How to use these questions: Try to answer each question in your own words, then select it to reveal the answer and check your understanding. Select the question again to hide the answer.
Part 1: Municipal Court Jurisdiction
1. Original jurisdiction means that a court has authority to adjudicate a case. (True or False)
True.
2. Municipal courts have exclusive original jurisdiction over all offenses filed in their court. (True or False)
False (municipal courts do not have exclusive original jurisdiction over all offenses; some are concurrent with justice courts).
3. Municipal courts have concurrent jurisdiction with justice courts over state law violations that occur in the geographic jurisdiction of the city. (True or False)
True.
4. Municipal courts of record automatically have concurrent jurisdiction with district and county courts for the purpose of enforcing junked vehicle ordinances. (True or False)
False.
5. Municipal courts have geographic jurisdiction over fine-only offenses that occur within the territorial limits of the county. (True or False)
False.
6. Municipal courts have jurisdiction over fine-only offenses that occur on city-owned property in the city’s extraterritorial jurisdiction. (True or False)
True.
7. Municipal courts of record in home-rule cities have some jurisdiction over city ordinance offenses which abate nuisances that occur within any part of the extraterritorial jurisdiction of the city. (True or False)
True.
8. Municipal courts do not have jurisdiction over offenses that include as part of the sanctions suspension of the driver’s license. (True or False)
False (the imposition of a sanction by an agency other than the court, like a license suspension, does not affect the court's original jurisdiction).
9. State statutes specify maximum amounts of penalties that cities may establish for city ordinance violations. (True or False)
True.
10. The maximum amount of fine jurisdiction of municipal courts is $500. (True or False)
False (it is up to $2,000 in certain cases like zoning or public health, and up to $4,000 for dumping refuse).
11. Municipal courts may waive their jurisdiction over persons under the age of 17 for all Class C misdemeanor offenses. (True or False)
False.
Part 2: Charging Instruments
12. A defendant must be given at least 10 days' notice of a pre-trial hearing to allow them sufficient time to raise or file preliminary matters. (True or False)
True.
13. The filing of a complaint in municipal courts initiates the proceedings in municipal courts. (True or False)
True.
14. Only peace officers, not citizens, may be affiants for complaints filed in municipal courts. (True or False)
False (any credible person acquainted with the facts may swear to a complaint).
15. All complaints must begin with the words, “In the name and by the authority of the State of Texas.” (True or False)
True.
16. State statutes require that all complaints end with the words, “Against the peace and dignity of the State,” including complaints for city ordinance offenses. (True or False)
True.
17. Failure to allege all the elements of an offense in the complaint makes the complaint defective. (True or False)
True.
18. All complaints must allege a specific location in the complaint. (True or False)
False (a specific location is not required if the offense is one that could occur anywhere in the court's jurisdiction).
19. A complaint must allege that the offense occurred within the city. (True or False)
True.
20. City ordinance offenses punishable by a fine of more than $500 are not required to allege a culpable mental state. (True or False)
False (a culpable mental state is required for city ordinance offenses punishable by a fine exceeding $500).
21. A culpable mental state must be alleged in a complaint for all traffic offenses. (True or False)
False (offenses charged under the Transportation Code generally function as strict liability and do not require pleading a culpable mental state).
22. If an abbreviation is well-defined and well-understood, it can be used in the complaint without rendering the complaint defective. (True or False)
True.
23. Grammatical and spelling errors always make a complaint defective. (True or False)
False.
24. The owner of stolen property does not have to be identified in the complaint. (True or False)
False (the complaint must indicate who owns the property).
25. The complaint charging the offense of theft must describe the property stolen. (True or False)
True.
26. It is not necessary to allege the specific value of stolen property in a complaint. (True or False)
False (the value must be pled with enough sufficiency to show that the amount falls within the court's jurisdiction).
27. The prosecutor is not allowed to allege the name of a victim in a complaint because the names of all victims are confidential. (True or False)
False (the victim must be named, except where certain victims are legally entitled to pseudonyms).
