Susan McGilberry Huntsville Municipal Court Objectives Identify when a Defendant may be granted Driving Safety Course (DSC) or. Identify the eligibility requirements for DSC and. Identify possible conditions of Deferred Disposition. Identify the proper procedures for DSC and once requested and granted. Article 45.051 Code of Criminal Procedure
On a plea of Guilty or lo Contendere or finding of Guilt, and payment of all court costs, Judge may order for not more than 180 days. Judge may also impose Special Expense Fee (amount not to exceed the amount of the fine that could be imposed) 45.051(a) CCP. *IMPORTANT* check the standing orders for your court Judge may require court costs paid at time of order or may allow Defendant to enter into payment agreement to pay them out over the term of the probation Judge may order community service in lieu of court costs, special expense fee, or combination of the two If Defendant is a juvenile, charged with a Class C misd. occurring in a building or on the grounds of the primary or secondary school which they were enrolled in at the time of the offense, the Judge may order community service or a tutoring program in lieu of fees. SEF may be collected at any time before end of the deferral period. Judge may elect not to impose SEF for good cause shown by defendant. If Defendant violates probation and Judge orders collection of SEF, amount must be credited toward payment of fine imposed by Judge.
All fine only Offenses, Except: Offenses committed in a construction maintenance work zone 45.051(f)(1) CCP State law or Ordinance violation relating to motor vehicle control, other than parking, committed by CDL holder ( holds or held at the time of violation ) 45.051(f)(2) CCP DUI and consumption w/2 convictions 106.071(i) ABC (if 17 or over) Conditions the Judge May Order: Post bond in amount of fine to secure payment of fine Pay restitution to victim, not to exceed fine Professional counseling Diagnostic testing for alcohol or drugs Psychosocial assessment Conditions (cont d.): Participate in alcohol and drug abuse treatment or education program Pay costs for directly or through court costs for any testing, assessment, treatment or education program Driving Safety Course Present evidence of compliance with conditions Any other reasonable condition
Conditions (cont d.): Defendants under 25 yrs of age charged with traffic offenses classified as Moving Violations must take DSC Provisional DL holders are required to be examined by DPS for DL All alcohol offenses: Alcohol Awareness Course required Comm. service required (except DUI see 106.041 ABC ) First offense 8 to 12 hours Second offense 20 to 40 hours Third? 106.071(i), ABC: A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferred disposition. Minor DUI also (106.041 (f) ABC) Compliance with Terms: Judge shall dismiss complaint Docket clearly noted that complaint is dismissed and there is no final conviction Alcohol offenses by minors are still convictions for enhancement purposes
Failure to Comply with Terms of Deferred: Defendant notified in writing of Show Cause Hearing Judge may allow additional period for compliance on showing of good cause At Show Cause Hearing, or at end of additional period, if still non compliant, Judge may impose fine, which constitutes Final Conviction. If noncompliant due to DSC not completed (Def. under 25 yoa/moving violations) OR DPS exam of Provisional DL holder not completed, Judge shall impose fine and enter final conviction Reporting to DPS May not report deferred traffic offenses unless Defendant fails to comply and there is a conviction, 543.204 TC Must report deferrals of all Alcoholic Beverage Code offenses, 106.117 ABC Reported on DIC 15 when case deferred Driving Safety Course and Motorcycle Operator Course Article 45.0511 Code of Criminal Procedure
Mandatory upon Request 45.0511(b) TC vs. Discretionary upon Request 45.0511(d) TC Mandatory granting of DSC 451.0511(b) TC The Judge shall grant DSC if Defendant: Charged with Eligible Offense; Enters Plea of Guilty or Contest; Makes Timely Election for DSC dismissal; Meets Qualifications Mandatory DSC/MOTC Applies to offenses: within jurisdiction of municipal court Involves operation of motor vehicle Defined as: Disobeying Warning Signs and Barricades (Sec. 472.022 TC) Rules of the Road violations (Sec. 541 600 TC) Juvenile offenses for same violations (Sec. 729.001(a)(3) TC)
Ineligible Offenses DSC/MOTC not available for: Speeding 25 mph or more over limit or over 95 mph regardless of the posted limit Passing a school bus 545.066 TC Hit and Run Offenses (Occupied Vehicles) 550.022(a) TC, 550.023 TC Serious Traffic Violations (CMV operators) Construction Zone While Workers Present Offense Committed by CDL holders ( holds or held at the time of violation ) Mandatory DSC/MOTC What constitutes Timely? Before the Answer Date Mailbox Rule Art. 45.013, C.C.P. a) If mailed on or before required date b) Court receives within 10 days of required date c) Legible postmark is evidence of receipt Mandatory DSC Election What constitutes an Election? In Person on or before the appearance date By Attorney (letter of representation) By Certified Mail with request, copy of DL, insurance and payment of court fees notarized
