How to Appeal a Traffic Ticket in Texas
If you believe your Texas traffic ticket was issued in error, you have the legal right to contest or appeal it. The process can vary slightly by county, but the general procedure follows state-level rules set by the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure.
1. Understanding Your Options
When you receive a citation, you generally have three options:
- Pay the fine – which counts as a conviction.
- Request a trial – either by judge (bench trial) or by jury.
- Appeal – if you are convicted and believe the judgment was incorrect.
If you simply want to contest the ticket before it becomes a conviction, you must enter a plea of “Not Guilty” with the municipal or justice court listed on your ticket. This preserves your right to a trial and, if necessary, an appeal later.
2. Filing a Notice of Appeal
If you’ve already been found guilty and wish to appeal, you must file a Notice of Appeal within a short time frame – typically 10 days after the judgment.
The Notice of Appeal must be filed with the same court where your conviction occurred. That court will then prepare the record and forward it to the county court for review.
3. Posting an Appeal Bond
To proceed with an appeal, you must usually post an appeal bond. This bond covers court costs and ensures your appearance in higher court. The amount is set by the trial court. Failure to post the bond within the deadline may result in the appeal being dismissed.
4. Preparing the Record
The lower court clerk will assemble the record, including transcripts, evidence, and all pleadings. You can request a copy for your review. Once the county court receives the record, you or your attorney can prepare written arguments (briefs) outlining the grounds for appeal.
5. The Appeal Hearing
Appeals in Texas for traffic citations are typically de novo, meaning the county court hears the case again as if the original trial never happened. You can present new evidence, witnesses, and arguments.
However, for some cases – especially those appealed on procedural grounds – the court may rely mainly on the written record and legal briefs.
6. Final Judgment and Further Appeals
The county court’s decision can affirm, reverse, or modify the original conviction. If you still disagree, you may appeal again to a Texas Court of Appeals, though this requires more formal legal filings and is uncommon for traffic infractions.
Key Tips
- Always verify the appeal deadline listed on your judgment – missing it forfeits your right to appeal.
- Keep copies of all filings and receipts.
- Consider consulting a traffic attorney if your case involves license suspension, commercial driver’s status, or high fines.
Key Official Resources
- Texas Courts – Rules and Forms: https://www.txcourts.gov/rules-forms/
- Texas Rules of Appellate Procedure: https://www.txcourts.gov/rules-forms/rules-standards/texas-rules-of-appellate-procedure/
- Texas Code of Criminal Procedure (Chapter 45 – Justice and Municipal Courts): https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm
- Texas Judicial Branch – Find a Court: https://www.txcourts.gov/about-texas-courts/