• If you plead not guilty, your case will be set for pretrial. You may waive your right to a trial by jury and have the case heard by the court. At your request, the court will subpoena a witness on your behalf, but you must furnish the court with the name, address, and telephone number of each witness prior to trial. You will be required to attend a pre-trial hearing.
• If you refuse to enter a plea, the court will enter a plea of not guilty for you, and your case will be set for a jury trial unless you waive that right.
• If you plead guilty or no contest, the court will find you guilty and assess a fine as punishment. A plea of no contest has the same result as a plea of guilty, but it may not be used against you in any civil proceeding that might arise from the incident leading to your arrest.
• If you are pleading guilty or no contest, you may present any evidence or documents to the court in connection with the offense and you may explain any mitigating circumstances that may affect punishment.
• If you are unsure about how to plead, do not hesitate to enter a plea of not guilty.
• The court may be required to provide you certain notices, and it is your responsibility to notify the court of any change of address.

(NOTE: Payment of the acceptable fine constitutes a finding of guilt in open court as though you had entered a plea of no contest.)

• By Mail:
  If you pay by mail, you must pay by cashier's check or money order, payable to the Smith County Justice Court.
• In Person:
  If you are paying in person, you may pay your fine in cash, by cashier's check or money order.
• On-Line:
  Payment may also be made online through Government Payment Services or by calling Government Payment Services at 1-888-604-7888. The following fees apply when paying through Government Payment Services:

  You will need to know the pay location number of the court when paying online by debit or credit card. Click here for pay location codes and fees for online payments.

• A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:
  • a motor vehicle liability insurance policy;
  • a surety bond filed with the Department of Public Safety;
  • a deposit of cash or securities made with the Comptroller;
  • a deposit of cash or cashier's check made with the County Judge; or
  • self-insurance
• A person commits an offense if the person operates a motor vehicle without an insurance policy or other evidence of financial responsibility. This offense is a misdemeanor punishable by a fine of not less than $175.00 or more than $350.00.
• 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 $350.00 or more than $1,000. 00
• It is a defense to prosecution for this offense that you produce to the court proof of liability insurance or other evidence of financial responsibility that was valid at the time that the offense is alleged to have occurred.
• You are entitled to have a ticket for "no financial responsibility" dismissed if you have an automobile liability insurance policy or other proof of financial responsibility that was valid at the time of the offense.
• After the court verifies the evidence of liability insurance or other proof of financial responsibility, the court shall dismiss the charge.
• A person commits Class B misdemeanor if the person displays or causes or permits to be displayed an insurance document knowing that the document is counterfeit, tampered with, altered, or fictitious.
• A person commits a 3rd degree felony if the person makes or possesses, with the intent to sell, circulate, or pass, a counterfeit insurance document.
• If you are convicted of the offense of "no financial responsibility," and a prior conviction was reported to the Department of Public Safety, the Department will suspend your driver's license and vehicle registration unless you file and maintain evidence of financial responsibility with the Department until the second anniversary of the date of the subsequent conviction.

• Convictions in Traffic Cases
  • If you plead guilty or no contest, or if you are found guilty after trial, you will be assessed a fine as punishment. You will also be responsible for court costs. Full payment of the fine and costs will satisfy your obligations in connection with the charge filed against you.
• Time to Pay the Fine and Costs
  • If you need to make arrangements for more time to pay your fine and court costs, you will need to make that request to the court. If you request to pay over a period of more than thirty (30) days, a $25.00 Time Payment Fee will be assessed. This fee is required by Article 103.033 of the Texas Code of Criminal Procedure.
• Failure to Pay the Fine and Costs
  • Denial of Renewal of Driver's License: If you fail to pay the fine and costs as directed, the court may issue a failure to appear notify the Department of Public Safety to deny the renewal of your driver's license. You will be required to pay an administrative fee of $30 per offense prior to the renewal of your license. This fee is required by Section 706.006 of the Texas Transportation Code.
  • Collection Department: Failure to pay the fine and costs in a timely manner could also result in the offense being referred to the Smith County Collection Dept. for collection of the fines and fees.

