Municipal Court Procedures
After a Finding of Guilt
If you plead guilty or no contest, or are found guilty by a judge, you should be prepared to pay your fine and costs in full. If you are unable to pay in full, you should be prepared to document and explain your financial situation.
How to Enter a Plea of Not Guilty
- You may appear in person or you may appear by mail by completing the plea form on this website under forms.
- The plea form must be received before your appearance date on your citation.
- If you choose to appear by mail you must include a self addressed envelope.
Please Note: Persons entering a plea of not guilty are not eligible for Defensive Driving or Deferred Disposition.
After a Plea of Not Guilty
The Court will place your case on a Pretrial Docket where the following may occur:
- You may waive a jury trial and request a Court Trial.
- You may file motions.
- You may speak with the prosecutor if you choose to do so.
- You may be required to post a bond to ensure your appearance at trial.
- You may choose to have your trial recorded and pay a $25 fee.
- You may be scheduled for a Jury Trial or Court Trial date.
- You may no longer be eligible for a driver safety course or deferred disposition if your case is set for a Jury Trial or Court Trial.
- The request must be in person, by counsel, by certified mail or by Email. (If under 17, you must appear in open court with a parent or guardian to make the request.)
Fines, Fees and Costs
The amount of the fines assessed by the court is determined by the facts and circumstances in the case.
Courts are required by laws of the State of Texas to collect court costs and fees.
Maximum fines allowed:
- Most Traffic Violations = $200 + court costs + fees
- State Law = $500 + court costs + fees
- Most City Ordinances = $500 + court costs + fees
- Fire Safety Ordinances = $2,000 + court costs + fees
- Health & Sanitation Ordinances = $2,000 + court costs + fees
- Zoning Ordinances = $2,000 + court costs + fees
Examples of additional cost:
- Peace Officer Overtime – Actual cost
- Jury Fee – $3
- Warrant Fee – $50
- OMNI Fee – $30
- Collection Agency Fee – 30% of total
- Time Payment Fee – $25
- Parental Summons Fee – $35
Fair and Impartial Justice
The Municipal Judge is responsible for conducting a fair, impartial, and public trial. The case against you is brought by the State of Texas through the prosecutor, not the court. The Judge may not dismiss a case without the prosecutor having the right to try the case. The only exceptions are: Compliance Dismissals, Driver Safety Courses and Deferred Disposition.
Compliance Dismissals
With $10 fee:
- Unclean License Plate
- No License Plate or Only One LP
- Violate Driver License Restrictions
- Defective Equipment
- Fail to Display Driver License
- Expired Vessel Certificate
With $20 fee:
- Expired Registration
- Expired Driver License
- Fail to Report Change of Address
- Expired Handicap Placard
Driving Safety Course
- If you are charged with a traffic offense, you may be eligible to ask the judge to take a driving safety course to dismiss the charge.
- The request must be made on or before the appearance date on the citation.
- The request must be in person, by counsel, by certified mail or by Email. (If under 17, you must appear in open court with a parent or guardian to make the request.)
- If you were operating a motorcycle, you may be required to take a motorcycle operator’s training course.
Driving Safety Eligibility
- Cannot have taken a driving safety course or motorcycle operator’s course for a traffic offense within the last 12 months from the date of the offense.
- Cannot currently be taking the course for another traffic violation.
- Cannot be the holder of a commercial driver’s license (CDL) or have held a CDL at the time of the offense.
Driving Safety Exclusions
You are not eligible for a Driving Safety Course for the following serious traffic offenses:
- Failure to Give Information at Accident Scene
- Leaving Scene of Accident
- Passing a School Bus
- Offense in a Construction Zone/Workers Present
- Speeding 25 mph or More Over the Speed Limit
- Speeding 95 mph or More Regardless of Speed Limit
Driving Safety Requirements
- You must plead guilty or no contest.
- Pay court costs of $109.10/ For Speeding in a School Zone pay $134.10.
- Present proof of financial responsibility (insurance) with your name on it.
- Present a valid Texas driver’s license or permit.
- Present valid driver’s license from any state if active military, spouse or dependent child of active military.
Driving Safety Dismissal
The case will be deferred for 90 days. During that time you must:
- Complete a driving safety course approved by the Texas Education Agency (http://www.dshs.state.tx.us/offendered/default.shtm) or a motorcycle operators course approved by TXDPS and present a certificate of completion to the court; along with:
- A certified copy of your driving record from TXDPS that shows that you have not completed a driving safety course within the preceding 12 months from the date of the current offense; and
- Swear to an affidavit that you were not taking a driving safety course at the time of the request for the current offense and that you have not taken one that is not shown on your driving record.
Failure to Comply with Requirements
If you do not present the required documents in time, the court will notify you to return to the court and explain why you failed. The judge may, but is not required to, allow you to file the proper papers for an extension at that time. Your failure to be present at that hearing will result in a conviction, a fine being assessed, and a capias pro fine warrant for your arrest being issued.
Deferred Disposition
- The judge may, at the judge’s sole discretion, defer disposition on most cases.
- The holder of a commercial driver’s license is not eligible for deferred disposition on moving traffic violations.
- Costs must be paid when the court grants deferred.
- Receive no additional citations for the term of the deferred.
- If you complete the required terms, the case is dismissed, and the court will impose a special expense fee not to exceed the maximum fine amount authorized by state law.
- The deferred period cannot exceed 180 days.
- The request must be in person, by counsel, by certified mail or by Email. (If under 17, you must appear in open court with a parent or guardian to make the request.
ITALY MUNICIPAL COURT- Indigent