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Justices of the Peace - Ticket Information
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What are my options?

When you are charged with a Class C, fine-only, offense, i.e. a ticket, you have all the rights reserved for you as you would in any criminal offense.

You have the right to hire an consult with a lawyer at all times.  You have the right to have your lawyer with you for clarity or guidance at all times.  

You have the right to remain silent and not say anything.

Anything that you say can be used as evidence against you at a trial.

You have the right to stop any interviews or questioning by Peace Officers or Attorney's representing the State.

You do not have the right to a court-appointed attorney, like Class B or Class A misdemeanors or Felony offenses. The reason is because, with a Class C, fine-only, offense, there is not a possible punishment of jail or prison time.  

If you receive a citation, or what is commonly called a "ticket", you will have to make one of the following pleas:

Guilty - You are admitting guilt.  You are waiving a right to trial.  You are accepting that the fine will be assessed against you.  The court will find you guilty and grant your options to dispose of the case.  

No Contest - You are not admitting guilt.  You are not stating "I'm guilty" or "I'm not guilty."  You are stating that you just don't want to contest the charge (i.e. "I don't want to fight the ticket").  You are waiving a right to trial.  You are accepting that the fine will be assessed against you.  The court will find you guilty and grant your options to dispose of the case.  

Not Guilty - You are not admitting guilty.  In fact, you are declaring you are not guilty, at all.  You will be given a court date for a Pre-trial conference with the Hopkins County Attorney, the Prosecutor for the State in Class C, Fine-only, Offenses.  

At Pre-trial, you will tell the prosecutor why you feel you're not guilty.  The Prosecutor will listen to you and tell you if the case may be prosecuted or if a motion for dismissal will be presented to the court. 

If the Prosecutor offers you a plea deal, or plea bargain, you are not required to accept the plea deal if you would still like to request a trial before a judge or jury.  

If you decide to request a trial before the judge or jury, you are responsible for bring evidence and witnesses that you believe is relevant for court.  

Any Defendant that is under the age of 17, or a minor (under 21 years old) and charged with certain offenses must plea in open court.

How much is it if I want to pay the fine?

To determine your fine amount you may go to GovRec and enter your ticket information or your identifying information.  Should you pay the fine on-line there is a 5.5% convenience fee that will be charged to you.  If you come into the Justices of the Peace offices to pay your fine, no additional fees will be charged to you.

Driving Safety Course (DSC)

If you are given a citation for a Rules of the Road violation, or Moving Violation, you may consider completing a Driver Safety Course to prevent a conviction on your driving record. 

You may qualify for the Driver Safety Course if:

You have not taken Defensive Driving in the last twelve months. 
You have a valid Texas Driver’s License.  If you are an active-duty service member or the dependent of an active-duty service member, and you do not have a Texas Driver’s License, you may submit an affidavit that you are not currently taking s Driver Safety Course for another offense, and you have not taken one in the last 12 months in another state. 
You must have a current insurance policy on your vehicle
You must submit a written request before taking a Driver Safety Course 

If any of the following apply to you, then you are not eligible for dismissal after Driver Safety Course: 

If you currently have a Commercial Driver's license or you had one at the time of the stop.  
The offense was committed in a work zone with workers present, except for a vehicle emissions inspection or maintenance offense, a pedestrian offense, a child passenger safety seat offense, or a seat belt offense.  
Speeding at a speed of 25 mph or more over the posted speed limit, or at a speed of 95 mph or more.
Passing a school bus while loading/unloading children
Failing to remain at the scene of a collision involving damage to a vehicle or injury to a person, or failing to render aid or exchange information after such a collision. 

After the court authorizes you to complete the Driver Safety Course, you will have 90 days to complete the course and submit the following:

Certificate of completion
Valid Texas driver’s license
Driving record
Valid auto insurance
Pay the Driver’s Safety Course Fine.  NOTE: A time payment reimbursement fee must be assessed if any amount owed is paid more than 30 days after the order to pay.
Submit an affidavit that you are not currently taking a Driver Safety Course for another offense and that you have not taken one in the last 12 months. 
 
To locate an online Driver Safety Course, please click here.  You can access courses by going to the TDLR website or scanning the QR code listed above.  None of the courses are endorsed or suggested by Hopkins County or either Justice Court.


Deferred Disposition

A Defendant is placed on a probationary period (up to 180 days).  The Defendant agrees to reasonable terms or conditions and attests not to violate those terms or conditions.  after the Deferral period ends, the case is dismissed.   

If the Defendant violates the terms or conditions of the agreement, the court may enter a judgment of conviction against the Defendant.  The terms and conditions may include discretionary terms or conditions, and there are terms and conditions the statutes require the court to impose.  

A Deferral is not a mandatory option and is up to the discretion of the Judge of the court.  

A Defendant charged with a Rules of the Road offense in a work zone with workers present (other than pedestrian/inspection/seatbelt offense), or has a Commercial Driver's License at the time of the offense or has one at the time of the appearance before the court, is not eligible to have a ticket dismissed after a deferral. 

A Defendant who is under 25 years old, charged with an offense classified as a moving violation, and requests a deferral must take a Driver Safety Course as a condition of the deferral agreement.  If a Defendant who is under 18 years old, holds a Provisional Driver's License and requests a deferral agreement must re-take the driving test through DPS as a condition of the deferral agreement."

Compliance dismissals
Certain offenses provide explicit permission for the court to dismiss the offense on its own without a motion from the prosecutor. Some common offenses are:  (This is not an exhausted list)

No Insurance
If you provide proof that you did have current auto insurance at the time of the stop - The ticket will be dismissed.

Expired Registration 
             If you register the vehicle no later than 20 working days after the offense or by appearance date, whichever is later and pay the delinquent registration fine at the time you register the vehicle - The ticket will be dismissed with a dismissal fine of $20.

Expired Driver's License
      If you register the vehicle no later than 20 working days after the offense or by appearance date, whichever is later -  The ticket will be dismissed with a dismissal fine of $20.

If you have a ticket that is compliance dismissal eligible, the court clerk will give you your options.  

 

What about no seat belt tickets?

The Court may allow a defendant to take defensive driving if the defendant would like to have a no seat belt ticket dismissed.