By: Beltz Law Firm
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Why Do Lawyers Enter Into Deferred Adjudication Agreements For Traffic Tickets In Texas?
Grand Prairie Traffic Ticket Attorney
One of the most common method a lawyer uses to dismiss a traffic ticket is to enter into an agreement with the prosecutor for Grand Prairie Municipal Court whereby the case is “deferred.” Many people do not truly understand what that means and how the case is actually dismissed as a result of this agreement. This article is intended to help those that have been granted deferred adjudication understand how and why the case is not reported on their permanent record. If you would like to discuss your traffic ticket in Grand Prairie, Texas after reading this article, feel free to contact our office at 214-321-4105.
What Does Deferred Adjudication Mean?
Deferred adjudication essentially means that your Grand Prairie traffic ticket attorney has entered into an agreement that requires you as the defendant not to receive any new traffic violations for a period that ranges from 90 to 180 days. Further, a deferral fee must be paid as a condition of the agreement. In some cases, based on the age of the defendant, a driver’s safety course may have to be taken as well. In exchange for a defendant’s willingness to adhere to these basic conditions, at the end of the deferral period the case will be dismissed as if it never happened. That means that it cannot be reported to The Department Of Public Safety. This is important because the record, once reported to DPS is what is used to suspend your driving privileges, increase insurance rates and assess surcharge penalties against drivers in Texas. If you can avoid having the traffic ticket in Grand Prairie reported, you have won a small financial battle with your insurance company. You have kept your record from being used against you to suspend your driver license as well.
The Law Requiring Courts Not To Report Deferred Adjudication Agreements
The law clearly outlines that courts are not to report deferred adjudication agreements in the following way:
Sec. 543.204. SUBMISSION OF RECORD PROHIBITED. (a) A justice of the peace or municipal judge who defers further proceedings, suspends all or part of the imposition of the fine, and places a defendant on probation under Article 45.051, Code of Criminal Procedure, or a county court judge who follows that procedure under Article 42.11, Code of Criminal Procedure, may not submit a written record to the department, except that if the justice or judge subsequently adjudicates the defendant’s guilt, the justice or judge shall submit the record not later than the seventh day after the date on which the justice or judge adjudicates guilt.
(b) The department may not keep a record for which submission is prohibited by this section.
(c) The department may receive a record prepared by a department employee from court records.
This is a powerful tool that Grand Prairie traffic ticket lawyers use to protect their clients and save them money. The name of the game is not necessarily saving them money at the court house steps. Although this is usually a component of any agreement. The main savings is on the back end by avoiding the conviction. If you would like to discuss your Grand Prairie traffic tickets with a legal professional today, contact us at 214-321-4105