Can you get your traffic citation dismissed if the officer does not appear in court in Texas?

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1030405

2026-05-10 16:55

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It is possible, yes. Most courts have so many people wanting to take the ticket to trial that they will use ANY excuse to have a ticket dismissed, dropped, reduced, or thrown out. If you received the ticket from Texas Highway Patrol, don't bother. They ALWAYS show up for court. I think they get in trouble if they miss court. If the officer does not show up the ticket will be dismissed for lack of evidence. True, troopers (and officers in most jurisdictions) are required by policy to appear at the original trial; however, they are not required to appear at appeals and they often don't because they don't get paid unless it is during their normal shift. Appealing tickets is one of the ploys used by "billboard attorneys," those who advertise on billboards for beating tickets. Most tickets can be dismissed by taking a defensive driving course if one has not been taken to dismiss a ticket in the previous two years. This has an added benefit of a 10% reduction in liability insurance rates for most companies. The courses are offered all over, even online. They can often be found at restaurants and cost about $25 to $30 for the course and meal.

Additionally, tickets can be dismissed upon completion of "deferred adjudication" (probation). This is normally a 90 day period in which you can't get another ticket. While this actually applies statewide, if a ticket is received in a different jurisdiction there is no way for the first to find out unless you inform them. If your ticket cannot be dismissed for lack of evidence or by taking defensive driving, you should always request deferred adjudication. You will have to pay the same amount as the fine would be but the ticket will not go on your record so it won't build up points on your record or increase your insurance rates.

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