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Judge Donald J.
Stevenson Judge James M. McCarthy Plano Municipal Court Within this Web Site you will find information about the Plano Municipal Court, rules regarding ex-parte contact with the Judges, the Court Clerk’s hours of operation, forms most often used in the Court, court programs and other matters of interest.
If a Defendant would like to plead "Not Guilty" and request a Trial by Judge or Jury, the Defendant may make his or her request by mail or in person within fifteen (15) calendar days from the date of offense. If the Defendant requests a Trial by Jury, there is a mandatory Pre-Trial Hearing the Defendant MUST attend. If the Defendant makes his or her request for a court date more than the fifteen (15) calendar days from the date of the offense, he or she must appear in person. The Defendant also will be required to post a bond in an amount equal to the fine for the violation with which the Defendant has been charged before the Defendant’s case will be placed on a court docket. PLEASE NOTE: 1.If a Defendant is eligible for a Driving Safety Course (DSC) at the Clerk's Window, the Defendant will waive the option for DSC if he or she does not accept this option within seven (7) days of their request for a court date; 2.If a Defendant is eligible for Deferred Disposition, the Special Expense Fee will be increased to the maximum amount allowed by state law if the Defendant does not accept this option within seven (7) days of his or her request for a court date. Appropriate attire is required in the courtroom. No shorts of any kind are permitted.
If a Defendant is 16 years of age or younger and was issued a citation, the Defendant’s parent/guardian will be sent a letter of notice to appear in court before the Municipal Judge. (h) A child and parent required to appear before the court have an obligation to provide the court in writing with the current address and residence of the child. The obligation does not end when the child reaches age 17. On or before the seventh day after the date the child or parent changes residence, the child or parent shall notify the court of the current address in the manner directed by the court. A violation of this subsection may result in arrest and is a Class C misdemeanor. The obligation to provide notice terminates on discharge and satisfaction of the judgment or final disposition not requiring a finding of guilt. (i) If an appellate court accepts an appeal for a trial de novo, the child and parent shall provide the notice under Subsection (h) to the appellate court. Appropriate attire is required in the courtroom. No shorts of any kind are permitted. Please note, if a Defendant fails to appear as stated, a notice will be sent to the Texas Department of Public Safety to suspend the Defendant's Driver's License or prohibit the Defendant from getting one. If a Defendant was issued a citation for Fail To Maintain Financial Responsibility (No Insurance) or for an Expired Violation, the Defendant may present proof to the Clerk before the court date to have the citation dismissed. A Defendant may request a trial date, a Driving Safety Course, Deferred Disposition or Teen Court from the Judge.
A Defendant must meet the following six (6) requirements to be eligible to take a Driving Safety Course to dismiss a citation: 1. The Defendant must have a valid Texas Driver's License. 2. The Defendant must have proof of financial responsibility (insurance). 3. The Defendant cannot have completed a Driving Safety Course within 12 months preceding the date of the alleged offense for the dismissal of another citation that is not yet reflected on his or her driving record. 4. The Defendant cannot have been charged with speeding 25 miles or more over the speed limit. 5. The Defendant must enter a plea of "guilty" or "no contest"; and 6. The Defendant must pay the State Costs and an Administrative Fee, totaling $95.00, at the time of his or her request. A defendant that holds a commercial drivers license or held a commercial drivers license when the offense was committed is not eligible to take a Driving Safety Course to dismiss a citation. Deferred Disposition or probation is an alternative that permits the dismissal of a citation. The Defendant must make a written application to obtain Deferred Disposition. The Application for Deferred Disposition may be submitted either in person or through an attorney at the Court Clerk’s window or in open court. The information contained on the application will be used by the Judge to determine the Defendant’s eligibility. If the Defendant qualifies, he or she will be required to pay the Special Expense Fee and State Costs at the time the application is approved. Based on the Defendant’s answers on the application, he or she may or may not be required to take a Driving Safety Course as a term and condition of the Deferred Disposition. The Defendant will be required to return a statement of compliance during a specific time period. Deferred Disposition is a way of having a violation dismissed after satisfactory completion of the probationary period during which no additional convictions are received and all requirements imposed in the Deferred Order are satisfied. A defendant that holds a commercial drivers license or held a commercial drivers license when the offense was committed is not eligible to take a Deferred Disposition to dismiss a citation. Teen court is an alternative that may permit the dismissal of a charge against a Juvenile Defendant. The Defendant must appear at a Juvenile docket where the Judge will inform the Defendant of the fees required to participate in the Teen Court program. The Defendant must be prepared to pay the fees at the time the Defendant requests Teen Court. The Defendant’s case then would be rescheduled for a Monday evening Teen Court docket and heard by a jury of the Defendant’s peers. The teen jury would assess a number of hours of community service hours as punishment. If the Defendant completes the community service hours in a timely manner, the case against him or her will be dismissed. In order to be eligible to have a case heard in Teen Court, the Defendant must plead guilty or no contest to the offense charged.
