Asked 8/22/17 – San Angelo, TX I was arrested 11/6/00 My first indictment paper ...
Grant St. Julian, III
Traffic Ticket Attorney in Dallas TX
A Trusted Criminal Defense Lawyer and Top Traffic Ticket Attorney in Dallas, TX.
HABLAMOS ESPANOL!
Traffic tickets, DWI/DUI, Personal Injury, License Suspensions, Expunctions, Probation Violations, Felonies, and misdemeanors.
PRIMARY FOCUS
Criminal Law
OUR AREAS OF EXPERTISE
Our Other Areas Of Practice Include: Auto accidents, immigration, personal injury, domestic violence, wills, and probate.
Grant St. Julian, III
Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.
Grant has over 29 years of experience with a wide variety of legal issues and is personally involved with each client. Need help with a criminal case? Have some traffic tickets you haven’t taken care of? The best and fastest way to get the help you need is to pick up the phone and speak to Grant directly. If it is after hours, please send us a message and tell us about your situation. Don’t risk your freedom, your finances, or your future.
HABLAMOS ESPANOL Necesita ayuda con un caso criminal? Talvez un DWI? O quisas simplemente una infraccion de transito?
Llamenos, nosotros le podemos ayudar.
TRAFFIC TICKETS
If you have recently received a citation, somewhere near your signature line will list the court where your ticket will be pending and your appearance date. If you fail to appear in court prior to your appearance date, a warrant will be issued for arrest. If you received a citation recently call an attorney right away!
ABOUT YOUR TICKET
If you have recently received a citation, somewhere near your signature line will list the court where your ticket will be pending and your appearance date. An appearance date is the deadline date when you have to notify the court of whether you wish to:
CONTEST THE TICKET and PLEAD NOT GUILTY*
or
PLEAD GUILTY or NO CONTEST AND
PAY THE CITATION*
Pleading not guilty provides an opportunity to have a trial or, at the very least, to negotiate with the State to keep this matter from appearing as a conviction on your driving record.
Paying the citation causes a guilty finding and the matter will be reported to the DPS as a conviction.
*(please note that a phone call does not constitute an appearance;
you must either notify the court in writing that you wish to plead not guilty or mail your plea of guilty along with the payment to the court or personally appear in court to pay or plead not guilty before your deadline).
If you fail to or appear in court prior to your appearance date, a warrant will be issued for arrest. This warrant can be recalled if a bond is posted which most attorneys can do on your behalf.
Posting a bond will allow a new court date to be set and basically the process begins again.
Bonds cannot be posted, however, on cases where a guilty or no contest have been entered and requests for community service or payment plans have been made or if you have already appeared in court and a final finding of guilty has been entered.
If you have more than one citation or if has been a while since you have received your citation and you don’t remember exactly what the status of the matter is, it is possible to make a search of what may be pending against you
The major obstacle in performing a search is the fact here is not one court or place to determine all pending citations. Calling the City of Dallas will not give information about a case pending in the Justice of Peace Courts or in any other municipality, so if you can find a copy of your citation, it is a great help
Otherwise, the following information is required to look up pending cases
- Your full legal name as it appears on your driver’s license
- Your date of birth
- Your driver’s license or ID number
- The last 4 digits of your Social Security Number
- The zip code of the adress on your driver’s license on file with the DPS
Once a search is performed, it can be determined what type of legal services can be performed.
TRAFFIC LAWS
We have listed some of the most common sections of the Transportation Code and the Rules of the Road police use to issue traffic tickets below for your convenience.
MAXIMUM SPEED REQUIREMENT
Sec. 545.351.
MAXIMUM SPEED REQUIREMENT
(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
PRIMA FACIE SPEED LIMITS
Sec. 545.352.
PRIMA FACIE SPEED LIMITS.
(a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.
STOP SIGNS AND YIELD SIGNS
Sec. 544.010.
STOP SIGNS AND YIELD SIGNS.
(a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).
(b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).
(c) An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.
PASSING AUTHORIZED EMERGENCY VEHICLE
Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE.
(a) On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:
(1) vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or
(2) slow to a speed not to exceed:
(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or
(B) five miles per hour when the posted speed limit is less than 25 miles per hour.
FAILURE TO DISPLAY INSPECTION CERTIFICATE
Sec. 548.602.