28. The doctrine of idem sonans means that a name in a complaint may be amended. (True or False)
False (it refers to names sounding the same despite a variance in spelling, rendering them sufficient).
29. The manner of committing an assault must be alleged in a complaint. (True or False)
True.
30. A complaint must allege the date of the offense on or about as definitely as the affiant can provide. (True or False)
True.
31. A person swearing to a complaint must do so in front of the person administering the oath. (True or False)
True.
32. An affiant is required to have personal knowledge of an offense before swearing to a complaint. (True or False)
False (the affiant can swear based on personal knowledge or hearsay, such as reviewing an arrest report).
33. Complaints must state that an affiant has reason to believe and does believe. (True or False)
True (specifically that they have good reason to believe and do believe).
34. A jurat is the signature of the person swearing to a complaint. (True or False)
False (it is the certificate/clause of the person before whom the complaint is sworn, stating when and before whom it was sworn).
35. If the person administering the oath to an affiant does not have authority to do so, the complaint is still valid. (True or False)
False (it renders the complaint invalid).
36. If a jurat does not state a specific date, the complaint is defective. (True or False)
True.
37. Municipal court complaints are required to have a court seal. (True or False)
True.
38. A motion to quash a complaint means that the defendant is asking the court to set aside the complaint because of some defect in the complaint. (True or False)
True.
39. When a court grants a motion to set aside a complaint, the prosecutor cannot file a new complaint in the case. (True or False)
False (the State can refile by a new complaint as long as the statute of limitations has not run).
40. If a complaint is amended, the affiant can “re-swear” to the amended complaint so that the complaint will not be defective. (True or False)
True.
41. Court clerks may enhance charges filed by citation if there are prior convictions. (True or False)
False (only the prosecutor decides whether to pursue an enhancement).
42. A complaint must be enhanced to increase the second or subsequent punishment. (True or False)
True.
43. All Class C misdemeanor charges can be filed by a citation. (True or False)
False (e.g., public intoxication generally requires a sworn complaint).
44. A citation may serve as a complaint only when the defendant has been given a legible duplicate copy. (True or False)
True.
45. The citation may never serve as a complaint at trial. (True or False)
False (it may serve as the complaint if the defendant and prosecutor sign a written agreement to go to trial on the citation).
46. A sworn complaint based on probable cause or a probable cause affidavit must be on file with the court before a warrant may be issued. (True or False)
True.
Part 3: Dismissals
47. Because some statutes create a mandatory judicial duty to dismiss cases in certain instances, judges are allowed to dismiss without a prosecutor motion. (True or False)
True (statutes like those for DSC, deferred disposition, teen court, and chemical dependency treatment create mandatory exceptions).
48. Municipal judges do not have any discretionary authority to dismiss cases. (True or False)
False (they have discretion for compliance dismissals as authorized by specific statutes).
Part 4: Docket
49. A docket is a formal record of each case in the court. (True or False)
True.
50. If a court maintains and stores a docket electronically, the court must also maintain a paper copy of the docket. (True or False)
False (dockets may be kept manually or, at the judge's discretion, electronically).
51. A judgment is the official decision of a judge showing the conviction, acquittal, or dismissal of charges against a defendant. (True or False)
True.
52. A judgment may be signed electronically and then entered in the docket. (True or False)
True.
Part 5: Non-Contested Proceedings
53. A plea is only valid if it is given intelligently and voluntarily. (True or False)
True.
54. When defendants do not want to contest the charges filed against them, they must plead either guilty or nolo contendere and waive their right to a jury trial in writing. (True or False)
True.
55. When defendants appear in municipal courts, they submit themselves to the authority and jurisdiction of the court. (True or False)
True.
56. A family member of the defendant who is not an attorney may deliver to the court a signed nolo contendere plea to the court. (True or False)
False (appearing or submitting a plea on behalf of another constitutes the practice of law and can only be done by licensed attorneys).
57. Adult defendants may appear by counsel in open court to plead guilty or nolo contendere. (True or False)
True.
