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Part 1: Transportation Code
1. How is the Transportation Code organized?
It is divided into titles, subtitles, chapters, subchapters, and sections.
2. Most traffic law matters handled by municipal court are located in which title of the Transportation Code?
Title 7.
3. In which subtitle do you find rules on license plates?
Subtitle A, Chapter 504.
4. In which subtitle do you find rules on driver’s licenses?
Subtitle B, Chapters 521 and 522.
5. In which chapter of Subtitle C do you find rules on arrest and prosecution of traffic violators?
Chapter 543.
6. In which chapter of Subtitle C do you find the requirements of reporting traffic convictions?
Chapter 543.
7. Which chapter in Subtitle C regulates bicycles?
Chapter 551.
8. What are the Rules of the Road?
Offenses in Subtitle C of Title 7 of the Transportation Code, Chapters 541-600.
9. Where are the moving violations defined?
Title 37, Section 15.89 of the Texas Administrative Code.
10. In which subtitle do you find rules on maintaining financial responsibility?
Subtitle D, Chapter 601.
11. In which subtitle do you find rules about privileged (handicap) parking?
Subtitle H, Chapter 681.
12. In which subtitle do you find rules on the Nonresident Violator Compact?
Subtitle I, Chapter 703.
13. In which chapter do you find rules on contracting with DPS to deny renewal of a driver’s license to defendants who fail to appear or fail to pay or satisfy a judgment in a manner ordered by the court?
Chapter 706.
14. What happened to Chapter 708 of the Transportation Code, regarding surcharges and the Texas Driver’s Responsibility Program?
Chapter 708 was repealed effective September 1, 2019 and the Texas Driver’s Responsibility Program, including the assessment of surcharges, is no longer the law in Texas.
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Part 2: Citation Requirements
15. Where do peace officers get authority to issue citations to persons violating Subtitle C, Rules of the Road offenses?
Section 543.003 of the Transportation Code.
16. Under what authority may a peace officer issue a traffic citation for offenses outside of Subtitle C, Rules of the Road?
Article 14.06(b) of the Code of Criminal Procedure.
17. What is the consequence if a citation does not notify the defendant of his or her right to take a driving safety course?
The defendant can continue to exercise his or her right to take the course until the person is informed of the right or until the case is disposed.
18. What must a citation contain regarding the offense of failure to maintain financial responsibility?
The citation must contain notice in type larger than other type on the citation (except for the type of the statement required about the surcharges) about a second or subsequent conviction resulting in suspension of the defendant’s driver’s license and motor vehicle registration. Section 601.233 of the Transportation Code provides specific text to include for this notice.
19. What should a citation tell a juvenile regarding his or her address?
The requirement to notify the court of any change of address and that the failure to do so is a Class C misdemeanor.
20. If a city contracts with DPS to deny renewal of driver’s licenses, what information should be on the citation issued to traffic violators?
The notice should inform the violator that if he or she fails to appear or pay the fine or satisfy the judgment, he or she may be denied renewal of their driver’s license.
21. What additional information is required to be on a citation issued to a person who is a commercial driver’s license holder?
The additional information required to be on a citation issued to a person who holds a commercial driver’s license includes the following: (1) whether the vehicle is a commercial motor vehicle as defined in Chapter 522 of the Transportation Code; (2) whether the vehicle was transporting hazardous materiasl; and (3) whether the offense was a serious traffic violation as defined in Chapter 522.
22. What general information is required to be on a citation?
Written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.
When a peace officer issues a citation for an offense in Subtitle C, Rules of the Road, what is the minimum number of days for a court appearance date from the date of the citation? a. At least 10 days from the date of the citation; b. At most 10 days from the date of the citation; c. At least 30 days from the date of the citation or; d. There is no minimum number of days for this type of citation.
a. At least 10 days from the date of the citation. Some courts set the appearance date more than 10 days, but the law provides that the number may not be less than 10.
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Part 3: Culpable Mental State
24. In Texas, traffic cases are: a. civil violations; b. infractions; c. criminal offenses; d. both a and b above are correct.
c. criminal offenses.
25. In Texas, the state must generally prove that the traffic offense: a. was intentionally or knowingly committed by the defendant; b. was recklessly committed by the defendant; c. was committed by the defendant; d. was committed with evil intent by the defendant.
c. was committed by the defendant
26. The culpable mental states defined in the Penal Code are: a. intentionally, knowingly, recklessly, and with criminal negligence; b. intentionally, willfully, recklessly, and with contributory negligence; c. intentionally, knowingly, dangerously, and with criminal negligence; d. Penal Code offenses are strict liability offenses.
a. intentionally, knowingly, recklessly, and with criminal negligence.
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Part 4: Penalties
27. If an offense has a specific penalty, the general penalty does not apply.
True.
28. All traffic fines have a maximum fine of $200.
False.
29. Municipal court has jurisdiction of racing on the highway.
False (it is a Class B misdemeanor).
