Deferred Disposition is a form of probation, which allows for dismissal of a citation if certain criteria are met. The probationary period is 90 to 180 days, depending on the type of violation, and begins when the fees are paid.
Advantages of Deferred Disposition
With successful completion of Deferred Disposition, there is not a final conviction and the complaint may not be used against you for any purpose. A conviction will not be reported.
If you are under the age of 25 years you are required by Texas law to attend a Drivers Safety Course as a condition of deferred disposition.
You are not eligible for Deferred Disposition if:
- You were charged with speeding 25 miles or more over the speed limit.
- You are charged with a violation in a construction or maintenance work zone when workers are present.
- You hold a Commercial Driver's License or held one at the time you were cited for the offense.
Requesting Deferred Disposition
To request Deferred Disposition, you must:
- Appear in person at the Court within 20 days from the date of your citation. Requests for deferred disposition will not be accepted by fax or phone.
- Enter a plea of Guilty or No Contest and complete an Application for Deferred Disposition.
- Pay the deferred fees in full. In most cases the deferred fee is the standard fine amount including state court costs plus $20 special expense fee. 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.
Failure to Comply with the Deferred Order
If you fail to meet the terms of the Deferred Order:
- A final judgment of Guilty will be entered by the Judge.
- A conviction will be reported to the State as required. Please note that a conviction of an offense under a traffic law of this state or a political subdivision of this state may result in the assessment on your driver's license of a surcharge under the Driver Responsibility Program (Transportation Code 708.105).