Can Commercial Drivers Get Deffered Adjudication By Appealing Case Out Of Lower Courts?

Last Updated on June 17, 2025 by Beltz Law Group

Commercial Driver Tickets in Texas: Can CDL Holders Get Deferred Adjudication on Appeal?

The Beltz Law Group Explains Your Options: 214-321-4105

For commercial drivers (CDL holders) in Texas, a traffic ticket can jeopardize their livelihood. Understanding the legal options, especially regarding deferred adjudication, is crucial. This article aims to clarify the current state of the law for both commercial drivers and legal professionals, particularly concerning appeals from lower courts to county courts at law.

If you are a commercial driver facing a speeding ticket or any other moving violation, it’s vital to seek sound legal advice on your options. Contact The Beltz Law Group today at 214-321-4105.

The Challenge of Deferred Adjudication for CDL Holders

In Texas, deferred adjudication is a common way for regular drivers to keep a traffic ticket off their driving record. It allows a defendant to pay a fine and complete a probationary period (without a conviction being entered), after which the case is dismissed. This is highly desirable as it prevents points from being added to a driving record and avoids potential insurance rate increases.

However, for CDL holders, the rules are much stricter due to federal regulations and state laws designed to ensure road safety. For years, there was some ambiguity in Texas courts regarding whether commercial drivers could receive deferred adjudication, especially when appealing a ticket from a municipal or justice court to a county court at law.

Appeals to County Court: A “Trial De Novo”

When a traffic ticket from a municipal or justice court (often referred to as “lower courts” or “courts of non-record”) is appealed to a county court at law in Texas, it’s not a traditional appeal for judicial review. Instead, it’s considered a “trial de novo.”

What does “trial de novo” mean? It means the case essentially starts fresh in the county court. All evidence is presented again as if the initial trial never happened. The county court does not review the lower court’s decision for errors; it conducts a completely new trial. The primary purpose of appealing to a county court in this context is to create a formal record that can then be appealed to a higher court if necessary.

Because the county court is not acting as a true appellate court reviewing the lower court’s actions, the legal statutes that apply to municipal and justice courts (specifically Chapter 45A of the Code of Criminal Procedure regarding justice and municipal courts) are generally understood to still apply in the county court for these appealed cases.

The Amarillo Opinion: A Key Clarification

In 2016, a significant ruling from the 7th Court of Appeals in Amarillo, In re State of Texas (No. 07-16-00052-CR), clarified the authority of county courts regarding deferred adjudication for CDL holders.

The Issue: The core question was whether a county court-at-law judge had the authority to grant deferred adjudication to a CDL driver for a traffic offense that originated in a lower court.

The Holding: The Court unequivocally ruled No. The opinion stated that when a case is appealed from a justice of the peace or municipal court, the county court-at-law judge is limited in the same manner as the lower court judges. This means they cannot offer deferred adjudication for traffic law violations (other than parking violations) to individuals who hold or held a commercial driver’s license at the time of the offense.

The basis for this ruling lies in Code of Criminal Procedure Article 42.111, which references the provisions for deferred disposition now found in Articles 45A.301, 45A.302, and 45A.303. These articles (formerly Article 45.051) specifically state that their provisions for deferred disposition do not apply to certain offenses committed by CDL holders. The Amarillo opinion essentially confirmed that this limitation carries over to the county court when handling these appealed cases as trials de novo.

This ruling significantly reduced the ability of CDL holders to obtain deferred adjudication for moving violations by appealing their cases.

A Potential Loophole? “Non-Motor Vehicle Control” Offenses

While the Amarillo opinion broadly restricts deferred adjudication for CDL holders for “violations of traffic laws,” some defense attorneys argue there’s a nuanced interpretation based on Article 45A.301(2) (formerly Article 45.051(f)(2)) of the Code of Criminal Procedure.

This article states that the subchapter on deferred disposition (including 45A.302) does not apply to:

1. An offense to which Section 542.404, Transportation Code, applies; or
2. A violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who holds or held a commercial driver’s license.

The key phrase here is “relating to motor vehicle control.” Defense attorneys may argue that certain offenses, while still violations, do not directly relate to “motor vehicle control” in the same way a speeding or lane violation does. These might include offenses that are not typically considered “moving violations.”

For a list of offenses generally considered “moving violations” in Texas, you can refer to relevant state resources or consult with a qualified attorney.

The argument then becomes: if an offense is not a “moving violation” and does not directly relate to “motor vehicle control,” it might still be eligible for deferred adjudication, even for a CDL holder. While there isn’t a definitive appellate opinion specifically on this interpretation, some prosecutors in various counties have shown willingness to agree with this distinction when presented with the statutory language of Article 45A.301(2).

The Best Strategy for CDL Ticket Defense

Given the stricter environment for CDL holders seeking deferred adjudication, a “brick and mortar” approach to defense is often the most effective:

1. Fight in the Lower Court First: Don’t assume an appeal is your only or best option. Aggressively defend your case in the municipal or justice court. This might involve negotiating with the prosecutor, challenging the evidence, or even taking the case to trial.
2. Appeal if Necessary: If a favorable outcome isn’t achieved in the lower court, appealing to the county court at law for a trial de novo allows you another opportunity to present your case from scratch. This gives you a fresh start with a new judge and potentially a different prosecutor.
3. Explore All Options: Work with your attorney to explore every legal avenue, including the nuanced arguments regarding “non-motor vehicle control” offenses where applicable under Article 45A.301(2).
4. Commitment is Key: Defending a CDL ticket can be a challenging and potentially lengthy process. It requires a strong commitment from both the attorney and the client, including the necessary financial resources to pursue all available options.

While the Amarillo opinion has made securing deferred adjudication for CDL holders more difficult, it hasn’t eliminated all possibilities. The commitment of your legal team to fight relentlessly, combined with your willingness to pursue the case diligently, remains paramount in protecting your commercial driving privileges.

If you’re a commercial driver facing a traffic ticket, don’t leave your livelihood to chance. Contact The Beltz Law Group for experienced legal representation and a clear understanding of your options.