58. If an adult defendant delivers a plea to the court on or before his or her scheduled appearance date, the court must dispose of the case without requiring a court appearance. (True or False)
True.
59. A defendant is considered to have made an appearance when he or she mails in a plea and/or fine payment. (True or False)
True.
60. Clerks may ask defendants who appear in their office for a plea to determine how to process the defendant’s case. (True or False)
False (clerks must not present bias, provide legal advice, or unconsciously sway a defendant to pick one option over another).
61. Clerks have the authority to accept or reject a mail-in payment if it is an incorrect amount. (True or False)
False (clerks do not have independent authority to accept/reject incorrect payments; they must present them to the judge for direction).
62. When clerks receive fine payment from defendants who either deliver or mail the payment to the court, there is not a conviction until the judge accepts the payment and signs a judgment. (True or False)
True.
Part 6: Failing to Appear
63. All defendants who fail to appear can be charged with the Penal Code offense of failure to appear. (True or False)
False (Penal Code 38.10 applies to someone lawfully released from custody with or without bail; those released on a written promise to appear are charged under the Transportation Code).
64. The offense of violation of promise to appear may be charged when a defendant fails to appear for any traffic offense. (True or False)
False (VPTA applies only to offenses under Subtitle C, Rules of the Road, of the Transportation Code).
65. Courts can contract with DPS to deny driver’s license renewal to defendants who fail to appear. (True or False)
True (commonly referred to as OmniBase or Omni).
66. Cities can contract with the Texas Department of Motor Vehicles for denial of vehicle registration renewal for defendant’s failure to appear. (True or False)
True (commonly referred to as Scofflaw).
67. The purpose of the Nonresident Violator Compact is to assure that nonresident motorists receiving traffic citations in member states will receive the same treatment accorded resident motorists. (True or False)
True.
Part 7: Warrants, Capiases, and Summonses
68. Before a warrant or capias may be issued, the judge must have probable cause. (True or False)
True.
69. In some instances, court clerks may determine probable cause. (True or False)
False (only a judge or magistrate has the authority to determine probable cause).
70. A complaint is not sufficient to issue a warrant unless it contains probable cause. (True or False)
True.
71. City police officers have countywide authority to serve municipal court warrants. (True or False)
True.
72. A municipal judge has authority as a judge and as a magistrate to issue arrest warrants. (True or False)
True.
73. The judge’s authority, under Art. 45A.104, C.C.P., to issue warrants of arrest is for fine-only misdemeanors filed in the judge’s court. (True or False)
True.
74. When a bond forfeiture is declared, the court is required to issue a capias. (True or False)
True.
75. A capias may be issued by either a municipal court clerk or a municipal judge. (True or False)
False (the capias is issued by the court, or by the clerk at the direction of the judge).
76. Since a summons does not order an arrest but gives notice to a defendant to appear in court, clerks may issue and serve it. (True or False)
True.
77. Before a court can issue a summons, the prosecutor must request the issuance. (True or False)
True (except for summonses to corporations or associations under Ch. 17A, C.C.P.).
78. When a corporation or an association has been served with a summons, they have until the Monday next after the expiration of 20 days after service of the summons to appear. (True or False)
True.
79. Since a summons does not command a peace officer to arrest the defendant, clerks can serve the summons by mailing it. (True or False)
False (summons service must be executed by a peace officer, although mailing is one of the officer's authorized methods).
80. Service of summons on a corporation must first be attempted on the registered agent for service. (True or False)
True.
81. Defendants who fail to appear in response to a summons can be arrested on a capias. (True or False)
True.
82. Municipal judges can order the seizure of animals being cruelly treated. (True or False)
True.
83. All municipal judges have the authority to issue a search warrant for the purpose of investigating a health and safety or nuisance abatement ordinance violation. (True or False)
True.
84. Only municipal judges of municipal courts of record, after an ordinance is adopted by the city, may issue a seizure warrant for the purpose of securing, removing, or demolishing property that is a nuisance. (True or False)
True.
