Tyler, TX
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Municipal Court's Frequently Asked Questions
All persons entering the Municipal Courthouse are subject to the following rules:
- The courthouse is a secured environment. All persons and any hand carried items are subject to search.
- Silence all cell phones and pagers. Any device sounding during court is subject to seizure and will not be returned until court is over.
- No food, drink or gum chewing is allowed in the courtroom.
- Concealed handgun permits do not apply to a courthouse.
- There is to be no talking while court is in session.
- Keep your hands in plain sight and not in your pockets or jacket.
- The judge should be addressed as "your honor".
- When addressing the Judge stand a few feet back from the bench, and do not lean on the bench.
- Smoking is prohibited by law in all areas of city buildings.
- Avoid bringing small children to court. If you must, please monitor their behavior so they remain quiet at all times. Parents may be asked to leave the courtroom if their child becomes noisy or unruly.
- If you bring your friends or family to court with you, they are to remain seated while you speak with the judge at the bench.
- However, parents/guardians of juveniles should approach the bench with the child.
- Disrupting the functions of the court and/or the clerk's office may result in additional charges being filed.
It is inappropriate to enter the courtroom unless you are wearing at least a t-shirt, pants (including Bermuda shorts in summer months) and shoes. The Tyler Municipal Court reserves the right to refuse admittance in court to any person it deems is dressed inappropriately.
The following is a list of prohibited clothing:
- t-shirts that carry offensive slogans or pictures
- halter tops
- tube tops
- short skirts
- short shorts (above the knee)
- spaghetti strap shirts
- sleeveless shirts
- flip-flop sandals
- hats and sunglasses
- any other attire which the court's staff or the judge deems to be inappropriate
Read the front and back of the citation. There is important information provided to you on the citation.
Wait 72 hours after receiving your citation before you contact the court. This will ensure that the court has received the citation and has the information entered into our computer system.
Appear before the court no later than 20 calendar days from the date of the citation. You may make this appearance either in writing or in person.
- Telephone calls do not satisfy this requirement.
- Persons under the age of 17 must appear in court. Please see the "Juvenile Offenders" tab for more information.
Only the person whose name appears on the citation (other than a licensed attorney) can enter a plea. You may plead either
- Not Guilty: When you enter this plea, you are stating to the court that you believe you are innocent of the charge, and you wish to have your case placed on the trial docket. You will have a jury trial scheduled unless you waive that right and request a trial before the judge. Judges may not dismiss tickets. In certain circumstances when a dismissal is authorized by law, the judge may dismiss your ticket (see "Citation Dismissal"). If you believe you are not guilty, you should enter that plea and set your case for trial.
- Guilty: Entering this plea means that you are admitting to the offense as charged. You will be required to pay the applicable fine plus all court costs. In certain circumstances, you may qualify for "Deferred Disposition" or Defensive Driving" to help keep the offense of off your record. Juveniles likely qualify for the Municipal Court's "Partner's for Youth" program.
- Nolo Contendre (or No Contest): This plea means that you are "not contesting" the offense. You are not admitting that you committed the offense nor are you denying it either. However, you understand that you will still be responsible for paying the applicable fine plus all court costs. In certain circumstances, you may qualify for "Deferred Disposition" or Defensive Driving" to help keep the offense off of your record. Juveniles likely qualify for the Municipal Court's "Partner's For Youth" program. A "no contest" plea may not be used at a subsequent civil trial as evidence of guilt.
The following offenses are not dismissible:
- No Driver's License
- No Registration
- Improper Display of Registration
- No Inspection Sticker
- Improper Display of Inspection Sticker
Dismissals allowed by statute are:
Failure to Maintain Financial Responsibility (Insurance)
(1) You must provide a copy of a valid insurance policy that was in effect on the date and at the time that you received your citation.
(2) In the alternative, you may present a certificate of self-insurance previously issued to the driver or to the vehicle owner that was valid at the time the offense is alleged to have occurred to have your citation dismissed.
Insurance will be verified by the clerk's office with the issuing insurance company.
Failure to Present Driver License
(1) You must present to the court a valid drivers license issued prior to the date and time of the citation.
Expired Driver License (Tex. Trans. Code 521.026)
(1) You must present the renewed license to the court within twenty (20) calendar days of receiving the citation; and
(2) You must pay a $20.00 administrative fee at the time of your request for dismissal (failure to pay the fee forfeits your right to a dismissal).
