The Attorney General of Texas
February 8, 1982
MARK WHITE
Attorney General
Supreme Court Bullding
Honorable Mike Driscoll opinion No. Mw-441
P. 0. Box 1254S Harris County Attorney
Austin. TX. 78711 1001 Preston, Suite 634 Re: Authority of justice court
512/475-2501 Houston, Texas 77002 to dismiss citations which
Telex 8101874.1367
contain fatal errors
Telecopier 5121475-0266
Dear Mr. Driscoll:
1807 Main SI., suite 1400
Dallas, TX. 75201 You have requested our opinion regarding the authority of a
2141742-8944
justice of the peace to dismiss traffic citations which contain fatal
errors, such as an impossible date or the failure to set a date for
4824 Alberta Ave.. Suite 160 the defendant to appear. We understand your inquiry to refer to
El Paso. TX. 79905 dismissal prior to the filing of the citation.
915!533aw
Although article 45.17 of the Code of Criminal Procedure lists
1220 Dallas Ave., Suite 202
the requisites of a proper complaint, including -the date of the
Houstan, TX. 77002 offense, neither the Code of Criminal Procedure nor any other
713is500686 statutory provision allows for the dismissal of a traffic citation
prior to its filing. Of course, since the Code of Criminal Procedure
applies to any case in justice court "in which a fine .may be
808 Broadway. Sulie 312
Lubbock. TX. 79401
assessed," article 4.15 of the Code of Criminal Procedure, the court
8081747.5238 may grant a motion to set aside the complaint by virtue of a defect
therein. Code Grim. Proc. art. 28.04.
4309 N. Tenth, Suite B
You also ask whether a proceeding under article 6701d. section
McAllen. TX. 78501
51218824547 143A. V.T.C.S., kneed be entered on the docket of the justice of the
peace court. Section 143A provides:
200 Main Plaza. Suite 400 Sec. 143A. (a) When a person is charged
San Antonio, TX. 78205
with a misdemeanor offense under this Act, other
512f225-4191
than a violation of Sections 50, 50A, or 51,
committed while operating a motor vehicle, the
An Equal Opportunity/ court in its discretion may defer proceedings and
Affinnatlve Action Employer allow the person 90 days to present evidence that,
subsequent to the alleged act, he has successfully
completed a defensive driver's course or other
driving safety course approved by the court.
6) When the person complies with the
provisions of Subsection (a) of this section and
the evidence presented is accepted by the court,
p. 1521
- .
Honorable Mike Driscoll - Page 2 @W-441).
the court shall dismiss the charge against him.
When a charge is dismissed under this section, the
charge may not be part of the person's driving
record or used for any purpose.
Article 45.13 of the Code of Criminal Procedure requires each
justice of the peace to "keep a docket in which he shall enter the
proceedings in each trial had before him." Article 45.13 makes no
exception for proceedings under section 143A. It is therefore our
opinion that a justice of the peace is required to enter on his
criminal docket all proceedings pursuant to article 6701d, section
143A, V.T.C.S.
SUMMARY
A justice of the peace is not authorized to
dismiss traffic citations prior to filing, but may
afterward do SO. A justice of the peace is
required to enter on his criminal docket all
proceedings pursuant to article 6701d. section
143A. V.T.C.S.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD .R.GRAY III
Executive Assistant Attorney Cenerai
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Barbara.Lipscomb
Jim Moellinger
Bruce Youngblood
p. 1522