How to Prepare a Motion for a New Trial in Traffic Court in Texas
The American judicial system is one of the most advanced court systems in the world, but it is not perfect. If you are convicted of a traffic violation in Texas due to unjust procedures, it is your right to request a new trial. This is accomplished by making a motion for a new trial. But you must follow the proper procedures in preparing and filing a motion for a new trial.
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Instructions
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Make an oral motion for a new trial with the judge immediately after conviction. Texas allows oral motions for a new trial for traffic offenses. This promotes efficiency in the court system as the judge can take the information immediately into consideration. Simply tell the judge you wish to make a motion for a new trial and state the reasons the verdict is unjust. The judge may make an oral decision from the bench or may take the arguments under advisement and issue a ruling later.
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Write a motion for a new trial. Include all necessary information in the written motion. This will include the jurisdiction or court the case was tried in; the case number; the parties, meaning yourself and the state of Texas or the city or county charging you; and the title of the motion. Here the title will be Motion for a New Trial.
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Tell the court what you are asking it to do in the motion. This means asking the court to set aside the guilty verdict and set a new trial.
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State the grounds for a new trial. This means convincing the judge that something was wrong with the original trial and justice requires a new trial. Texas Rule of Appellate Procedure 21.3 states the reasons for which a new trial may be granted. Reasons may include jury misconduct, evidence establishing the defendant's innocence was not allowed at trial, or the verdict is simply contrary to the law and the evidence. Use the facts of the case to establish that one or more of the reasons is applicable to your trial.
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File the motion. This means giving the motion to the court clerk. Be sure to get the motion time stamped in the clerk's office and save a copy for yourself. According to the county attorney's website for Smith County, Texas, a motion for a new trial of a traffic violation must be made within one day of the verdict.
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Wait for approval. For a traffic violation the judge must make a ruling within 10 days of the filing of the motion. If it not granted within 10 days, this means the motion is denied.
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Tips & Warnings
Always maintain a professional appearance and demeanor when in court.
The information provided should not be construed as legal advice. For specific questions relating to a case a licensed attorney should be consulted.
References
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