Expired Registration (Tex. Trans. Code 502.407)
(1) Within twenty (20) days of the citation, you must present the receipt of registration to the court; and
(2) You must pay a $20.00 administrative fee at the time of your request for dismissal (failure to pay the fee forfeits your right to a dismissal).
All documents presented to the Municipal Court (including insurance and driver's licenses) are verified. Filing a fraudulent document with a court is a felony.
Deferred Disposition is also known as Deferred Probation or Deferred Adjudication.
Online request for Deferred Disposition
Deferred Disposition is a method to have your citation dismissed upon the successful completion of a probationary period --- usually 90 days (for traffic offenses) but sometimes as long as 180 days (for FMFR and Class C misdemeanors) depending upon the type of case.
Even though you plead "guilty" or "no contest", the court does not "find you guilty". Instead, the court defers further proceedings and places you on probation for a period of time with conditions of probation.
Generally, the primary requirement of a deferred disposition is that you do not get another citation while on probation; however, the court may impose additional requirements including but not limited to community service, tobacco or alcohol classes or shoplifting awareness classes.
What happens once my period of probation is over with?
If the court has all information before it to prove that you have successfully complied with all of the terms of the Order of Deferred Disposition, the court dismisses the citation.
If the court has reason to believe that you have failed to comply with the Order of Deferred Disposition, you will have to appear before the Judge to explain (or show-cause) why the offense should not be entered as a conviction.
Eligibility
To be eligible for Deferred Disposition:
- You must make the request for such either in writing or by appearing in person at the Municipal Court within 20 calendar days from the offense date on the citation.
- You must enter a plea of "guilty" or "no contest".
- You must pay the fine in full plus all probation fees within fourteen (14) days of the date you make the request.
You are not eligible for Deferred Disposition:
- If you have a commercial driver's license; or
- Regardless of your type of license, you are accused of speeding 25 miles per hour or more than the posted speed limit.
Defensive Driving is a method to keep a citation off of your driving record. Upon the timely completion of an approved driver's safety course and the return of the Certificate of Completion and a copy of your Driving Record (obtained from the Texas Department of Public Safety) to the court, the court dismisses your citation.
Eligibility
To be eligible for Defensive Driving:
- You must make the request for Defensive Driving either in writing or by appearing in person at the municipal court within 20 calendar days from the offense date on the citation.
- You must enter a plea of "guilty" or "no contest".
- You must pay the court costs plus $10.00 in full at the time you make the request. There are no extensions, or payment plans for this payment.
- You must show proof of valid automobile liability insurance with your name on the policy.
- You must show proof of a current Texas Driver's License.
- You must not have taken a course for ticket dismissal within the 12 months preceding the date of your citation.
You are not eligible for Defensive Driving:
- You are accused of speeding 25 miles per hour or more than the posted speed limit.
- Your violation occurred in a construction zone when workers were present; or
- You have a commercial driver's license.
- You are accused of Fail to stop and give information/render aid; or
- You are accused of Passing a School Bus
Once you determine that you are eligible for Defensive Driving, you must:
- make a timely request to the court for defensive driving (within your appearance date);
- present satisfactory proof all the above requirements (driver's license & insurance); and
- pay the court costs plus all applicable fees in full at the time of your request.
The Court will then sign an order allowing you to complete defensive driving. You have 90 days from the date of the court's order to complete your course and submit all paperwork.
Most courses take a minimum of two days to complete. If you do not complete the course on the date ordered, you will be deemed to have failed the course. If you do not turn in your Defensive Driving Certificate of Completion and your Driving Record to the court by the last day of your probation, you will be deemed to have failed the course. Extensions of time are not granted.
It is advisable to make a copy of the certificate and keep a court file-marked copy for at least three years from the date of your order.
You can locate a Defensive Driving Class online.
- Online Request to take Defensive Driving
- Request your Driving Record online
- Download/print the form to mail in a request for your Driving Record
Failure to Take the Course
Failure to timely take the course or failure to timely return your certificate of completion will result in a $200.00 fine plus court costs and the report of a conviction on your driving record including the assessment of points by the Department of Public Safety.
Window fines have been determined and set by the Presiding Judge consistent with the maximum range established by State law. Only the Judge has the authority to deviate from the pre-set window fine.
The maximum fine for most municipal court traffic violations is $200; other State law violations, including penal code violations may be up to $500. City ordinance violations may be up to $500, and other city ordinance violations can be up to $2,000 including Health and Sanitation Code violations or up to $4,000 for refuse dumping. The amount of fine that the court assesses is determined only by the facts and circumstances of the case. Mitigating circumstances may lower the fine. On the other hand, aggravating circumstances may increase the fine.
