# The Attorney General of Texas May 28, 1980 MARK WHITE Attorney General Honorable Patrick J. Ridley Bell CountyAttorney P. 0. Box 474 Belton, Texas 76513 Opinion No. MW-185 Re: Constitutionality and interpretation of article 6701d,section 143A, V.T.C.S., regarding dismissal of charges on completion of a defensive driving course. Dear Mr. Ridley: You ask whether section 143A(a)(2) of ‘article 6701d, V.T.C.S., is constitutionaL This provision reads asfollows:

Sec. 143A. (a) When a person is charged with a misdemeanor offense under this Act, other than a violation of Section 50 or 51, committed while operating a motor vehicle, the court: (1)in its discretion maydefer proceedings andallow the person 90 days to present evidence that, subsequent to the alleged act, the person has successfully completed a defensive driver’s course approved by the Texas Department of Public Safety or other driving safety courseapproved by the court; or (2) shall defer proceedings andallow the person90 days to present written evidence that, subsequentto the alleged act, the person has successfully completed a driving safety course approved by the court, it: (A) the person presents to the court anoral request or written motion to take a course; (B) the nerson hasa valid Texas Driver’s license or permit; and (C) the person’sdriving record as maintainedby the Texas Department of Public Safety &es not indicate successful completion of a driving safety course under this subdivision within the two years immediately proceding the date of the alleged offense. (b) Whenthe person complies with the provisions of Subsection (a) of this section and the evidence presented is accepted by the court, the court shall dismiss the charge.

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You suggest that this provision is unconstitutionalbecause it requires thejudge to dismiss charges if the three stated conditions are met, allowing him no discretion. You suggest that it violates article II, section 1of the Constitution whichprovides for the separation of powers, and article V, section 1of the Constitution which vestsjudicial power injustices of the peace. However, it is well established that the legislature may give judges responsibilities which do not require the exercise of judicial discretion. See Jarnagin v. Garrett, 69 S.W.2d 5ll (Tex. Civ. App. - Texarkana 1934,writ ref ’d); K-a 157S.W.2d 377 (Tex. Crim. App. 1941). A judge may be assigned ministerial duties, which ere duties prescribed and &fined with suchprecision asto leave nothingto the exercise of discretion or judgment. Jarnagin v. Garrett w. Once the defendant complies with the three conditions undersectton 143A(a)(2, we believe the court hasa ministerial duty to dismiss the charge. You next askfor an interpretation of the following language of section 143A(b): “and the evidence presented is accepted by the court.” You suggest that this provision refers to common law n&a of evidence and means that the judge must admit the evidence presented by a defendant unlessthere is an objection to it. However, section 143A(b)uses the term “accepted” rather than “admitted

.” Moreover, since section 143A(a)(2)spells out the kind of evidence which defendant mustpresent, thejudge need not rule on relevancy. He need only determine whether the evidence conforms~ to the requirements of section 143A(aX2). We believe the language you inquire about contemplates that thejudge will evaluate the evidence presented by the defendant that he hassuccessfully completed an approved defensive driving course andaccept it if in fact it complies with the statutory requirements. SUMMARY

Section 143A(a)(2) of article 67Old,V.T&.S., &es not unconstitw tionally deprive ajustice of the peace ofjudicial discretion. The section requires hi to evaluate evidence presented by the defendant that he hss successfully completed a defensive driving course. 

# /gGijiij

Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General TED L. HARTLEY Executive Assistant Attorney General

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Prepared bySusanGarrison Assistant Attorney General APPROVED: OPlNION COMMlTTEE C. Robert Heath, Chairman Jon Bible SusanGarrison Rick Gilpin Bill Willis Bruce Youngblood

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