Asked 4/11/2016 – Burleson, TX

statute states that it is policy to “Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.

Answer

Please see Texas Code of Criminal Procedure Sectiojnh45.015 – “Whenever by the provisions of this title, the peace officer is authorized to retain a defendant in custody, the peace officer may place the defendant in jail…”. Section 45 of the Code of Criminal Procedure deals with Municipal and Justice of the Peace courts, which have jurisdiction over class c misdemeanors (traffic tickets).