In addition to the Court cost, the state sets additional specific amounts to be added to a violation cost depending on the type of offense. These additional amounts may include fees such as state traffic fees, juror reimbursement fee, state judicial support fee, etc.
Additionally, if a citizen does not comply with the timely handling of a citation, there are additional fees that can be added to the total fine, court cost, and fees.
To obtain more information regarding the statutes that govern municipal courts, you me refer to the Texas Code of Criminal Procedure Art. 4.14 and the Texas Gov't Code Sec. 29.003.
If you are paying a parking citation, please search by vehicle. Because parking citations are issued to the vehicle, we generally do not have your name and personal identifiers attached to your case.
If you are unable to locate your case or you have a concern regarding your case, please contact the court for assistance.
The public has access to helpful tools for self-representation, as directed under Texas Senate bill 1911, effective September 1, 2017. The below information is are resources in the event you are representing yourself in a case in the Municipal Court.
Appearance of Juvenile Defendant & Parents
If a defendant is younger than 17 years of age and has not had the disabilities of minority removed, the judge must take the defendant's plea in open court and shall issue a summons to compel the defendant's parent, guardian, or managing conservator to be present during the taking of the defendant's plea all other proceedings relating to the case.
Failure of Juvenile to Pay Fines as Ordered by the Court
A justice or municipal court may not order the confinement of a child for the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only or contempt of another order of a justice or municipal court.
If a child fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court, after providing notice and an opportunity to be heard, may refer the child to the appropriate juvenile court for delinquent conduct for contempt of the justice or municipal court order; or retain jurisdiction of the case, hold the child in contempt of the justice or municipal court, and order either or both of the following that the contemnor pay a fine not to exceed $500; or that the Department of Public Safety suspend the juvenile's driver's license or permit or, if the juvenile does not have a license or permit, to deny the issuance of a license or permit to the child until the child fully complies with the orders of the court.
Partners for Youth
The Tyler Municipal Court has partnered with various agencies throughout the City of Tyler to provide a comprehensive youth services program to juvenile offenders. The program focuses on rehabilitation to prevent repeat offenses.
Expunction of Certain Conviction Records of Children
"Child" means a person who is ten (10) years of age or older and under seventeen (17) years of age. A person convicted of not more than one misdemeanor punishable by fine only other than public intoxication or a violation of a penal ordinance of a political subdivision, while the person was a child may, on or after the person's 17th birthday, apply to the court in which the child was convicted to have the conviction expunged.
The person must make a written request to have the records expunged. The request must be under oath. The request must contain the person's statement that the person was not convicted while the person was a child of any other offense, other than the offense the person seeks to have expunged.
This does not apply to any offense otherwise covered by
- Chapter 106, Alcoholic Beverage Code;
- Chapter 161, Health and Safety Code; or
- Section 25.094, Education Code.
Records of a person under 17 years of age relating to a complaint dismissed as provided by Article 45.051 (Deferred Disposition and Defensive Driving) or 45.052 (Teen Court) may be expunged under this article.
The justice or municipal court may not require a person who requests expungement under this article to pay any fee or court costs.
Failure to Attend School
On a finding by a Municipal Court that an individual has committed an offense under Section 25.094, Education Code, the court has jurisdiction to enter an order that includes one or more of the following provisions requiring that the individual:
- attend school without unexcused absences;
- attend a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, if the court determines that the individual is too old to do well in a formal classroom environment; or
- if the individual is at least 16 years of age, take the high school equivalency examination administered under Section 7.111, Education Code;
- attend a special program that the court determines to be in the best interest of the individual, including an alcohol and drug abuse program, a rehabilitation program, a counseling program, including self-improvement counseling, a program that provides training in self-esteem and leadership, a work and job skills training program, a program that provides training in parenting, including parental responsibility, a program that provides training in manners, a program that provides training in violence avoidance, a program that provides sensitivity training, and a program that provides training in advocacy and mentoring.
The Court may also require the individual and the individual's parent attend a class for students at risk of dropping out of school.
The Court may require the individual complete reasonable community service requirements, or for the total number of hours ordered by the court, the individual participate in a tutorial program covering the academic subjects in which the student is enrolled provided by the school the individual attends.
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Smith County Texas website
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Federal Information: (800) 366-2998
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Texas Department Public Safety www.DPS.Texas.org or (512) 424-2600
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To schedule an appointment for driver license services, please visit Texas Department of Public Safety.