FAILURE TO DISPLAY INSPECTION CERTIFICATE.
(a) After the fifth day after the date of expiration of the period designated for inspection, a person may not operate:
(1) a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed on the vehicle
DISMISSAL OF CHARGE; ADMINISTRATIVE FEE.
Sec. 548.605.
DISMISSAL OF CHARGE; ADMINISTRATIVE FEE.
(a) In this section, “working day” means any day other than a Saturday, a Sunday, or a holiday on which county offices are closed.
(b) The court shall:
(1) dismiss a charge of driving with an expired inspection certificate if:
(A) the defendant remedies the defect within 20 working days or before the defendant’s first court appearance date, whichever is later; and
(B) the inspection certificate has not been expired for more than 60 days
REQUIREMENT OF FINANCIAL RESPONSIBILITY
Sec. 601.051.
REQUIREMENT OF FINANCIAL RESPONSIBILITY.
A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:
(1) a motor vehicle liability insurance policy that complies with Subchapter D
ARREST WITHOUT WARRANT AUTHORIZED
Sec. 543.001.
ARREST WITHOUT WARRANT AUTHORIZED.
Any peace officer may arrest without warrant a person found committing a violation of this subtitle.
OPERATION OF MOTOR VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT; OFFENSE.
Sec. 601.191.
OPERATION OF MOTOR VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT; OFFENSE.
(a) A person commits an offense if the person operates a motor vehicle in violation of Section 601.051.
(b) Except as provided by Subsections (c) and (d), an offense under this section is a misdemeanor punishable by a fine of not less than $175 or more than $350.
(c) If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000.
Driving While Intoxicated
Under the Texas Penal Code, a 1st time Driving While Intoxicated charge is a Class B misdemeanor, punishable by up to180 days in jail, a $2,000 fine and/or a maximum probationary period of 24 months. Therefore, it 's very important to contact an attorney as quickly as possible after a DWI arrest.
DWI LAWS
Under the Texas Penal Code, a 1st time Driving While Intoxicated charge is a Class B misdemeanor, punishable by up to 180 days in jail, a $2,000 fine and/or a maximum probationary period of 24 months. A 2nd DWI is a Class A misdemeanor, punishable by up to 1 year in jail, a $4,000 fine and up to 2 years probation. A 3rd or more DWI is a 3rd degree felony, punishable by up to 10 years in the Texas Department of Corrections (prison), a $10,000 fine and/or up to 10 years probation. A conviction for DWI will also cause a possible driver’s license suspension and a subsequent $1,500 per year surcharge to be assessed against your driver’s license by the Texas Department of Public safety (DPS) for 3 years after the conviction date.
Also, immediately when a person is arrested for DWI, a separate driver’s license suspension is begun by the DPS. This is done in a different court and proceeding than any DWI , and it is possible to delay or avoid the initial license suspension, but a request for hearing must be made within 15 days from the date of the DWI arrest. Therefore, it very important to contact an attorney as quickly as possible after a DWI arrest.
“If I am stopped for DWI, can I refuse the test?”
Your obligation upon being stopped by an officer is to provide proper ID and insurance (if requested). A person has the right to terminate any interview or questioning by the police at any time. You may respectfully inform the officer that you do not wish to speak with him without having an attorney present. If an officer requests you to perform certain field sobriety tests or to provide a specimen of your breath or blood, you may respectfully decline. You still will probably be arrested and charged and the license suspension proceedings will begin, but remember that when an officer is making these requests, he is making video and audio recordings of you to obtain evidence to be used against you in court. Texas law has also changed where the officer, if a Judge can be found to obtain a search warrant, can have an order for a mandatory blood sample to be taken. If this happens, do not struggle, but allow the sample to be taken. A portion of the sample will be preserved and you will have the opportunity to have someone of your choosing to analyze the sample.
DRIVER'S LICENSE SUSPENSIONS
The Texas Deparment of Public Safety has the authority to suspend a driver’s license for several different reasons.
License Suspensions
The Department will sent a notice of their intent to suspend a driver’s license to address which is on their records; this is why it is a DPS requirement to update your address with them within 30 days of changing your address (otherwise, you may be driving around and get arrested for Driving While License Invalid without even knowing about the problem with your license). The notice of suspension will generally provide that it is possible to request a hearing on whether or not to suspend your license. Therefore, it is possible to avoid a license suspension but it is imperative that you contact an attorney immediately upon receipt of the notice of suspension (the time to request a hearing is usually 15-20 days from the date the notice is mailed to you).
