Deferred Disposition is an option available for dismissal of many cases. On a plea of guilty or no contest, at the judge's discretion, you may request Deferred Disposition. During the deferral period, the judge may require the defendant to pay fines/costs, participate in an alcohol or drug abuse treatment, tobacco awareness course or alcohol education program and/or complete a driving safety course or any other reasonable condition. Upon completion of the deferral period and once satisfactory evidence has been presented to the court, the charge will be dismissed.
If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation, the defendant must complete an approved driving safety course. If the defendant holds a provisional driver's license, he or she must also take an examination with DPS.
You are not eligible if:
- You do not have a valid driver's license.
- The offense was committed in a construction maintenance work zone (472.022 T.C.).
- The offense involves Driving Under the Influence and consumption with two prior convictions.
- The offense involves passing a school bus or failing to obey a school crossing guard or officer.
- You are the holder of a Commercial Driver's License (CDL) now or at the time of offense.
- You have had a violation dismissed by deferred disposition within the last 12 months or are currently on deferred for another violation.
- The offense involves speeding of 25 mph or more over the posted speed limit or in excess of 95mph, or
- The case is in Warrant Status.
To request Deferred Disposition, you may appear in person or submit the request in writing by mail on or before your due date. Payment in full and proof of a valid driver's license are required at the time of the request for Deferred Disposition. If you are requesting Deferred Disposition for a Financial Responsibility (insurance) charge, you must submit proof of current insurance that lists you as a driver. If you were charged with a violation that falls under the Penal Code, City Ordinance, an accident was involved, or other non-traffic violations, you may be required to appear before the judge in open court to request Deferred Disposition.