Requesting Deferred Disposition

You may wish to request deferred disposition to keep the offense you have been charged with from appearing on your driving and/or criminal record. It will also keep points from being assessed to your driver's license as required by the Texas Surcharge Program. Requests for deferred disposition must be submitted in person. The case is suspended for a period of time (between 1 to 180 days) set by the judge. Fees are assessed as a penalty, to include a special expense fee as prescribed by the judge. The judge may require additional condictions, such as no additional charges filed during the deferral period, alcohol/tobacco awareness classes, community service hours, submittal to counseling and/or anger management classes, or any other condiction deemed reasonable by the judge. Anyone under the age of 25 must complete a driver's safety course as a term of the probation if the offense is classified as a moving violation. If you comply with the court's order, the judge will dismiss your case.

* Deferred Disposition is discretionary with the court and must be approved by the judge.

Requirements

In order to request deferred disposition, you will be required to do the following:

• Appear on or before your initial appearance date in person
• Enter a plea of guilty or contest
• Meet any additional condictions or requirements of the judge
• Pay the court costs and special expense fee
• Waive the right to have a trial before the judge or jury

Offenses Not Qualifying For Deferred Disposition

• Anyone who holds a CDL at the time of the offense
• Any traffic offense committed in a construction zone
• Passing a school bus
• Serious traffic violation as defined by the Transportation Code, which applies to drivers with a Commercial Driver's License (CDL)
• Speeding 25 mph over the limit or more

Note: As of September 1, 2003, you are not eligible for Deferred Disposition if you possess a Class A or B driver's license, even if you are in a personal vehicle (refer to Article 45.051 of the Texas Criminal Code).

Failure to Comply

If you fail to comply with the conditions or requirements as ordered by the judge, you will be required to appear before the court and show cause as to why you have failed to comply.

If you do not appear for the show cause hearing, a Capias Pro Fine warrant may be issued for your arrest. Failure to comply may result in a conviction on your record and increased fines.