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Port Arthur Today
By the People, for the People
Ask A Cop - Is a Warning the Same as a Ticket?
Officer Antoine explains the difference between a warning and a ticket in Texas driving laws.
Mar. 3, 2026 at 11:19pm
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In this edition of the "Ask A Cop" column, Officer Antoine answers a question from a reader in Port Neches, Texas about the difference between receiving a warning from a police officer versus receiving a ticket. He explains that there is no such thing as an official "warning" in the Texas transportation code, and that an officer can still file a citation up to two years after observing a violation, even if they initially just gave a verbal or written warning.
Why it matters
This information is important for drivers in Texas to understand, as it clarifies the legal status of receiving a warning from a police officer versus a formal citation. Knowing the difference can help drivers avoid confusion and properly address any potential violations they receive.
The details
Officer Antoine explains that while an officer may choose to give a driver a verbal or written "warning" instead of a citation at the time of the incident, that warning is not an official legal action. The officer still has up to two years to file the citation with the court, at which point the driver would be required to respond. Even if the officer does not make contact with the driver during the initial violation, they can still file the citation later. The burden of proof is on the state to prove the driver's guilt, not the driver to prove their innocence.
- The officer has up to 2 years from the time of the violation to file the citation with the court.
- If the officer waits 1 calendar year after the violation to file the citation, the court will then contact the driver via certified mail to appear and answer the complaint.
The players
Officer Antoine
A police officer in Southeast Texas who answers reader questions about driving laws and safety in a weekly column.
Jeff
A reader from Port Neches, Texas who asked Officer Antoine about the difference between receiving a warning versus a ticket.
What they’re saying
“Yes you are correct by staying that there's no sustaining as a warning in the Texas transportation code. There are times when an officer wishes not to issue a citation to a violator and we call those encounters issuing a written or verbal warning.”
— Officer Antoine
“Even if an officer observes you commit a violation and does NOT contact you he/she has 2 years to file the case/citation against you without ever talking to you. Remember the burden of PROOF will be upon the STATE to prove your guilt not YOU!”
— Officer Antoine
The takeaway
This column clarifies an important distinction in Texas driving laws - that a "warning" issued by a police officer is not an official legal action, and the officer can still choose to file a citation up to two years later. Drivers should understand that a warning does not absolve them of potential consequences, and they may still need to address the violation with the court system.