Part 8: Trial Processes
85. Defendants must ask for a jury trial if they want one. (True or False)
False (the right to a jury trial is automatic and must be actively waived in writing).
86. All trials, including trials involving juveniles, are required to be open in municipal court. (True or False)
True.
87. Since municipal courts cannot assess confinement in jail as a punishment, municipal courts are not required to provide speedy trials. (True or False)
False (there is still a constitutional right to a speedy trial).
88. Defendants have a right to be represented by an attorney in municipal court cases. (True or False)
True.
89. Defendants have a constitutional right to represent themselves. (True or False)
True.
90. A non-attorney parent may represent his or her child in court if the child is charged with a crime. (True or False)
False (a non-attorney may not represent another person in court, as this is the unauthorized practice of law).
91. Clerks have the authority to issue subpoenas. (True or False)
True.
92. The municipal courts have specific authority to issue subpoenas for out-of-county witnesses. (True or False)
False (the C.C.P. is silent on out-of-county subpoenas for fine-only cases, making them generally unenforceable outside the county).
93. If a witness is younger than 18, the court may subpoena his or her parents to produce the witness in court. (True or False)
True.
94. A subpoena duces tecum is a subpoena that orders the witness to bring other witnesses with him or her. (True or False)
False (it orders the witness to bring physical documents or other tangible evidence).
95. If a peace officer serves a subpoena by mail, the subpoena can be mailed regular mail. (True or False)
False (it must be sent by certified mail with return receipt requested).
96. A defendant can request in writing that a subpoena be served in person rather than by mail. (True or False)
True.
97. All municipal courts are required to have a court reporter. (True or False)
False (only municipal courts of record are required to provide a court reporter or electronic recording device).
98. Court reporters must take the oath of office required of other officers of the State of Texas. (True or False)
True.
99. Court reporters are required to sign an oath administered by the district clerk. (True or False)
True.
100. Court reporters may use a combination of transcribing equipment, video or audio recording equipment, and written notes to record court proceedings. (True or False)
True.
101. If a court reporter uses a recording device, the recording must be kept for 20 days, beginning after the last day of proceeding, trial, denial of motion for new trial, or until any appeal is final, whichever occurs last. (True or False)
True.
102. Before the court can schedule a pre-trial, the court must have a motion from either the prosecutor or the defense. (True or False)
False (the court may set any criminal case for pre-trial on its own motion).
103. Pre-trial is for the purpose of determining the merits of the case. (True or False)
False (it is for preliminary matters, resolving motions, and scheduling, not deciding the guilt or innocence on the merits).
104. Generally, pre-trial procedures help expedite the trial process. (True or False)
True.
105. Notice of a pre-trial hearing must be given to the defendant in person. (True or False)
False (notice can also be given in open court, by personal service, or by mail).
106. The court may require all motions filed with the court before a pre-trial to be filed at least seven days prior to the date of the pre-trial hearing. (True or False)
True.
107. Continuances by operation of law can be because a defendant has not been arrested. (True or False)
True.
108. Continuance by agreement is by consent of both parties in open court. (True or False)
True.
109. Clerks have the authority to grant a continuance and reset a case when a defendant calls the court. (True or False)
False (only the judge can grant a motion for continuance; this authority cannot be delegated to clerks).
110. A request for a continuance for cause is required to be in writing. (True or False)
True.
111. Only the defendant can request a continuance for a religious holy day. (True or False)
False (a defense attorney, prosecutor, or juror can also request a continuance for a religious holy day).
112. Defendants must waive their right to a jury trial in order to have a bench trial. (True or False)
True.
113. Before the court summons prospective jurors, the judge must issue a writ of venire. (True or False)
True.
114. A venire is a list of prospective jurors to be summoned for a particular term of court. (True or False)
True.
115. State statutes require that municipal court jurors reside in the city in which the city is located. (True or False)
True.
116. A person must be a registered voter before he or she can serve on a jury. (True or False)
False (they must be a qualified voter, but do not have to be actually registered to vote).
