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How long do I have to file an appeal?

San Antonio, TX |

I was found guilty after being charged with going 60 in a 40. I took it to court because it simply did not happen. Even with no evidence, such as a "malfunctioning" video that the prosecution and police did not have, and catching the police officer in a lie and pointing it out to the Judge, I was found guilty. I told the Judge that day I would not be paying the fine and would be appealing. In Texas how long do I have to file the appeal and who do I file it with?

Thank you!!

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Attorney answers 2


If you are in traffic court chances are you'll appeal it up to the lowest trial court. There will probably be a trial de novo (a whole new trial) and you'll make your arguments again. You generally have 30 days to file a notice of appeal, although in some issues its much less time, ten days is a common number for certain motions. Talk to the clerk of the trial court and determine what he/she thinks the proper notice of appeal would be. I don't think it is worth your money to pay a lawyer for this issue but if it resulted in losing your license of a reckless driving charge you may wish to hire a lawyer.

Best of luck,

Shannon K. McDonald


Usually the clerk of the court will answer this question. The traffic court may also give you the answer.
Generally the time to appeal a traffic infraction is much shorter than the time for appealing in other courts, so you should move quickly if you are going to do this.

This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.