How to Defend Yourself in Texas Traffic Court

If you prepare a sufficient body of evidence, defending yourself in Texas traffic court is not difficult.

If you have been charged with a traffic or moving violation in Texas, you will need to pay the fine as listed on the ticket or appear at your city's superior court for a hearing. In most minor violations, you will be able to defend yourself in front of the judge and all parties present. Defending yourself to the best of your abilities requires that you consult and thoroughly read the Texas traffic laws pertaining to your case, gather a body of evidence (including witnesses) in your favor and present your point of view in an effective and persuasive fashion.

Instructions

1. Read through the entirety of each Texas traffic law that is relevant to your case (see Resources for a collection of state laws and their respective violations punishable by arrest or citation, including drinking and driving, running a red light or stop sign, and leaving the scene of an accident).

2. Use the law in your defense. Print out copies of all literature in the Texas Transportation Code that will help you to argue your case. Highlight the most relevant passages of the code, and tailor your defense into an eloquent script that you can use for reference during the hearing. For example, if you were cited for crossing a double yellow line to pass a car in Dallas and there were no detectable signs indicating a no-passing zone, you could use Chapter 545, Section 055, of the Transportation Code to your defense. It states that the Texas Transportation Commission must "show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway."

3. Gather evidence and enlist witnesses. Physical evidence that will be beneficial to your defense includes photographs of the scene, diagrams or other visual depictions of the incident, and copies of the arresting or ticketing officer's notes. Witnesses can include passengers in your car at the time of the incident or passers-by who saw it unfold. Enlisting pedestrian witnesses helps your case immensely, as their testimony will be regarded as unprejudiced. Present your physical evidence and witnesses professionally during the hearing.

4. Question the arresting or ticketing officer if present. While defending yourself in a Texas traffic court, it is your right to cross-examine the prosecuting party -- in this case, this will likely be the officer who cited you. Craft your questions ahead of time to ensure that they are potent and effective. The better you can make yourself look during this step, the greater the chances are that your case will be dropped or your fines reduced.

5. Listen attentively and without visible emotion to the rest of the hearing's proceedings. Accept whatever verdict is issued without protest or complaint, as options for appeal may be offered to you at the conclusion of the hearing.

Tips & Warnings

• Consider your appearance before attending your hearing. Looking neat and tidy will positively affect how the parties present view you.

• If your case also involves felony or serious criminal charges, it is advisable that you hire an attorney. Minor traffic violations are relatively simple to protest on your own, but criminal charges are more complicated and usually require professional attention.

• Do not cry out or otherwise interrupt the judge, officer or anyone else who is speaking during the hearing. It is unprofessional and will reflect poorly on your case.

References

• Lawyers: Defending a Speeding Ticket

Resources

• Find Law: Texas Traffic Laws