1. (a) Warrant actually served. When a traffic warrant is actually served and the defendant taken into custody the arresting officer will handle the defendant as prescribed by the Code of Criminal Procedure.

2. (b) Alternate method for disposing of traffic warrant without arrest of defendant. When the magistrate issuing the warrant has indicated a willingness to accept a stated amount of fine upon a plea of guilty or nolo contendere, this information will be given to the defendant and the following explanations will be made to him.

   1. (1) The defendant has a right to make bond and appear in court in person, and the alternate method of disposing of this case is extended to the defendant as a courtesy and the terms thereof are not subject to modification or negotiation by the officer who has the warrant.
   2. (2) The defendant's cashier's check or money order for the amount stated, payable to the judge who issued the warrant, will be attached to the unserved warrant and returned through department channels to the court with the notation that the alternate method of disposing of his case was chosen and the warrant was not served.
   3. (3) Cash money may be accepted by commissioned officers in payment of a traffic warrant only when a cashier's check or money order is not readily available. Officers accepting cash under these circumstances will execute the proper receipt form and cause the money and a copy of the receipt to be mailed by the defendant in a U.S. postal receptacle to the appropriate court.
   4. (4) When the unserved warrant and defendant's cashier's check, money order, or cash are received by the court, this will be considered as a plea of nolo contendere to the charge against him.
   5. (5) The decision to handle the case in the alternate method or appear in court is entirely up to the defendant.

Source Note:The provisions of this §3.57 adopted to be effective January 1, 1976; amended to be effective November 12, 1985, 10 TexReg 4236.