Failure to Maintain Financial Responsibility If a Defendant is issued a citation for Failure to Maintain Financial Responsibility (Insurance) and he or she was in fact covered by an insurance policy at the time the citation was issued, the Defendant may present proof of financial responsibility to have the citation dismissed. The proof must indicate the following six items:
If the proof does not reflect all six (6) requirements, the proof will not be accepted by the Court. The Defendant will have to either obtain a new card from the insurance carrier reflecting the necessary requirements, or obtain a letter from the insurance carrier, on company letterhead, stating each of the requirements that are not indicated on the insurance card. If a Defendant was operating a car other than his or her own, the Defendant must also produce a letter from the vehicle owner granting the Defendant permission to operate the vehicle when the offense was committed.
If a Defendant is issued a citation for Expired Drivers License, Expired Motor Vehicle Inspection or Expired Registration and, within 15 days of the date of the offense, the Defendant may present proof that the Defendant remedied the defect within ten (10) working days of the date of offense and the citation will be dismissed upon payment of a $10.00 Dismissal Fee. Proof of correction for Expired Motor Vehicle Inspection must show the vehicle PASSED the inspection or the Defendant may take his or her copy of the citation and the vehicle to the Police Station and have the correction verified and documented on the Defendant’s copy of the citation. Proof of correction for Expired Registration must include a 20% penalty being paid to the Department of Motor Vehicles at the time the registration was renewed. If this penalty is not paid, the Court cannot dismiss the citation.
If a Defendant received a citation for an offense and the Police Officer checked "Repair Option" on the citation, the Defendant may have the violation corrected and, within fifteen (15) calendar days of the date of offense, take his or her vehicle and the copy of the citation to the Police Station to have the repair verified. Failure to do so within fifteen (15) calendar days of the date of offense will mean the citation CANNOT be dismissed. After a Public Service Officer has verified the repair, signed and dated the Defendant’s copy of the citation, the Defendant must deliver the citation to the Court Clerk. The citation may be delivered during regular business hours or the Defendant may place the citation in the Court Lock Box located in the Jail Lobby, which is open 24 hours a day. No Dismissal Fee is required. If the repair is not completed and verified by the Public Service Officer and the citation delivered to the Court Clerk within fifteen (15) days of the date of offense, the offense will not be dismissed.
Minor Defendants (under 21 years of age) who receive citations for violations of the Alcoholic Beverage Code may request a Deferred Disposition if they are eligible. If a Defendant is convicted, his or her Drivers License will be suspended for thirty (30) days. If a Defendant does not successfully complete an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse within 90 days from the date of judgment, his or her Drivers License will be suspended for up to six (6) months. Upon conviction, a Defendant will be required to complete from 8 to 12 hours of community service. If the offense is for Driving Under the Influence of Alcohol, the community service requirement increases to 20 to 40 hours. Minor Defendants (under 18 years of age) who receive citations for violations of Section 161.252 of the Texas Health & Safety Code (tobacco possession or use) may request a Deferred Disposition if they are eligible. If a Defendant is convicted of a tobacco violation, he or she must successfully complete a tobacco awareness program approved by the Texas Commissioner of Public Health within 90 days from the date of judgment. If the Defendant completes the required course within the permitted time, the violation will be dismissed and the fine, but not the court costs, will be refunded to the Defendant. If a Defendant does not successfully complete a tobacco awareness course approved by the Texas Commissioner of Public Health within 90 days from the date of judgment, the Court will order the Texas Department of Public Safety to suspend or deny issuance of any Drivers License or permit to the Defendant for a period of 180 days after the date of the order. Penalties for subsequent similar offenses are more severe.
If a Defendant’s citation is in warrant status, the Defendant may have the warrant cleared by one of the following methods: 1. Posting a Cash Bond; 2. Having the attorney representing the Defendant post an Attorney Bond; 3. Having a bail bondsman licensed in Collin County, Texas post a Surety Bond; or 4. Enter a written plea of "No contest" or "Guilty" and paying the fine and costs by means of cash, money order, or cashier check ONLY. NOTE: After a warrant is cleared, a Defendant may apply for Deferred Disposition to keep the citation off his or her record. The Defendant must appear in person at the Court Clerk's Office and complete an application. If the application is approved, a Special Expense Fee equal to the maximum fine amount for the violation with which the Defendant is charged will be assessed and, together with all court costs, will be due at the time of application with Deferred Disposition. |
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