117. A person who is enrolled in college can be required to sit on a jury if the trial is scheduled at a time when the person is not in class. (True or False)
False (the student exemption is absolute upon the student's request, regardless of class schedules).
118. To request a permanent exemption from jury service, a person must be at least 75 years of age. (True or False)
True.
119. A clerk who receives a request for permanent exemption from jury service must deliver a copy of the exemption to the voter registrar of the county. (True or False)
True.
120. A prospective juror may establish an exemption by filing a written statement of the ground of the exemption with the clerk. (True or False)
True.
121. The clerk may never grant a postponement of jury service. (True or False)
False (the clerk is required to grant an initial postponement if statutory requirements are met).
122. A person who provides false information in a request for exemption is subject to contempt and can be fined up to $1,000. (True or False)
True (specifically not less than $100 or more than $1,000).
123. Since personal information on jurors collected by the court is confidential, it cannot be released for any reason. (True or False)
False (exceptions exist for parties to the case or the news media upon a showing of good cause).
124. State law does not require municipal courts to pay their jurors. (True or False)
True (unless the municipality specifically authorizes juror compensation).
125. A person who fails to appear for jury service can be charged with the offense of failure to appear and assessed a $100 fine. (True or False)
False (failing to appear for jury duty is subject to contempt of court with a fine of up to $100, not a separate criminal charge of failure to appear).
126. Only the defense can ask for a jury shuffle since the statutes only allow one shuffle in a trial. (True or False)
False (either the prosecution or the defense may demand a jury shuffle).
127. If a challenge to the array of a jury is made, the clerk must reseat the jury in random order. (True or False)
False (if the challenge is sustained, the judge will order a completely new jury panel to be summoned by someone else).
128. If after voir dire there are not enough jurors, the trial must be rescheduled for another trial date. (True or False)
False (the judge can order a peace officer to summon qualified individuals to form a new panel, known as a 'pick-up jury').
129. Since clerks are court officers, they may converse with jurors after the case has been submitted to the jury for a decision. (True or False)
False.
130. If a defendant wants a jury to decide punishment, the defendant must have elected before the trial for the jury to do so. (True or False)
True.
131. Clerks should provide guidance about proper conduct and dress to court participants during the day of trial. (True or False)
True.
132. A defendant who has been in custody and then failed to appear for trial, may be charged with the Penal Code offense of failure to appear. (True or False)
True.
133. When a defendant who has a bond filed with the court fails to appear, the prosecutor can request the court forfeit the bond. (True or False)
True.
134. If a defendant fails to appear for a jury trial, the court may assess the defendant the costs for impaneling a jury. (True or False)
True.
135. Docket call is when the court determines if all the prospective jurors appeared. (True or False)
False (docket call is calling the names of defendants set on the trial docket).
136. Municipal courts may close a trial to the public if it is in the best interest of the defendant. (True or False)
False (all criminal trials must be public, with limited witness exclusion exceptions).
137. The court may, upon request of either the prosecution or the defense, exclude witnesses from hearing each other’s testimony. (True or False)
True (commonly referred to as invoking 'The Rule').
138. In a bench trial, the judge renders judgment. (True or False)
True.
139. The jury’s decision is called a verdict. (True or False)
True.
140. If a mistrial is declared, the case must be tried within two days. (True or False)
False (it may be tried again as soon as practicable).
141. If a jury finds a defendant not guilty, the defendant is still liable for the costs of the trial. (True or False)
False (an acquitted defendant is discharged without any liability).
142. The judge may require defendants to pay the entire fine and costs when sentence is pronounced. (True or False)
False (the judge must ask about the defendant's ability to pay and determine if alternative options are required).
143. Defendants convicted in non-record municipal courts must request a new trial within one day of the judgment. (True or False)
False (they have five days after the rendition of judgment).
144. When a motion for a new trial is filed with the court, the judge has 10 days to decide whether to grant or deny the motion. (True or False)
True.
