Monday, May 6, 2013

Affidavit Denying Involvement in Commerce

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__.

Notary Public – State of Texas

My commission expires ____________________.


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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