Occupational License
An occupational license is available for a person whose standard Texas driver’s license is suspended or invalid for some reason. Some of the reasons for such a suspension include:
- Accumulation of too many points on your driving record for traffic convictions
- Outstanding traffic warrants
- OMNI fees
- Surcharges for certain orther traffic convictions
- Convictions for drug related criminal offenses
- DWI convictions
- Civil judgments for motor vehicle accidents
- And several other reasons
An occupational license will allow the holder to drive up to 12 hours in a given 24-hour period in the course and scope of their employment, and to drive for other essential household needs. This is a petition that must be filed with the courts. There is also a filing fee with the court and a separate filing fee with the Department of Public Safety, but the cost of the occupational license can be far less than some of the fees which are holding up one’s regular license, depending on the specific situation. Please remember that if you are caught driving while your license is suspended or invalid, you could be charged with a Class B misdemeanor which is punishable by up to 180 days in jail and up to a $2,000 fine.
It cannot hurt to know all of your options, so if you have an issue with your driver’s license, it doesn’t cost anything to call us and let us see what we can do.
CRIMINAL DEFENSE
If you have been arrested on a criminal charge and been released bond, you may or may not have received a date to appear in court. If you have not received your date date, don’t panic.
Probation Violations
It may take some time for the police department who arrested you to transfer your file to the District Attorney, who then must file papers with the appropriate court who will then set the case on the court docket. The court will notify the bondsman who obtained your release of your court date (which is why your bond company will tell you to contact them every week). It is suggested that you contact an attorney as soon as you are released, since in certain cases, you may be able to submit evidence to the District Attorney to prevent a case from ever being filed.
Once you have your first court setting, please note that your case does not have to be finalized at that time. It may take several weeks to produce and examine the evidence in your case before you can make an informed decision on how to proceed so it is not unusual to reset a case several times before it is finalized. If you do not have the money to hire an attorney, you nust appear in court on your setting to request a court appointed attorney or to request a resetting of your case to hire your own attorney. You must continue to appear in court at each setting, even if you have hired an attorney, unless the Judge waives your appearance. At some point, you will have to make the determination of whether to accept any plea bargain offer made by the DA or to take your case to trial. Your full range of options and possible consequences is something your attorney will provide.
CLEARING YOUR RECORD
If you have been charged with a criminal case, court records will reflect your name upon a criminal background search, even if your case has been dismissed.
Clearing Your Record
To remove your name from court records, you must file a certition petition with the court, depending on how the case in question was disposed of. If you were arrested but the case was never filed by the District Attorney, or if the case was filed but was no-billed by a grand jury (felony cases), or if after the case was filed, the case was dismissed by the District Attorney, you are entitled to file a petition for expunction. This petition requests the court to order all courts and law enforcement agencies to remove and destroy all records with respect to the incident in question, which will be done if the court grants the petition. A petition for expunction normally cannot be filed until after the statute of limitations has run for the offense. The statute of limitations varies for the type of offense, so you will have to contact your attorney to determine if you are eligible to file for an expunction. The one instance where you do not have to wait for the statute of limitations to expire before filing an petition for expunction is if a trial is held on your case and you are found not guilty; a petition for expunction may be filed immediately upon a “not guilty” verdict.
You may be able to have your records sealed if your case was dismissed after successful completion of some type of probation. This is done by filing a petition of non-disclosure. If this petition is granted, law enforcement and certain government agencies can keep records of your case, but your name is removed from court records and general background searches. You must wait 5 years from the date your probation ends and your case is dismissed on felony cases before a petition for non disclosure can be filed; with respect to misdemeanor cases, some require a 2-year waiting period, other cases can be filed immediately upon dismissal.
Please note that there are different types of probation and non-disclosure is not available for all probation cases. If you have been found guilty, even if you are granted probation, that conviction is final and permanent. There are also certain types of offenses which are not eligible for non-disclosure. An attorney will be able to tell you if you eligible for this type of relief.
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Grant St. Julian III, Attorney At Law
3500 Oak Lawn Ave # 110
Dallas, TX 75219
(214) 528-6220
Copyright 2024 Grant St Julian III, all rights reserved.