145. If a defendant makes a motion for new trial by mail, the motion must be received by the court within 10 business days from the date of judgment to be properly filed. (True or False)
False (it must be postmarked on or before the due date, and the clerk must receive it not later than the 10th working day after the filing deadline).
146. If a new trial is granted, the court must try the case within 10 days of granting the motion. (True or False)
False (the judge shall proceed as soon as practicable to try the case again).
147. If a defendant in a municipal court of record wants a new trial, the defendant must submit a written motion to the court not later than 10 days after the judgment. (True or False)
True.
148. Defendants in a municipal court of record may not file an amended motion for new trial. (True or False)
False (amended motions are allowed under specific time limits).
Part 9: Contempt
149. Direct contempt means that an act occurred in the judge’s presence. (True or False)
True.
150. Indirect contempt is an act that occurs outside the court’s presence. (True or False)
True.
151. If a person is charged with either indirect or direct contempt, the person is not entitled to a hearing. (True or False)
False (indirect contempt requires notice, a hearing, and the right to counsel; direct contempt does not require a prior hearing if immediate action is needed).
152. Civil contempt includes willfully disobeying a court order. (True or False)
True.
153. Criminal contempt means that a person disrupted court proceedings or obstructed justice. (True or False)
True.
154. If a peace officer fails to execute a summons, subpoena, or attachment, the officer may be punished by contempt. (True or False)
True.
155. Failure to appear for jury duty includes three days in jail as a punishment. (True or False)
False (jury duty non-attendance is punishable by a maximum fine of $100 for contempt, without confinement).
Part 10: Post-Trial Procedures
156. When a defendant is entitled to jail credit, the clerk should properly record jail credit. (True or False)
True.
157. If a defendant discharges a fine and costs by jail credit, the city is liable for payment of the court costs to the State Comptroller. (True or False)
False (the State Comptroller does not require the court to remit court costs that were not collected in money).
158. Only the judge may authorize defendants to pay fines and costs by credit card. (True or False)
False (credit card collection must be authorized by the governing body of the municipality).
159. Clerks are not allowed to collect payments through the internet unless the judge authorizes that method of payment. (True or False)
False (the governing body of the municipality must authorize payment via the internet/electronic means).
160. If payment is not honored by a credit card company, the municipality may collect a service charge from the defendant. (True or False)
True.
161. Defendants may discharge a fine, but not the costs by community service. (True or False)
False (both the fine and costs may be discharged by community service).
162. The court may require an indigent defendant to discharge a fine by community service. (True or False)
True.
163. The court must credit the defendant with not less than $50 for every eight hours of community service performed. (True or False)
False (under current Texas law, a defendant is credited not less than $150 for each eight hours of community service performed).
164. A municipal judge may waive a fine and court costs for those determined to be indigent by law, but not for those that simply do not have sufficient resources to pay. (True or False)
False (the waiver statute authorizes waiver for those who are indigent OR lack sufficient resources/income to pay).
165. Describe the judge’s authorization to waive fine or costs under state law. (Short Answer)
The judge’s authorization to waive fine or costs is broad under current law. If the judge makes certain determinations, he or she could decide to waive any part of the fine or any cost depending on the judge’s determination of sufficient resources or indigency.
Part 11: Fine Enforcement and Collection
166. A capias pro fine is a written order of the court issued because a defendant failed to satisfy the judgment and sentence according to its terms. (True or False)
True (it is a writ issued after a required hearing for failure to satisfy the judgment).
167. A capias pro fine may be issued once a defendant fails to complete community service to satisfy a fine as previously ordered by the court. (True or False)
False (the court must first send notice and hold a required hardship hearing before issuing a capias pro fine).
168. What is a peace officer authorized to do upon serving a capias pro fine? (Short Answer)
A peace officer is authorized to bring the person before the court immediately or place the defendant in jail until the business day following the date of the defendant’s arrest if the defendant cannot be brought before the court immediately.
