The Attorney General of Texas 

August 8, 1979 

MARK WHITE 

Attorney General 

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Honorable George N. Rodriguez, Jr. 

Bl Paso County Attorney 

Opinion No. MW-41 

City-County Building, Room 201 

El Paso, Texas 79901 

Dear Mr. Rodriguez: 

Re: Application of article 32A.02, 

V.A.C.C.P., to traffic citations 

You have asked when a criminal action commences under the Texas 

Speedy Trial Act, article 32A.02, Code Crim. Proc., in the case of a traffic 

violation. Specifically, you have’asked’if the thirty day period begins to run 

when the citation is issued, or when a formal complaint is filed in municipal 

court. 

Article 32A.02, section 2(a), provides: 

_..,. ._- .~ 

Except as ‘provided in Subsections fb) and fc) of this 

s-+iob acriminal action commences for purposes of 

._ ~. 

.:. 

_ 

:. this.. article when: an ~Jndictment, informatig or. 

~complaikagaiust the defendant ,is:filed,:in court, 

unless price to the fiing the defendant-its either 

detained in custody or released on bail or personal 

bon~~.to,answer -for the same offense or any other 

offense arising out of the same trankction, in which 

event .the arimhml action commences when he is 

arrested 

The answer to your question will depend on whether the peace officer’s 

stop of a traffic offender and issuance of a citation constitutes a detention 

in custody or a release on bail or personal bond. 

Various sections of article 6TOld, V.T.C.S., indicate the effect of a 

stop for a traffic violation. When a motorist is stopped for a traffic 

violation, the stop is characterized by the statute as an arrest. V.T.C.S. 

art 6701d, S 148. Even though it is normally for only a brief period of time, 

the driver is detained in custody. V.T.C.S. art. 67Old, 6148(d) (when the 

driver files a promise to appear, the officer “shall forthwith release the 

person-arrested from custody”); Delaware v. Prouse, 99 S. Ct. 139lf1979) (a 

stop of an automobile and brief detention of its occupants is a seizure within 

the meaning of the 4th and 14th Amendments); 6 Tex. Jur.2d Arrest SS 1 and 
i 

Honorable George N. Rodriguez, Jr. - Page Two (Mw-41) 

20; cf. Newberry ‘v. State, 552 S.W.2d 457, 461 (Tex. Crim. App. 1977) (after a traffic 

viohZ& was stopped he was not free to leave).~ ! 

A traffic offender may be permitted to leave on signing a promise to appear. 

V.T.C.S. art. 67Old, S 148. If the arrest is for speeding, it is generally mandatory that the 

arrested person be released on the signing of the promise to appear. & In many respects 

the promise to appear is the functional equivalent of a personal bond. 

art. 6701d, S 148 fi Code Crim. Proc. art. 17.04. 

Compare V.T.C.S. 

: 

We believe tha motorist who is stopped and ticketed for a traffic offense has been 

arrested and detained in custody. This reading is Eonsistent with the apparent intent of 

the statute. The Act is a remedial statute. and it should be &en a liberal construction to 

effe&its purpc&. City of Mason~v.-West’Texas~Utnities C& 237 S.W.2d 273 (Tex. 195D. 

The Act is designed to impose time limitations on the state as soon as the defendant 

enters the crimfnal j&i&system to answer for an offense. In the case of a traffic 

offense punishable by flne only, the defendant enters the system when he is arrested, and 

‘the state is ‘required tibe ready for trial within 30 days of thattime. Of courSe the time 

at which ‘the. state’is required to be ready ~may be .extended by any’ one of the ten 

iall sec. 4flO) (providing for reasonable delay 

~i?iE$g2mY’~~i~i~~ We also note that beginning September l, 1979, 

the 30 day period.wiD be extended to 60 days. Acts 1979, 66th Leg., ch. 3, at 4. 

SUMMARY 

m.Speedy Trtal AC&-article 32A.02,. Code Grim. Proc., requires 

U&the stat& beready to try a traffic offensepunishable by fiie . 

‘-only within 3Odays <of -the time the defendant -is estopped and issued ‘.‘-& ~,,ket;$‘-‘:!:. ;~i :, .’ 

.,. 

..zL.;.. ‘,.~ ..~..~.... :. .~. .., : ~‘Verdrulv voursIc. A 

s: . _..., Z..‘,‘. .“~ .,: / 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assiitant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by C. Robert Heath 

and Charles Campbell 

Assistant Attorneys General 
Honorable G-e N. Rodriguez, Jr. - Page Three (m-41) 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

David B. Brooks 

Tom Bulling& 

Charles Campbell 

William G Reid