Citations and Complaints BINDER.pdf - Texas Municipal Courts ...

2. OFFENSE CHARGED
Section 543.003, TTC and Article 14.06(b), TCCP
For speeding charge, citation must state applicable speed limit and
“clocked” speed (Section 543.010, TTC)
“The complaint and the summons or notice to appear on a charge
of speeding under this subtitle must specify: (1) the maximum or
minimum speed limit applicable in the district or at the location,
and (2) the speed at which the defendant is alleged to have
driven.”
3. TIME AND PLACE OF APPEARANCE
Section 543.003, TTC and Article 14.06(b), TCCP
At least 10 days to appear after date of arrest, before a magistrate
having jurisdiction of offense who is in municipality or county in
which offense is alleged to have occurred - Section 543.006(a),
TTC
“The time specified in the notice to appear must be at least 10
days after the date of arrest unless the person arrested demands
an earlier hearing.”
Remember “Mailbox Rule” – Article 45.013, TCCP
“(a) Notwithstanding any other law, for the purposes of this
chapter a document is considered timely filed with the clerk of the
court if
(1) the document is deposited with the United States
Postal Service in a first class postage prepaid envelope
properly addressed to the clerk or before the date the
document is required to be filed with the clerk; and
(2) the clerk receives the document not later than the 10 th
day after the date the document is required to be filed
with the clerk;
(b) A legible postmark affixed by the United States Postal Service
is prima facie evidence of the date the document is deposited with
the United States Postal Service.”
3