Waco Texas Traffic Tickets/Citations
Please realize the information contained on this website should not be construed as legal advice, nor does it create an attorney-client relationship between us. It is simply here to help assist you in determining if you need to retain an attorney.
I have taken defensive driving in the last year, can I still get a deferral? Yes, even if the judge requires you to take defensive driving again.
I have a commercial drivers license but received a ticket while driving my personal vehicle, can I get a deferral? Most likely no, unless you appeal to county court and get the "right" prosecutor on your case.
What is a deferral (also known as deferred disposition or deferred adjudication)? Deferral is like a "time out." The judge finds there is enough evidence to convict you, but instead puts you on informal probation for a certain time (usually around 90 days) during which time you must not violate the law and you may have to comply with other terms (typically pay a fine and sign an affidavit, but can also include defensive driving or other sanctions). After you successfully complete the deferral period, the ticket is dismissed and does not appear on your driving record.
Why hire you if I can just take defensive driving to dismiss my ticket or get my own deferral? Most people who hire us do so because they do not want to waste the time taking a defensive driving class which tells them to not drink and drive and not to drive too slowly when most of them received a speeding ticket. Also, taking defensive driving requires you to fill out the paperwork properly and keep up with it to make sure you do not make a mistake which might cause the ticket to appear on your record anyway. We may also be able to get you more favorable terms on your deferral than you can get on your own.
What is pre-trial diversion? This is like a deferral done by the prosecutor. He holds your case open for a certain time, during which you must obey the law. If you successfully complete the prosecutors terms, the prosecutor dismisses your offense. This is not usually available on traffic tickets.
If I go to trial, should I ask for a judge trial or a jury trial? This is really a tough question to which there is no right answer. Just remember that on traffic offenses, jurors are often summoned in the evening or other inconvenient time and may hold that against you when deciding your case. Also, jurors tend to believe police officers, so when the officer shows up and testifies that he witnessed your vehicle violating a traffic offense, the case is usually "over." But to convict you, the jury of six must unanimously agree that you are guilty beyond a reasonable doubt, so if you can convince at least one not to find you guilty, the jury will be "hung" and the prosecutor will have to decide to re-try your case on another date, or just dismiss your ticket. During jury questioning, I often hear potential jurors talk of previous jury experience where "someone was trying to get out of a ticket," which leads me to think most folks think you are guilty before you start.
Does the officer usually show up for trial? Yes. Officers typically receive at least two hours of overtime pay to come to court, so you can expect them to show up and testify.
I wasn't going as fast as I was cited for, does that mean they will dismiss the ticket? No.
I have an old ticket that I never did anything with, now I cannot renew my drivers license, can you help? Yes, we can still "appear" on a citation which you received a "failure to appear" violation on. You may have to pay additional fees (such as OMNI or warrant fees) but often times we can get the prosecutor to agree to dismiss the "failure to appear" charge and defer the original citation. You will be charged additional attorney fees because of the additional work involved. Keep in mind, some courts are slow to lift warrants.
Why do you not take cases in certain cities or JP Courts are not available even though they are in McLennan County, Texas? We strive to give you great bang for your buck. As such, when we discover a certain court is not very responsive, usually by not making fair offers to our clients, we stop taking cases in those areas, because when you hire us, we want it to be on a case where we have a reasonable chance of getting you an acceptable outcome. Also, with Mr. Cunha as the prosecutor in Riesel and Mount Calm, we cannot take cases in either place because it would be a conflict of interest.
(and other class C misdemeanor violations)