Asked 8/17/2016 – Austin, TX

got stopped by officer for passing in the center lane even though Texas Vehicle code authorizes it as long as there are no control devices prohibiting, also was charged with failing to abide a turn sign even though there weren’t any and a third charge for unsafe lane change even though I used my turn signal, looked over my shoulder and waited until safe to change lanes. No jail time just cost as fine but if the possibility of losing my driver’s license in a judgment, and I am single and 100% permanently and totally disabled it would have the same effect as home confinement by removing my ability to travel freely. Under these circumstances would I be eligible for a court appointed attorney to represent me in an adversarial proceeding that has as a prosecutor an attorney for the State whom I am at a great disadvantage in defending myself?

Answer

No, you are not entitled to a court appointed attorney with respect to class c misdemeanor cases. Since the punishment in these cases is by fine only, you are not in danger of losing your liberty (jail) if you are found guilty. Therefore, there is no constitutional right to counsel in traffic ticket cases. Call around to local attorney, however. It may not cost you as much as you think.