Texas Transportation Code 601.158 – Appeal
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(a) If, after a hearing under this subchapter, the judge determines that there is a reasonable probability that a judgment will be rendered against the person requesting the hearing as a result of the collision, the person may appeal the determination.
(b) To appeal a determination under Subsection (a), the person must file a petition not later than the 30th day after the date of the determination in the county court at law of the county in which the person resides, or, if there is no county court at law, in the county court of the county.
Terms Used In Texas Transportation Code 601.158
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A person who files an appeal under this section shall send a file-stamped copy of the petition by certified mail to the department at the department’s headquarters in Austin. The copy must be certified by the clerk of the court in which the petition is filed.
(d) The filing of a petition of appeal as provided by this section stays an order of suspension until the earlier of the 91st day after the date the appeal petition is filed or the date the trial is completed and final judgment is rendered.
(e) On expiration of the stay, the department shall impose the suspension. The stay may not be extended, and an additional stay may not be granted.
(f) A trial on appeal is de novo.