• If a warrant is issued, you may avoid arrest by:
  • Posting Bond at the Justict Court: You may post bond at the Justice Court in which your case is filed. Bond may be in the form of a Surety Bond or a Cash Bond. If you are posting a cash bond, you must tender cash in the form of a cashier's check or money order, payable to the Justice Court, in the amount of the bond. A magistrate must consider allowing you a prsonal bond. When you have posted bond, you will be notified of the date and time you are to appear in court.
  • Paying the Fine at the Court: You may pay the acceptable fine either in person at the Justice Court in which your case is filed or by mailing the fine to the Justice Court. Fines may be paid by cashier's check or money order payable to the Justice of the Peace, or in cash. If you pay the fine, no further court appearance is necessary.
• You will remain subject to arrest until you post bond or otherwise dispose of your case. If you are arrested, you will be required to give bond to secure your release from custody and appear in court at a later time to answer for this charge.

• New Trial
  • A motion for new trial must be made within one (1) day after the rendition of the judgment in your case. A motion for new trial cannot be made afterward.
  • 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.
• Appeal
  • An appeal from a judgment of a Smith County Justice Court is heard by a Smith 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.
  • When the appeal bond has been timely filed, all proceedings in the Justice Court will cease.

The Driver Responsibility Program establishes a system that assesses a surcharge based on certain traffic offenses committed on or after September 1, 2003. Points are assigned to moving violations, and are applied to driver based on the type of offense and the time period in which the offense was committed. Points remain on the driver's record for a period of three (3) years. Points are accumulated as follows:

• Two (2) points are assigned for a moving violation conviction in Texas or another state.
• Points will not be assigned for speeding less than 10% over the speed limit or seat belt convictions.
• Failing to secure a child in safety seat system if required is considered a moving violation.
• Three (3) points are assigned for a moving violation conviction in Texas or another state that resulted in an accident.
• The three year time period is calculated from the conviction dates.

• You are charged with speeding 25 or more MPH above the posted speed limit; or
• You are charged with passing a school bus; or
• You are charged with violating a duty to stop and give information; or
• The ofense was committed in a construction or maintenance work zone when workers were present; or
• You hold a commercial driver's license or held one at the time the offense was committed.

• A signed uniform certificate of completion of the driving safety course completion, or verification of completion of the motorcycle operator training course;
• Your official driving record as maintained by the Department of Public Safety to show that no driving safety course or motorcycle operator training course was completed within the 12 month period preceding the date of the offense;
• An Affidavit stating that you were not taking a driving safety course or motorcycle operator training course, as applicable, under Article 45.0511, Texas Code of Criminal Procedure, on the date the request to take the course was made, and that you had not completed such a course that is not shown on your driving record within the 12 months preceding the date of the offense; or if you are a member of the United States military forces serving on active duty who does not have a valid Texas driver's license, an Affidavit stating that you were not taking a driving safety course or motorcycle operator training course, as applicable, in another state on the date the request to take the course was made and had not completed such a course within 12 months before the offense date.

• If you fail to comply with the requirements for a driving safety or motorcycle operator training course dismissal, the court will notify you to appear to show cause why the evidence was not timely submitted to the court. Failure to appear as required in the notice, or failure to show good cause, will result in the imposition of judgment requiring you to pay the fine.
• Failure to appear at this show cause hearing shall constitute an offense punishable by a maximum fine in the amount of $200.00 plus costs of court.

• You are NOT qualified to request a specialized driving safety course :
  • if you hold a commercial driver's license
  • for offenses committed in a construction and maintenance work zone while workers were present.
• On or before the appearance date on you ticket, you must follow the same steps as outlined for the requirements of a Defensive Driving safety course as outlined above, with the exception that you must submit to the court a Specialized Driving Safety Course Request Form

• If you are a member of the United States military forces serving on active duty, you need not to have a Texas driver's license. You must however, submit an Affidavit stating that you were not taking a course in another state, and that you have not completed such a course within the 12 months preceding the date of the offense.
• You must also submit an Affidavit stating that you are an active member of the United States Military.
• You may obtain a copy of your official driving record Online from the Texas Department of Public Safety by submitting an Application for Copy of a Driver Record (DR-1) to the Department of Public Safety