Information about Traffic Cases

New Trial and Appeal for Traffic Cases

New Trial

A motion for new trial must be made within five (5) days after the rendition of the judgment in your case. A motion for new trial cannot be made afterward. Tex. Code Crim. Proc. art. 45.037

The judge has ten (10) days after the date the judgment was entered within which to grant a new trial. If a motion for new trial is not granted before the eleventh (11th) day after the date the judgment was entered, the motion for new trial is considered denied. Tex. Code Crim. Proc. art. 45.038

Appeal

An appeal from a judgment of a Harris County Justice Court is heard by a Harris County Criminal Court at Law.

Should you wish to appeal the decision in your case, you must file an Appeal Bond in the amount of two (2) times the amount of the fine and costs. The bond is filed with the Justice Court in which your case was filed, and must be filed not later than the tenth (10th) day after the date the judgment was entered. Tex. Code Crim. Proc. art. 45.0425

When the appeal bond has been timely filed, all proceedings in the Justice Court will cease.

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General Information

This information is furnished to you to provide basic information relative to the law governing procedures for traffic cases in the Harris County Justice Courts.

The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.

You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself.

Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.