Texas Attorney General Opinion: MW-41 Page: 1 of 3
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The Attorney General of Texas
August 8, 1979MARK WHITE
Attorney General
Supreme Court Buildng
P.O. Box 12548
Austin, TX- 78711
512/475-2501
701 Commre. Sute 200
oDa l. TX. 76M
214/742-8944
44 ACberta Ave.. Suite
El Pao. TX. 790
9151533-3484
723 Mamn. Suit 610
Ho oun.STX. ;7002-
713122-4M
s Broay. Sue 312
L o , TX. 7040
4313 N. Tenth. Suite F
McAofte TX. 7801
200 Msn PaZA. Suit 400
San A na , TX. 78205
An Equat Opportunityt
Aflrmas Action EmnpoprHonorable George N. Rodriguez, Jr.
El Paso County Attorney
City-County Building, Room 201
El Paso, Texas 79901Opinion No. MW-41
Re: Application of article 32A.02,
V.A.C.C.P., to traffic citations.Dear Mr. Rodriguez:
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 (b) and (c) of this
section, a criminal action commences for purposes of
this. article when, an indictment, Information, or-
complaint against the defendant :is:filed. in court,
unless prior to the filing the defendant .isd either
detained in custody or released on bail or personal
bond -.to., answer -for the same offense or any other
offense arising out of the same transaction, in which
event the criminal 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 6701d, 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. 6701d, S 148(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. 1391 (1979) (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 I and
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-41, text, August 8, 1979; (https://texashistory.unt.edu/ark:/67531/metapth271886/m1/1/?q=%22White%2CMark%22: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.