Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
Affidavit Denying Involvement in Commerce
Before me, the undersigned notary, on this day,
personally appeared _______________________________________, a person whose
identity is known to me. After I
administered an oath to him/her, upon his/her oath, he/she said:
My name is
_________________________________. I am capable of making this affidavit. The facts stated in this affidavit are within
my personal knowledge and are true and correct.
I,
_________________________________, a living
man competent to testify to the accuracy of this affidavit, do hereby
attest to the following:
I hereby affirm that I was not
engaged in Commerce on any public road or public highway on
____________________.
I hereby affirm that I did not
carry passengers, goods, or merchandise for hire or compensation in my private
truck or private automobile on ____________________.
Further,
affiant sayeth naught.
_________________________________
Affirmed to before me a
notary public this the ____________ day of _______________, 201__.
SEAL
_____________________________
Notary Public – State of Texas
My commission expires
____________________.
INSTRUCTIONS
This is used to deny that you were involved in
Commerce when you were pulled over and given a traffic ticket. Since the Texas
Transportation Code only pertains to corporations engaged in Commerce on the
public highways, the violation alleged could not apply to you unless you were
involved in Commerce. This sets the record straight. You can file it anytime,
but it must be filed at least 10 days before a pre-trial hearing or trial, but
it is always good to give it to the prosecutor at the first initial
arraignment.
Add a Certificate of Service before filing in court.
The original is filed with
the court clerk, a copy to the prosecutor and a copy for you.
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Line 6: Your name in upper
and lower caps.
Line 7: Your name in upper
and lower caps.
Line 8: Your name in upper
and lower caps.
If you are a woman, there is
a space left for you to enter ‘wo’ by man.
Line 9: Put in the date that
the police officer gave you a ticket.
Line 10: Put in the date that
the police officer gave you a ticket.
Line 6: Sign your name in
front of a Notary and under the line Print your Name in Upper and Lower Caps,
then your address under your name.
Let the Notary fill out the
rest.
Create at least two original
documents, one to be filed in court and one to keep. Make 2 copies of the
original you file in court, one copy to the prosecutor and one copy for you to
have filed stamped, by the clerk of the court, for yourself. Do NOT file
the instructions with the Affidavit.
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