Mandatory DSC Qualifications Who qualifies for Mandatory DSC? Evidence of Financial Responsibility as required by Chapter 601 TC Valid Texas Drivers License or: Active U.S. Military (Including spouse and dependent children) DSC / MOC in any state in last 12 mos. prior date of offense Discretionary DSC Subsection (d) The Judge may grant DSC to a Defendant even if Defendant does not qualify under normal circumstances. 45.0511(d) CCP 45.051 CCP Discretionary DSC Under 45.0511(d), the Judge may grant DSC even if: Defendant has completed DSC in past 12 months. Request is untimely (but before Final Disposition) REMEMBER If not eligible under Sec. 45.0511, Judge generally MAY also allow DSC as a Condition of (Sec. 45.051)
DSC Fees Mandatory (45.0511(b)) not more than $10, plus Court Costs Discretionary (45.0511(d)) SEF up to amount of fine, plus Court Costs Safety Seats and Seatbelts Violations of 545.412 TC & 545.413(b) TC Specialized DSC w/4 hours of Instruction Encouraging Use of Child Seats and Seatbelts Can take Specialized DSC even if defendant had regular DSC within last 12 months DL record & affidavit are required to include only courses that included specialized DSC 45.0511(u) TC DSC tification Citation must have required notice: You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course. tice = Defendant s right to DSC continues until notice is provided or final disposition occurs
DSC Processing Court enters judgment on plea; Collects costs; Defers imposition of judgment for 90 days During deferral period, Defendant must present: Certificate of Completion of DSC Course Driving Record as maintained by DPS Affidavit of Eligibility DSC Compliance On proof of Completion: Court reports to DPS date of completion of the Driving Safety Course DSC certificates are not uniform in appearance Court Copy (signed by the defendant) Court may dismiss only one charge for each completion DSC Failure to Comply Show Cause Hearing Court notifies Defendant in writing: of failure to comply with terms of time and place of hearing Court requires Defendant to appear Failure to Appear??? could result in final conviction and may be ordered to pay fine
DSC Show Cause Hearing If Defendant Appears Court may allow extension of time to comply Or Court may impose final judgment and report conviction If Defendant Fails to Appear, Court may: Impose final judgment and report conviction for offense; Require immediate payment of outstanding fine and may issue Capias Pro Fine Things to remember Make sure to check your standing orders; every court has different policies and procedures The laws are the same but the process might be different depending on your Court Administrator /Judge. If you have questions about your current process talk to your Judge or Court Administrator Remember if you don t understand the process how will your defendants understand what is being asked of them Thank you! Susan McGilberry / Court Administrator Huntsville Municipal Court 936 291 5905 desk 936 291 5476 main smcgilberry@huntsvilletx.gov
Figure: 37 TAC 15.89(b) http://info.sos.state.tx.us/fids/201003483-1.html Page 1 of 6 10/13/2013 Figure: 37 TAC 15.89(b) Arrest Title Aggravated assault with motor vehicle Driver Responsibility Points Allow passenger to stand/sit improperly on a school bus Bus driver failed to activate warning signal/equipment Bus failed to stop at RR crossing Bus shifting gears while crossing RR tracks Carry motorcycle passenger under 5; except in side car Changed lane when unsafe Child passenger safety seat offense Coasting Coasting (truck, truck tractor or bus, specify) with clutch disengaged Consume alcohol while driving Criminal negligent homicide with motor vehicle--1st or 2nd degree Crossed RR with heavy equipment without notice Crossed RR with heavy equipment without stop (or safety) Crossing fire hose without permission Crossing physical barrier Cut across driveway to make turn Cut corner left turn Cut in after passing Did not use designated lane or direction Disregard solid green turn signal arrow Disregard warning signs or barricades Disregarded flashing red signal (at stop sign, etc.) Disregarded flashing yellow signal Disregarded lane control signal Disregarded no lane change sign Disregarded no passing zone Disregarded police officer Disregarded RR crossing gate or flagman Disregarded signal at RR crossing Disregarded traffic control device Disregarded turn marks at intersection
Figure: 37 TAC 15.89(b) http://info.sos.state.tx.us/fids/201003483-1.html Page 2 of 6 10/13/2013 Disregarded warning sign at construction Drive into block where fire engine stopped Driving around barricades Driving under influence Driving under influence (DUI)--minor Driving under influence of drugs Driving while impaired Driving while intoxicated > 0.16 Driving while intoxicated with child younger than 15 yoa Driving while intoxicated--felony Driving while intoxicated--juvenile Driving while intoxicated--misdemeanor Driving while intoxicated--on beach Driving while intoxicated--probated Driving while intoxicated--under 21 Driving while license disqualified--cmv Driving while license suspended under provisions of DL laws Driving while license suspended--sr Drove center lane (not passing, not turning left) Drove on (or across) streetcar tracks where prohibited Drove on sidewalk Drove on wrong side--rr crossing Drove on wrong side of approaching bridge Drove on wrong side of divided highway Drove on wrong side of road Drove on wrong side road approaching intersection Drove on wrong side road approaching RR grade crossing Drove on wrong side road awaiting access to ferry Drove onto (or from) controlled access highway where prohibited Drove through safety zone Drove to left of rotary traffic island Drove without lights--when required Drove wrong way in designated lane Drove wrong way on one-way roadway Endorsement violation CDL Fail stop proper place-flash red signal
