO.1141 A By-law of Camrose County in the Province of Alberta introduced for the controlling and regulating the use of highways within Camrose County. WHEREAS by virtue of the authority
More informationHomicide. Motor Vehicle Offenses Resulting in Death. First Degree Murder. Second Degree Murder. For example. Involuntary Manslaughter
Homicide Motor Vehicle Offenses Resulting in Death Shea Denning School of Government September 28, 2015 First degree murder Second degree murder Involuntary manslaughter Felony death by vehicle Aggravated
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is
For Court Use Only 1. My true full name is 2. I understand that I am pleading GUILTY / NOLO CONTENDERE and admitting the following offenses, prior convictions and special punishment allegations, with the
More informationUNOFFICIAL COPY OF HOUSE BILL 443 A BILL ENTITLED
UNOFFICIAL COPY OF HOUSE BILL 443 R5 5lr0523 By: Montgomery County Delegation Introduced and read first time: February 1, 2005 Assigned to: Environmental Matters 1 AN ACT concerning A BILL ENTITLED 2 Montgomery
More informationPage 1 of 10 N.C.P.I. MOTOR VEHICLE TABLE OF CONTENTS MOTOR VEHICLE VOLUME REPLACEMENT JUNE 2017 TABLE OF CONTENTS PREFACE INTRODUCTION
Page 1 of 10 TABLE OF CONTENTS PREFACE INTRODUCTION GUIDE TO THE USE OF THIS BOOK SIGNIFICANT NEW DEVELOPMENTS NORTH CAROLINA PATTERN JURY INSTRUCTIONS FOR MOTOR VEHICLE NEGLIGENCE CASES: *Dates the instructions
More informationRULES AND REGULATIONS REGARDING ELIGIBILITY FOR PUPIL TRANSPORTATION CERTIFICATE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
RULES AND REGULATIONS REGARDING ELIGIBILITY FOR PUPIL TRANSPORTATION CERTIFICATE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF REVENUE DIVISION OF MOTOR VEHICLES Adopted 2007 Rule 1. Purpose,
More informationScenarios: Implementing SB 1913/HB
Scenarios: Implementing SB 1913/HB 351 2017 1. Citations, Citations, Citations In March of 2017, your court purchased 5,000 paper citations. Your police department issues roughly 200 citations per month.
More informationTITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS.
3-1 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. 3-101. City judge. CHAPTER 1 CITY JUDGE 2 3-101. City judge. The
More informationPART 6 COURT CHAPTER 1 MUNICIPAL COURT
PART 6 COURT CHAPTER 1 MUNICIPAL COURT Section 6-101 Section 6-102 Section 6-103 Section 6-104 Section 6-105 Section 6-106 Section 6-107 Section 6-108 Section 6-109 Section 6-110 Section 6-111 Section
More informationLOWER MERION TOWNSHIP POLICE DEPARTMENT Ardmore, Pennsylvania. Policy General Order: Directive: 11-41, References:
LOWER MERION TOWNSHIP POLICE DEPARTMENT Ardmore, Pennsylvania Subject: Traffic Enforcement Distribution: All Personnel Date of Issue: Expiration Date: Rescinds: 06-01-2014 Until Amended or Rescinded General
More informationTRUANCY REFORM & SCHOOL ATTENDANCE HB 2398
TRUANCY REFORM & SCHOOL ATTENDANCE HB 2398 Code of Criminal Procedure Art. 4.14. JURISDICTION OF MUNICIPAL COURT. (g) A municipality may enter into an agreement with a contiguous municipality or a municipality
More informationSECOND REGULAR SESSION [P E R F E C T E D] SENATE BILL NO TH GENERAL ASSEMBLY INTRODUCED BY SENATOR MUNZLINGER.
SECOND REGULAR SESSION [P E R F E C T E D] SENATE BILL NO. 656 98TH GENERAL ASSEMBLY INTRODUCED BY SENATOR MUNZLINGER. Pre-filed December 1, 2015, and ordered printed. Read 2nd time January 7, 2016, and
More informationORDINANCE WHEREAS, the City of Winter Garden desires to increase parking fees; and
ORDINANCE 10-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AMENDING SECTION 74-43(d) AMENDING THE FINE FOR PARKING IN A DESIGNATED FIRE LANE; AMENDING SECTION 74-71 REPLACING
More informationJUVENILES NOW ADULTS: YES, THEY STILL NEED OUR ATTENTION
JUVENILES NOW ADULTS: YES, THEY STILL NEED OUR ATTENTION Mark Goodner Program Attorney & Deputy Counsel TMCEC Overview How do our courts now handle young offenders who enter adulthood with either outstanding
More informationSession of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18
Session of 0 HOUSE BILL No. 00 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; possession of a controlled substance;
More informationNC General Statutes - Chapter 113 Article 22B 1
Article 22B. Interstate Wildlife Violator Compact. 113-300.5. Short title. This Article may be cited as the "Interstate Wildlife Violator Compact." (2008-120, s. 1.) 113-300.6. Governor to execute compact;
More informationSpecialty Courts. Specialty Courts: Objectives. Specialty Courts: Jurisdiction. John Bull Presiding Judge San Antonio Municipal Court
Specialty s John Bull Presiding Judge San Antonio Municipal April 4, 2014 Specialty s: Objectives By the end of the session, participants will be able to: 1. Describe original and concurrent jurisdiction
More informationChapter 42 ADMINISTRATIVE ADJUDICATION
Chapter 42 ADMINISTRATIVE ADJUDICATION 42.01 Adoption of State Statutes 42.02 Code Hearing Unit 42.03 Director 42.04 Compliance Administrators 42.05 Administrative Law Judge 42.06 Notice of Violation (Non-Vehicular)
More informationEffect of Nonpayment
Alabama Ala. Code 15-22-36.1 D may apply to the board of pardons and paroles for a Certificate of Eligibility to Register to Vote upon satisfaction of several requirements, including that D has paid victim
More informationCHAPTER Committee Substitute for Committee Substitute for House Bill No. 1223
CHAPTER 2012-181 Committee Substitute for Committee Substitute for House Bill No. 1223 An act relating to highway safety and motor vehicles; amending s. 20.24, F.S.; renaming the Office of Motor Carrier
More informationAge Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision
NUTS AND BOLTS OF JUVENILE LAW Sponsored by the Texas Juvenile Probation Commission and Juvenile Law Section of the State Bar of Texas August 22 23, 2005 Rennaisance Hotel, Austin, Texas Criminal Violations,
More informationChapter 41 TAXICABS AND LIVERY (12-64)
Chapter 41 TAXICABS AND LIVERY (12-64) Revised as of 08-06-12 Sections: 41.01 DEFINITIONS AND GENERAL PROVISIONS. 41.02 TAXICAB BUSINESS LICENSE REQUIRED. 41.03 QUALIFICATIONS FOR TAXICAB OR LIVERY BUSINESS
More information2018 UNIFORM BAIL AND PENALTY SCHEDULES (California Rules of Court, Rule 4.102)
JUDICIAL COUNCIL OF CALIFORNIA 455 Golden Gate Avenue San Francisco, California 94102-3688 2018 UNIFORM BAIL AND PENALTY SCHEDULES (California Rules of Court, Rule 4.102) TRAFFIC, BOATING, FORESTRY, FISH
More informationSUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPCR 1104 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional) SUPERIOR COURT OF
More information