(a) Except as provided by Subsections (b) and (c), this subchapter applies only to an alleged offense that:
(1) is within the jurisdiction of a justice or municipal court;
(2) involves the operation of a motor vehicle; and
(3) is defined by:
(A) § 472.022, Transportation Code;
(B) Subtitle C, Title 7, Transportation Code; or
(C) § 729.001(a)(3), Transportation Code.
(b) If the defendant is younger than 25 years of age, this subchapter applies to any alleged offense that:
(1) is within the jurisdiction of a justice or municipal court;
(2) involves the operation of a motor vehicle; and
(3) is classified as a moving violation.

Terms Used In Texas Code of Criminal Procedure 45A.351

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) This subchapter does not apply to an offense committed by a person who:
(1) holds a commercial driver’s license; or
(2) held a commercial driver’s license when the offense was committed.


Text of article effective on January 01, 2025

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