In Texas, a person charged with a civil traffic offense can request a hearing to contest the citation. The citation must tell the recipient the time and place of the hearing and that the person has a right to a hearing without delay, under the rules that govern the issuing authority. See Tex. Transp. Code § 284.205.
If a person requests a hearing but fails to appear, that failure is generally treated as an admission of liability and may waive the right to further review in some administrative contexts. The officer or person who issued the citation generally is not required to attend the hearing. See Tex. Transp. Code §§ 284.207, 682.007, and 521.302.
Current Texas law
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What Texas law says
The law generally says: a citation or summons must inform the recipient of the time and place of the hearing and notify the person of the right to a hearing without delay under Tex. Transp. Code § 284.205. A person charged who fails to appear at an administrative adjudication hearing is considered to admit liability for the offense under Tex. Transp. Code § 682.007. The issuing officer is not required to attend the hearing under Tex. Transp. Code § 284.207. For certain department hearings, a failure to appear without just cause waives the right to a hearing and makes the department's determination final under Tex. Transp. Code § 521.302.
What to do
A common first step is to read the citation carefully to find the time, place, and any instructions about requesting a hearing under Tex. Transp. Code § 284.205.
A common next step is to submit a written request or plea/contest and a hearing request as described on the citation or by the issuing agency.
A common option is to appear at the scheduled hearing, since failing to appear is generally treated as an admission of liability under Tex. Transp. Code § 682.007 and may waive rights in some administrative proceedings under Tex. Transp. Code § 521.302.
A common step is to bring any documents or evidence you intend to present to the hearing; note the issuing officer is generally not required to attend under Tex. Transp. Code § 284.207.
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If a person charged with a civil offense fails to appear at an administrative adjudication hearing, that failure is generally considered an admission of liability under Tex. Transp. Code § 682.007. For certain department hearings, failing to appear without just cause may waive the right to a hearing and make the department's determination final under Tex. Transp. Code § 521.302.
What must the citation tell me?
The citation or summons must inform the recipient of the time and place of the hearing and notify the person charged that they have the right to a hearing without delay under Tex. Transp. Code § 284.205.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
