Texas Attorney General Opinion: H-963 Page: 3 of 5
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The Honorable Maurice S. Pipkin - page 3 (H-963)
293 S.W. 207, 208 (Tex. Civ. App. -- San Antonio 1927, no
writ). The act of filing an answer constitutes an appearance.
Clagett v. Neugebauer, 376 S.W.2d 768, 770 (Tex. Civ. App. --
Austin 1964, no writ); Staley v. Western Steel Wire & Pipe
Co., 355 S.W.2d 565, 567 (Tex. Civ. App. --Dallas 1962,
writ ref'd n.r.e.). It might be argued, however, that,
under section 148, a defendant's execution of a written
promise to appear is a substitute for arrest, and that his
subsequent "appearance" ought to require his physical presence
in court. But section 148(b) undercuts this reasoning, by
providing that "a written promise to appear in court may
be complied with by an appearance by counsel."
Section 150 provides that sections 148 and 149
shall govern all police officers in making
arrests without a warrant for violations of
this Act, but the procedure prescribed herein
shall not otherwise be exclusive of any other
method prescribed by law for the arrest and
prosecution of a person for an offense of
like grade.
Thus, procedings against someone accused of violating the State
Traffic Regulations are not governed exclusively by sections
148 and 149, but may accord with article 27.14 of the Code of
Criminal Procedure, which provides:(Emphasis
A plea of 'guilty' or a plea of
'nolo contendere' in a misdemeanor case may
be made either by the defendant or his
counsel in open court; in such case, the
defendant or his counsel may waive a jury,
and the punishment may be assessed by the
court either upon or without evidence, at
the discretion of the court. In a mis-
demeanor case arising out of a moving
traffic violation for which tWe maximum
posssible punishment is- ine-only,
payment of a fine, or an amount accepted
the court constitutes a finding of
guilty in o en court, as though a plea of
nolo contendere had been entered by the
defendant.
added.)p. 4014
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-963, text, March 28, 1977; (https://texashistory.unt.edu/ark:/67531/metapth271488/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.