Texas Failure To Appear

Failure To Appear Texas

How Can I Find Out if I Have a Failure to Appear for a Traffic Ticket?

In most cases you can enter your information on this DPS website and it will inform you of your violation and where the appearance should have been. Then it is advisable to call the court or contact an attorney to do so for you.

This site applies only to jurisdictions with a contract with the DPS. If the jurisdiction does not have a contract, then mostly likely the violation will not show up in the site search.

What Make a Ticket Enforceable Against Me in Court?

Art. 45.019. REQUISITES OF COMPLAINT. (a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:

(1) it must be in writing;

(2) it must commence “In the name and by the authority of the State of Texas”;

(3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;

(4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;

(5) it must state the date the offense was committed as definitely as the affiant is able to provide;

(6) it must bear the signature or mark of the affiant; and

(7) it must conclude with the words “Against the peace and dignity of the State” and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words “Contrary to the said ordinance”.

(b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made.

(c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.

(d) A complaint may be sworn to before any officer authorized to administer oaths.

(e) A complaint in municipal court may be sworn to before:

(1) the municipal judge;

(2) the clerk of the court or a deputy clerk;

(3) the city secretary; or

(4) the city attorney or a deputy city attorney.

(f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time.

(g) In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under Section 32.41, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney under Section 32.41(e), Penal Code.

When Am I Entitled to Notice of The Charge Against Me?

Art. 45.018. COMPLAINT. (a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense.(b) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint. The defendant may waive the right to notice granted by this subsection.

What if My Ticket Was Dismissed or I Already Paid it?

If your ticket is resolved you will need to contact the court where the ticket was filed. They are the only place with the authority to clear the citation.

I have represented people who did not realize that they had more than one ticket or forgot to take care of all the tickets they received after being stopped.

Can I Find Out if I Have a Warrant?

The DPS Failure to Appear program does not have information about warrants. They do sometimes go hand in hand though. I have more information on finding out if you have a warrant here http://erictorberson.com/texas-warrant-search. It is easier to find out about warrants in some counties more so than others unfortunately.

Who Do I Pay For My Violation?

Any payments need to go through the JP or municipal court regarding violations filed. They will know if any fees need to be paid to anyone else. Some courts accept online payments. There used to be links to city and county sites but as of right now the domains are showing error. You will need to do a search for the jurisdiction of your ticket and contact the court.

In many cases the court accepts payment by credit card by phone or online.

Can My Drivers License Renewal Be Denied For Non Traffic Violations?

Yes the Texas Traffic Code 706 authorizes the Texas DPS to deny renewal for a Texas drivers licenses for any violation of Texas courts.

Where Do I Call for Help From the DPS?

For online help click https://www.dps.texas.gov/ for help over the phone call (512)424-2600.

What Do I Do if I Have a Drivers License Renewal Hold?

Two things need to happen. The warrant needs to be lifted and the omni fee needs to be paid. This will remove the drivers license renewal hold. An attorney can do this for you.

The removal of the warrant is done by an appearance bond by the attorney. This allows the case to be put back on the docket to allow an attorney to begin negotiating with a prosecutor to resolve the ticket or tickets.

The $30 omni fee is paid to the court. The court then send a release to the DPS to release any holds on the drivers license renewal.

Can I Just Pay My Ticket and Be Done With It?

Paying your ticket will create convictions on your record. This could affect your insurance and any consequences from further tickets down the road, so to speak.

Luckily surcharges went away September 1, 2019. The Drivers Responsibility Program was repealed.

Contact Eric Torberson for advice or assistance for you legal needs.

Author: Eric Torberson

Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.