169. Where should the hearing prior to issuance of a capias pro fine be reported on the OCA Monthly Activity Report? (Short Answer)
The capias pro fine hearing, called a show cause hearing by the OCA, is reported on Line 13 with show cause hearings held.
170. What documents are sufficient, and should be in the court’s file, to authorize confinement of a defendant following commitment proceedings under Article 45.046/45A.261 of the Code of Criminal Procedure? (Short Answer)
Article 45A.261(b) of the Code of Criminal Procedure provides that a certified copy of the judgment, sentence, and order is sufficient to authorize confinement following commitment proceedings.
171. The process of execution is started by the city attorney. (True or False)
True.
172. A writ of execution is a written order showing the debt of the defendant and commanding a peace officer to take property and sell it. (True or False)
True.
173. Only the judge can issue the writ of execution. (True or False)
False (the clerk issues the writ of execution upon request).
174. Only sheriffs and constables can serve a writ of execution. (True or False)
False (city police officers can also serve municipal court writs of execution).
175. An abstract of judgment requires the defendant/debtor to pay a municipal court judgment immediately. (True or False)
False (it is a simplified notation of judgment recorded with the county clerk to create a lien; it does not force immediate payment but leads to passive recovery).
176. An abstract of judgment can be filed with the county clerk’s office claiming a judgment against a defendant. (True or False)
True.
177. What two statements must appear in a communication to defendant regarding collections under a contract with a collections vendor? (Short Answer)
Notice of the person’s right to enter a plea or go to trial on the offense, and a statement that if the person is unable to pay the full amount, they should contact the court regarding alternatives.
Part 12: DSC and Deferred Disposition
178. The copy of the citation given to the defendant for a traffic offense by a peace officer must contain a statement of the person’s right to take a driving safety course. (True or False)
True.
179. A driving safety course may be taken for any traffic offense. (True or False)
False (there are statutory exceptions, such as speeding 25+ mph over the limit, passing a school bus, or possessing a CDL).
180. A person with a commercial driver’s license driving his or her personal vehicle is not eligible to take a driving safety course for a violation of a traffic offense. (True or False)
True.
181. Offenses committed in a construction maintenance work zone when workers are present are not eligible for a driving safety course. (True or False)
True.
182. Defendants who want to exercise their right to take a driving safety course must plead either guilty or nolo contendere. (True or False)
True.
183. Defendants must have a Texas driver’s license and evidence of financial responsibility to be eligible to exercise their right to a driving safety course. (True or False)
True (active military, spouses, or dependents have special exceptions, but a license/permit is generally required).
184. When a judge grants a driving safety course under the permissive provisions, the judge may require a fine not to exceed the maximum possible fine for the particular offense. (True or False)
True.
185. Defendants who are granted the right to take a driving safety course must take the course and submit evidence of completion within 120 days. (True or False)
False (the statute grants 90 days to successfully complete and present evidence of completion).
186. If a defendant’s driving record submitted with the DSC completion certificate shows that the defendant was not eligible, the court must still dismiss the traffic charge if the defendant completed the driving safety course. (True or False)
False (if the driving record shows they were ineligible, such as having completed another course within the prior 12 months, the court cannot dismiss).
187. If a defendant’s driving record shows the defendant was eligible and the defendant completed the driving safety course timely, but the defendant fails to file the required affidavit, the court may not dismiss the traffic charge. (True or False)
True (all three requirements—completion certificate, certified driving record, and signed affidavit—must be presented).
188. If a defendant fails to submit the required evidence of course completion, the court must conduct a show cause hearing. (True or False)
True.
189. Courts must report the dismissal date of a driving safety course to DPS. (True or False)
False (the court reports successful completion by noting the course completion date, not the date of dismissal).
190. A person who holds or held a commercial driver’s license at the time of the offense is generally not eligible for deferred disposition. (True or False)
True (specifically if charged with an offense involving motor vehicle control).
191. A person who commits an offense in a construction and maintenance work zone when workers are present is eligible for deferred disposition. (True or False)
False (such offenses are explicitly barred from deferred disposition eligibility).
