Deferred Disposition

​Requesting a Deferred Disposition

You may wish to request a 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. Along with your plea of either guilty or nolo contendere, your request for deferred disposition must be submitted in writing in person or by mail..

How does Deferred Disposition work?

If you are granted permission, 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 conditions, such as no additional charges filed during the deferral period, alcohol / tobacco awareness, community service hours, submittal to counseling and/or anger management classes, or any other condition deemed reasonable by the judge. Anyone under the age of 25 must complete a driver’s safety course as a term of probation. If you comply with the court's order, the judge will dismiss your case.

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 or in writing
  • Enter a plea of guilty or no contest
  • Waive the right to have a trial before the Judge or jury
  • Submit a letter to the Judge requesting Deferred Disposition
  • Pay the court costs, fine and a special expense fee
  • Provide 3A copy of your driving record from DPS 
  • Not currently be on probation for another court
Offenses Not Qualifying For Deferred Disposition

In order to request deferred disposition, you must not have been charged with any of the following:

  • Anyone who holds a CDL at the time of offense
  • Any traffic offense committed in a construction zone
  • Failure to Give Information at accident scene
  • Fleeing or attempting to elude a peace officer
  • Leaving the scene of accident
  • Passing or overtaking a school bus
  • Reckless driving
  • 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 (B) of the Texas Code of Criminal Procedure). 

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 complete the terms of your probation set forth by the court. If you do not appear for the Show Cause Hearing, it shall result in a conviction on your record and increased fines. A Capias Pro Fine warrant may be issued for your arrest and you may also be denied renewal of your driver's license until you have paid or disposed of your case. "Failure to Appear Program"


No Insurance (FMFR)

 



A citation for Failure to Maintain Financial Responsibility may be dismissed at no charge if the defendant provides the court with proof of coverage for the date and time of the violation on the vehicle or defendant. The coverage must be verified with the insurance company before dismissal is granted. Complete the "Motion to Dismiss FMFR" form to complete this process. 

Compliance Dismissals 
Find information about registration, inspection, and driver license offenses below:

Offense              Length of Time to
 Comply		 Other Requirement Fee         

Operate motor vehicle with no license plates or with one plate 

 Before defendant's first court appearance  Registration for vehicle must be current during period offense was committed
Registration insignia was attached to the vehicle before the defendant's first court appearance

$10 
Expired Motor Vehicle Registration 20 working days after the offense or before the defendant's first court appearance, whichever is later  Defendant must show proof of payment of late registration fee (penalty fee) to county assessor-collector

$20
Display altered, unclean, or obscured license plates Before the Defendant's First court appearance. None

$10
Expired driver's license 20 working days after the offense or before the defendant's first court appearance, whichever is later  None

$20
Fail to report change of address  20 working days after the offense or before the defendant's first court appearance, whichever is later None

$20
Violate driver's license restriction or endorsement Before the defendant's first court appearance  Driver's License endorsement was imposed because of a physical condition that was surgically or otherwise medically corrected before the date of offense.
The Department of Public Safety removed the endorsement before the defendant's first court appearance

$20
Operate vehicle with defective required equipment (or in unsafe condition)** Before the defendant's first court appearance **Does not apply if the offense includes a commercial motor vehicle 

$10