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Deferred Disposition
Definition
Deferred disposition is a way of having your citation dismissed after satisfactory completion of a probationary period during which no additional convictions are received, and after all requirements imposed in the deferred order are satisfied. The probationary period is 90 to 180 days, depending on the type of violation, and begins when the fees are paid. With successful completion of deferred disposition, there is not a final conviction, the complaint may not be used against you, and the conviction will not be reported.
Deferred Disposition Process
- Requests for Deferred Disposition will not be accepted by fax or phone
- You must enter a plea of Guilty or No Contest
- You must pay the deferred fees in full. In most cases, the deferred fee is the standard fine amount including state court costs. The deferral (probation) period will not begin until the deferred fee is paid. If you fail to pay this amount in a timely manner, it will be considered a failure to comply with the conditions of the judge's order, and dismissal will not be granted
- Defendants who are younger than 25 years of age must complete a Driving Safety Course as a condition of probation
- If you hold a provisional license (under 18 years of age), you are also required by Texas law to take the DPS Driving Safety Course as a condition of probation
- Provide Proof of Financial Responsibility, consisting of a copy of the declarations page of your motor vehicle liability insurance policy
- A copy of your valid drivers license
Eligibility Guidelines
A defendant is not eligible for Deferred Disposition for a moving violation if:
- Any offense by a holder of a Commercial Driver's License (CDL)
- Speeding 25 miles or more over the posted speed limit
- Passing a school bus
- Any traffic violation that occurred in a construction zone with workers present
- Persons under age 21 for any violations associated with alcohol
- Any juvenile case (must appear in person with parent or legal guardian)
- Have been granted deferred disposition in the last 12 months
Failure to Comply
If you fail to comply with any of the requirements for a deferred disposition, your case will be set for a show cause hearing