${Defendant_First} ${member_last}

${member_address}

${member_city}, ${defendant_state} ${member_zip}

${member_email}

Case: ${MEMBER_CASE_NO}

DEMAND FOR PRELIMINARY HEARING

Now comes ${Defendant_First} ${member_last}, hereinafter referred to as “Defendant” in the above styled case and moves the court as follows:

1. Arrested For Onsight Offense

Defendant, in the instant case, was arrested in his/her freedom of movement and seized in his/her person by ${officers_name} for an alleged onsite offense wherein Defendant was accused of violating a provision of a professional conduct code, specifically: The Texas Transportation Code.  Defendant agreed to appear in accordance with Texas Transportation Code 543.006 which reads as follows:

Sec. 543.006.  TIME AND PLACE OF APPEARANCE.  (a)  The time specified in the notice to appear must be at least 10 days after the date of arrest unless the person arrested demands an earlier hearing.

(b)  The place specified in the notice to appear must be before a magistrate having jurisdiction of the offense who is in the municipality or county in which the offense is alleged to have been committed.

Based on the above, Defendant appears specially before the court in its capacity as a citizen in this republic and demands that the magistrate, before whom Defendant agreed to appear, convene an examining court as contemplated by Texas Code of Criminal Procedure 2.11 which reads as follows:

Art. 2.11. EXAMINING COURT. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.  

Defendant further moves this court to hold the above hearing in accordance with Chapter 16 Texas Code of Criminal Procedure.  

1. PRAYER

Defendant this court to convene a preliminary hearing under Chapter 16 Texas Code of Criminal Procedure.

In the alternative, Defendant moves this court to dismiss the instant case for lack of subject matter jurisdiction.

Respectfully,

_________________________

${Defendant_First} ${member_last}

${member_address}

${member_city}, ${defendant_state} ${member_zip}

${member_email}

Case: ${MEMBER_CASE_NO}

ORDER

This, the ______day of __________________, ${current_year} the foregoing motion having been presented and heard by the Court, it is hereby ORDERED that:

All relief requested is hereby granted.

__________________________

Judge Presiding

The relief requested is granted in part as follows:

____________________________________________________________

____________________________________________________________

____________________________________________________________

__________________________

Judge Presiding

All relief requested is DENIED, to which action Defendant excepts.

__________________________

Judge Presiding

VERIFICATION

I, ${Defendant_First} ${member_last}, do swear and affirm that all statements made herein are true and accurate, in all respects, to the best of my knowledge.  

__________________

${Defendant_First} ${member_last}

${member_address}

${member_city}, ${defendant_state} ${member_zip}

${member_email}

The Person above, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this document and acknowledged to me that he/she executed the same in his authorized capacity and that by his signature on this instrument who is the person who executed this instrument.

I certify under PENALTY OF PERJURY under the laws of this State that the foregoing paragraph is true and correct.

Witness my hand and official seal.

_________________________________________ __________________________

NOTARY PUBLIC IN AND FOR Notary Seal

THE STATE OF TEXAS

CERTIFICATE OF SERVICE

I, ${Defendant_First} ${member_last}, hereby certify that a true and correct copy of above and foregoing has been delivered to ___________________________________________________,  on this the ___ day of _____________ ${current_year}, by certified mail (Certified Mail Receipt # _____ _____ _____ _____ _____), in accordance with the rules governing same.

___________________

${Defendant_First} ${member_last}

${member_address}

${member_city}, ${defendant_state} ${member_zip}

${member_email}