Legal Question in Traffic Law in Texas

JP court never received speeding citation as of appearance date

I was issued a speeding citation on 11/17/2005 and had to appear by 11/29/2005. As of close of business today (11/29/2005), the court has not recieved a copy of this citation and nothing is reflected on my driving record according to the Justice of the Peace whom I was to report to by the date on the citation. She made a brief comment that if it doesn't get in today there is nothing she can do. I am wondering if there's some law that the citation must also be turned in by that date. What is my legal liability for this offense in this situation? Will this charge be dropped or can they still be prosecuted in this situation?

Thanks,

Eric


Asked on 11/30/05, 12:33 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: JP court never received speeding citation as of appearance date

I have not researched your question, and do not know the answer, however, can give you anecdotal instances. Overwhelmingly, when this happens (not unusual), the defendant has no responsibility to search out the ticket. You should make sure that the court's jacket reflects that you appeared on the court date. Moreover, the ticket is misplaced, the officer misfiled it, the officer is no longer with the department or any myriad of reasons. Often, the defendant never hears of it again. If the citation is located, and is still within the court's term, then the defendant has to respond. If not within the court's term, then the defendant has a defense to prosecution. TCL

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Answered on 11/30/05, 10:31 am


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