30. The court can apply enhanced penalties to offenses charged as first-time offenses as long as there are prior convictions.
False (they must be alleged as such or enhanced by the officer or prosecutor).
31. If a Subtitle C, Rules of the Road offense is committed in a construction or maintenance work zone when workers are present and that fact is alleged and proven, the minimum and maximum fine amounts are doubled.
True.
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Part 5: Commonly Committed Traffic Offenses
32. A judge does not need a motion to dismiss from the prosecutor to dismiss a charge for which there is a compliance dismissal.
True.
33. The court does not assess court costs when a case is dismissed pursuant to a compliance dismissal.
True.
34. Judges may dismiss the charge of operating a vehicle with expired registration, if the defendant purchased valid registration and paid the late fee within 10 working days and presents the evidence to the court.
False (the defendant has 20 working days or before first court appearance date).
35. The maximum fine for driving without two license plates is $500.
False (the maximum fine is $200).
36. Peace officers may issue citations to a person driving a vehicle if a license plate holder obscures the name of the state on the license plate.
True.
37. The court may charge a dismissal fee for dismissing a charge of failure to display a driver’s license if the defendant had a valid driver’s license on the day of the arrest.
True.
38. The offense of no driver’s license is always a Class C misdemeanor.
False (the offense can be enhanced on a third or subsequent conviction or if the defendant did not have financial responsibility and caused serious bodily injury or death to another in a crash).
39. If a person charged with an expired driver’s license obtains a valid driver’s license within 20 working days, the court may dismiss the charge and assess a $20 fine.
True.
40. It is a defense to the prosecution if a person produces in court a valid commercial driver’s license that was valid when the offense occurred even though the license is not valid for the class of vehicle being driven.
False (the commercial driver’s license must also be valid for the class of commercial motor vehicle that was driven on the day of the offense).
41. The maximum fine for driving while license invalid is $500
True.
42. Speeding can be filed as a city ordinance violation.
False (it is a state law violation, but the speed limit is set by city ordinance if it differs from that provided for under state law).
43. Under the safety belt law, “passenger vehicle” is defined to mean only a passenger car.
False (passenger vehicle means passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor).
44. The penalty for failure to secure a child under eight in a child passenger safety seat is a minimum fine of $25 and maximum fine of $250.
True.
45. Cities must remit one-half of all safety belt fines and fines for not securing a child in a passenger safety seat system to the State at the end of the city’s fiscal year.
False (cities must remit one-half of the fines collected upon conviction for a child not being secured in a passenger safety seat system or a safety belt, not of all safety belt fines).
46. A 15-year-old can be cited for failure to wear a safety belt and be fined not less than $25 or not more than $50.
True.
47. Persons charged with passing a school bus are not eligible to take a driving safety course.
True.
48. Passing a school bus carries a maximum penalty of $200.
alse (minimum fine of $500 and a maximum fine of $1,250 for a first offense).
49. Improperly using a cell phone in a school crossing zone is a Class C misdemeanor with a maximum fine of $500.
False (the maximum fine is $200).
50. Only a vehicle liability insurance policy is acceptable proof of financial responsibility.
False.
51. There are no exceptions to the financial responsibility law.
False.
52. Courts are required to dismiss a charge of failure to maintain financial responsibility if a defendant obtains insurance before appearing in court.
False (the judge does not have authority to dismiss the case unless the defendant had valid insurance on the date of the arrest).
53. When a defendant presents proof of financial responsibility to the court, the court must verify it before dismissing the case.
True.
54. The court may assess a dismissal fee of up to $20 for dismissing a charge upon proof of financial responsibility.
False.
55. The fine for a first conviction for failure to maintain financial responsibility is a minimum fine of $175 and a maximum of $350.
True.
56. On a conviction for a second or subsequent offense of failure to maintain financial responsibility, the court is required to order the impoundment of the vehicle.
True.
57. If a motorcycle operator can produce evidence to an officer who has lawfully stopped them that they are under the exceptions to wearing protective headgear, the officer cannot issue a citation.
True.
58. The penalty for not wearing a helmet is a maximum fine of $200.
False (the penalty is a minimum of $10 and a maximum of $50).
59. Only peace officers can enforce privileged parking.
False.
60. Persons who are disabled and have the proper documentation may park at parking meters free.
True.
61. Persons convicted of a parking offense under the privileged parking law face escalating penalties depending on the number of prior convictions.
True.
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Part 6: Quotas
62. Although peace officers may not be evaluated on the number of tickets that they issue, they may be evaluated on the type of tickets that they issue.
False.
63. City officials are prohibited from evaluating or disciplining a judge on the amount of money they collect from persons convicted of traffic offenses and may be removed from office for doing so.
True.
64. Cities may not obtain budgetary information from a municipal judge because that would require the judge to estimate the amount of money he or she anticipates will be collected in the coming budget year.
False.