Texas Traffic Ticket Checklist

Step-by-step checklist for challenging traffic citations using constitutional framework

Overall Progress
0%

0 of 15 required steps completed

Days Since Citation
0

Set citation date below

Estimated Cost
$145

Total if all steps completed

Citation Information
Enter your citation date to track deadlines and progress

Phase 1: Immediate Actions (Days 0-3)

0/2 completed
Day 0
$0

Photograph or scan the citation. Make multiple copies. Note officer's name, badge number, date, time, and location.

Days 1-3
$0

Review Article XVI, § 1 (oath requirement) and Tex. Gov't Code § 602.002.

Phase 2: Public Records Requests (Days 4-14)

0/3 completed
Days 4-7
$8

Send certified mail request to county clerk for officer's oath of office. Tex. Gov't Code § 552.221 requires response within 10 business days.

Required Documents:

  • Public Records Request - Oath of Office
Days 4-7
$8

Send certified mail request to law enforcement agency for officer's surety bond.

Required Documents:

  • Public Records Request - Surety Bond
Days 5-10
$0

Use USPS tracking to confirm delivery. Agencies must respond within 10 business days.

Phase 3: Analyze Compliance (Days 8-14)

0/2 completed
Days 8-14
$0

Carefully review responses. Look for: oath date, notarization, filing date, bond amount, surety company.

Days 8-14
$0

Use Prerequisites Verification Checklist to determine if officer met all requirements before issuing citation.

Required Documents:

  • Prerequisites Verification Checklist

Phase 4: File Motion to Dismiss (Days 15-30)

0/4 completed
Days 15-21
$0

Use template to draft motion arguing citation is void ab initio. Attach public records responses as exhibits.

Required Documents:

  • Motion to Dismiss (Void Ab Initio)
Days 15-21
$20

Prepare sworn affidavit detailing your public records requests and findings. Have affidavit notarized.

Required Documents:

  • Affidavit Challenging Prerequisites
Days 15-30
$85

File original motion + 3 copies with clerk of court. Pay filing fee. Obtain file-stamped copy. Request hearing date.

Days 15-30
$8

Serve copy of motion on city/county attorney via certified mail within 3 days of filing.

Phase 5: Prepare for Hearing (Days 30-60)

0/3 completed
Days 30-45
$0

Prepare for hearing using Oral Argument Outline. Practice presenting constitutional arguments professionally.

Required Documents:

  • Oral Argument Outline
Days 30-45
$10

Prepare exhibit binder with: citation, public records requests, agency responses, motion to dismiss, affidavit.

Days 30-60
$0

Appear at scheduled hearing. Present constitutional arguments. Respond to prosecution's opposition. Be professional.

Phase 6: Post-Hearing Actions (Days 30-90)

0/3 completed
Days 30-90
$0

Court may rule from bench or take matter under advisement. Expect written ruling within 10-30 days if under advisement.

Days 30-90
$5-10

Request certified copy of dismissal order from clerk. Keep for your records.

Days 30-90
$250

File notice of appeal within 30 days. Serve prosecution. Pay appeal filing fee ($250).

Required Documents:

  • Notice of Appeal