Asked 2/3/2016 – Dallas, TX

I received a speeding ticket in Highland Park, TX. My understanding is that they are not a court of record. The appeal would be processed through Dallas County. I’ve received some conflicting information from one specific attorney (actually, his office staff) that once at Dallas County, I would HAVE to go on the plea docket and my only option is dismissal or deferred, with no opportunity for a de novo trial. No other attorneys I’ve spoken with regarding taking this to trial on an appellate level have mentioned this. Could you please weigh in?

Answer

Highland Park, Texas id NOT a court of record, meaning you have the right to a trial de novo at the county court of appeals level., Most cases are resolved by plea bargain at that level (like most cases every where), but you can have a trial if you wish. I know the Judge in that court, and there is a procedural question if she will grant a jury trial if not jury trial was held at the lower court , but you CAN have a trial. If you do not like what that attorney’s office is telling you, find another attorney.