Figure: 37 TAC 15.89(b) http://info.sos.state.tx.us/fids/201003483-1.html Page 3 of 6 10/13/2013 Fail to control speed Fail to dim headlights--following Fail to dim headlights--meeting Fail to drive in single lane Fail to give hand signals when required Fail to give info/render aid Fail to give one-half of roadway Fail to keep to right on mountain road Fail to pass left safely Fail to pass met vehicle to right Fail to pass to right safely Fail to signal for stop Fail to signal required distance before turning Fail to signal turn Fail to signal with turn indicator Fail to sound horn--mountain road Fail to stop--designated point--at stop sign Fail to stop--designated point--at yield sign Fail to stop and render aid--felony Fail to stop and render aid--misdemeanor Fail to stop at marked RR crossing Fail to stop at proper place (at traffic light) Fail to stop at proper place (flashing red signal) Fail to stop at proper place (not at intersection) Fail to stop for approaching train Fail to stop for school bus (or remain stopped, specify) Fail to stop for streetcar--or stop at wrong location Fail to stop--emerging from alley, driveway or bldg. Fail to use due care for pedestrian Fail to use proper headlight beam Fail to yield at stop intersection Fail to yield at yield intersection Fail to yield for blind or incapacitated person Fail to yield right of way Fail to yield right of way from private road Fail to yield row at open intersection (specify type) Fail to yield row leaving (private drive, alley, building) Fail to yield row on green arrow signal Fail to yield row on green signal
Figure: 37 TAC 15.89(b) http://info.sos.state.tx.us/fids/201003483-1.html Page 4 of 6 10/13/2013 Fail to yield row on left at obstruction Fail to yield row to emergency vehicle Fail to yield row to pedestrian at signal intersection Fail to yield row to pedestrian in crosswalk Fail to yield row to pedestrian in crosswalk--no signal Fail to yield row to pedestrian on sidewalk Fail to yield row to pedestrian turning right or left at intersection Fail to yield row--changing lanes Fail to yield row--turning left (at intersection, alley, private road or driveway) Fail to yield row--turning right on red signal Fail to yield to vehicle in intersection Fail to yield to vehicle leaving highway Failed to give way when overtaken Failed to signal lane change Fleeing from police officer Following ambulance Following fire apparatus Following too closely Following too closely--caravan Following too closely--truck Head lamps glaring not adjusted Heavy equipment disregarded signal of train Illegal backing Illegal pass on right Illegally passed streetcar Impeding traffic Improper passing Improper turn Improper turn or stop hand signal Improper use of auxiliary driving lamps Improper use of auxiliary passing lamps Improper use of lighting--hwy. equip. Improper use of spot lamps Improper use of turn indicator Increased speed while being overtaken Interfere with streetcar
Figure: 37 TAC 15.89(b) http://info.sos.state.tx.us/fids/201003483-1.html Page 5 of 6 10/13/2013 Intoxication assault Intoxication assault motor vehicle Intoxication manslaughter Intoxication manslaughter motor vehicle Involuntary manslaughter with motor vehicle Lack of caution on green arrow signal Leaving scene of accident Made U-turn on curve or hill Negligent collision commercial driver license (CDL) double trailer endorsement (CDL) driver license hazmat endorsement (CDL) motorcycle endorsement passenger vehicle endorsement (CDL) tank vehicle endorsement (CDL) school bus endorsement (CDL) Obstructed view through windshield Obstructing traffic Open Container DRIVER Operate school bus over passenger design capacity Operate school bus with door open Operate vehicle more than one passenger-minor Operate vehicle where prohibited Operate vehicle with child in open bed Passed streetcar on left without reducing speed or without caution Passed vehicle stopped for pedestrian Passed--insufficient clearance Passengers/load obstruct driver's view or control Passing authorized emergency vehicle Permitted/operated unsafe vehicle Person(s) riding in trailer or semi-trailer Prohibited motor vehicle on controlled-access highway Racing--drag racing--acceleration contest, etc. Ran red light Ran stop sign Reckless driving Restriction violation--cdl
Figure: 37 TAC 15.89(b) http://info.sos.state.tx.us/fids/201003483-1.html Page 6 of 6 10/13/2013 Slower vehicle failed to keep to right Speed under minimum Speeding Speeding > 10% above posted speed limit Speeding--15 miles or over (CDL) Speeding--school zone Too many riders on motorcycle Turned across dividing section Turned left from wrong lane Turned right from wrong lane Turned right too wide Turned so as to impede or interfere with streetcar Turned when unsafe Unauthorized use of siren, bell or whistle Unsafe speed (too fast for conditions) Unsafe start Unsafe start from parked, stopped or standing position Use of school bus signal for wrong purpose Use wireless device while driving bus Use wireless device while driving--minor Use wireless device in school zone Veh. hauling explosives (or flammable materials) failed to stop at RR crossing Veh. hauling explosives failed to reduce speed at RR crossing Vehicle without required equipment or in unsafe condition Violate DL restriction Violate DL restriction on occupational license Violate operating hours-minor Violated out of service order Violated out-of-service order hazmat and/or passenger Wrong side road--not passing Wrong side, 4 or more lane, two-way roadway