Opinion No.

Honorable James Warren Smith, Jr. Frio County Attorney P. O. Box V Pearsall, Texas 78061

Re: Defendant's presence at trial in justice court of misdemeanor punishable by a fine only.

Dear Mr. Smith:

You ask whether a justice of the peace may proceed to trial on certain misdemeanor charges in the defendant's absence. Your questions concern a motorist who was charged with speeding and signed a Notice to Appear in Court in accordance with article 6701d, section 148. He did not appear on his appearance date, and was charged with willful violation of his promise to appear under section 149 of article…