192. Defendants who agree to deferred disposition must either plead guilty or nolo contendere or be found guilty. (True or False)
True.
193. Before a judge can grant deferred disposition, the defendant is required to pay court costs. (True or False)
False (the judge may allow costs to be paid in installments, discharged via community service, or even waived depending on judicial interpretation).
194. The maximum deferral period for deferred disposition is 180 days. (True or False)
True.
195. When the judge grants deferred disposition to a defendant under 25 charged with a moving traffic violation, the judge must require as a term of the deferred a driving safety course. (True or False)
True.
196. When a court grants a deferred disposition to a defendant with a provisional license charged with a moving traffic violation, the court must require the defendant to retake the driving test at DPS. (True or False)
True.
197. If a defendant over the age of 25 fails to complete the terms of deferred disposition, the court may reduce the fine. (True or False)
True.
198. If a traffic offense is dismissed under deferred disposition, the court is required to report the deferral to DPS. (True or False)
False (courts may not report deferred disposition deferral orders for traffic offenses to DPS, only subsequent convictions).
199. If an Alcoholic Beverage Code offense is deferred under deferred disposition, the court is required to report the deferral to DPS. (True or False)
True (the report is made at the time deferred is granted).
Part 13: Appeals
200. Defendants charged with a city ordinance violation do not have a right to appeal. (True or False)
False (all defendants in criminal actions, including city ordinance violations, have a right to appeal).
201. Most appeals from a municipal court are heard in the county court. (True or False)
True.
202. If a defendant fails to present the appeal bond to the court within the required time, the court can refuse to send it to the county court. (True or False)
False (the clerk has a mandatory ministerial duty to forward the appeal package to the county court so that the appellate court can decide on its own jurisdiction).
203. If a county court refuses to take jurisdiction of a municipal court appeal, the defendant must pay the municipal court’s fine. (True or False)
True (the county court will issue a writ of procedendo and return jurisdiction to the municipal court to collect the judgment).
204. When a defendant appeals a case from a municipal court of non-record, the defendant gets a new trial at the appellate court. (True or False)
True (this is known as a trial de novo).
205. The amount of the bond must be at least two times the amount of the fine and court costs. (True or False)
True (in non-record courts; in record courts, it is $100 or double the fines/costs, whichever is greater).
206. Defendants in non-record municipal courts can plead guilty and appeal a case. (True or False)
True.
207. If a court receives through the mail a plea of nolo contendere and waiver of jury trial and a request for the amount of an appeal bond, the court can notify the defendant of the amount of the appeal bond by regular mail. (True or False)
True.
208. A defendant who makes a plea by mail and wants to appeal his or her case must present the court with an appeal bond before the 31st day from the judgment. (True or False)
True (they must pay the fine or give the bond before the 31st day after receiving the notice).
209. Defendants who appear in open court have 10 days from the time the judgment is entered to present the court with an appeal bond. (True or False)
True (specifically within 10 days after the sentence was rendered).
210. When counting the appeal time, the court counts the day the judgment is entered. (True or False)
False (the standard calculation excludes the first day and includes the last day).
211. If the last day of the appeal falls on a Saturday, Sunday, or a holiday, the court must give the defendant to the next working day of the court to file the appeal bond. (True or False)
True.
212. If a defendant mails an appeal bond to the court, the court must receive the bond by the 10th day after judgment is entered. (True or False)
False (the bond is timely filed if postmarked on or before the due date and received no later than the 10th day after the filing deadline).
213. Municipal court clerks have a mandatory ministerial duty to send a case to the county court regardless of whether the appeal bond was timely filed. (True or False)
True.
214. When there is a conviction on an appealed case from a court of non-record, the fine money is deposited into the county treasury for the use and benefit of the county. (True or False)
True (for record courts, affirmed fines go to the city treasury).
215. There is nothing to appeal when a defendant pays his or her fine because the judgment has been satisfied. (True or False)
True (voluntary payment satisfies the judgment and renders any appeal moot).