Missed Court Date – Trial De Novo & New Trial Motions
Under Tex. Code Crim. Proc. art. 45.041 and 44.181 (criminal track) or Tex. Transp. Code § 682.011 (civil), a defendant who misses an initial parking hearing has multiple paths back: (a) Motion for New Trial under art. 45.041 within 10 days of the original judgment, with good cause; (b) Petition for de novo trial in the municipal court within 30 days of an administrative hearing officer's decision under § 682.011; (c) Even after default, JP courts (for tows) and municipal courts often reopen with a payment of a single appearance fee.
Legal basis
Tex. Code Crim. Proc. art. 45.041, 44.181; Tex. Transp. Code § 682.011
Sample appeal wording
TO: [Municipal Court / JP Court] RE: Cause [NUMBER] / Citation [NUMBER] MOTION FOR NEW TRIAL / PETITION FOR APPEAL UNDER TEX. TRANSP. CODE § 682.011 Defendant respectfully moves for a new trial under Tex. Code Crim. Proc. art. 45.041 / petitions for trial de novo under Tex. Transp. Code § 682.011. The original disposition was entered on [DATE]; this filing is within the [10/30] day deadline. Good cause: [I was hospitalised / never received notice (registered address attached) / on active military duty / out of state due to family emergency / had a death in the family]. I have meritorious defences: [BRIEF SUMMARY]. I have paid the required filing fee/bond of $[AMOUNT]. Signed: ____________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Code Crim. Proc. art. 45.041
- Tex. Transp. Code § 682.011
- TMCEC Procedure Manual