Deferred Disposition

General Information

• The Defendant must enter a plea of Guilty of No Contest.
• The Defendant shows proof of a valid driver's license (not restricted to Texas)
• You must pay a special expense fee totalling the amount of your fine plus $25.00
• The length of the deferral period is typically 90 to 180 days.
• Deferred Disposition paperwork cannot be processed for a juvenile unless granted in open court with a parent or legal guardian present.
• If the defendant complies with the terms of the Deferred Disposition, an order to dismiss will be executed by the Judge.
• If the defendant does not comply with the terms of the Deferred Disposition, the defendant will be set for a show cause hearing.
• If the defendant fails to comply with the terms of the Deferred Disposition, the Judge may find you “guilty” which may result in a conviction being reported to your driving record.

Eligibility

Moving Traffic Violations

A defendant is eligible for deferred for a moving traffic violation if:

• The Defendant shows proof of a valid driver’s license (not restricted to Texas);
• The Defendant is at least 25 years of age, or if less than 25 but at least 17 years of age, agrees to complete a driving safety course (DSC) approved under Chapter 1001, Texas Education Code as a condition of the deferred.
• The Defendant is not the holder of a provisional or commercial driver’s license.

A defendant is not eligible for deferred for a moving traffic violation if:

• The Defendant is the holder of any class of a commercial driver's license (CDL).
• The Defendant is a juvenile (between the ages of 10 and 16).
• The Offense occurred in a construction or maintenance work zone while workers were present, and the citation issued for the violation states that workers were present.
• The offense involves one of the following:
  • an accident
  • failing to remain at the collision scene
  • failing to give information and/ or aid
  • failing to obey a school crossing guard
  • speeding in excess of 25 mph over the posted speed limit

Failure to Maintain Financial Responsibility

A defendant is eligible for deferred for a failure to maintain financial responsibility violation if:

• The defendant shows proof of a valid driver's license (not restricted to Texas);
• The defendant provides valid proof of insurance as a named driver or insured, on the day of the request for deferred.
• The clerk verifies the insurance is valid for the defendant using the newly prepared insurance verification form.

Driver's License Offenses

A defendant is eligible for deferred for any Texas driver's license violation if:

• The Clerk is able to verify that the defendant's driver's license is valid on the date of the request for deferred by verifying with the Texas Department of Transportation (DPS) website, and including a copy of the webpage as proof of status.
• The clerk verifies the defendant holds a current occupational license and presents the order or the license to the court.

Requesting Deferred Disposition

You may request deferred disposition in person, or by email with the following items:

• Let us know what plea you would like to enter, No Contest or Guilty, choose 1 only
• A copy of your valid Texas Driver's License
• A copy of your valid insurance ID card showing your name on the policy and current (if requesting deferred for Fail to Maintain Financial Responsibility)
• Let us know if you can pay the special expense fee today, or need time (ex: 30, 60 or 90 days)
• Once the court receives your request via email and you have submitted all required information, we will email you the documents to sign via DropBox, which must be completed by 4:00 p.m. on your request date in order to set you up. If not, your case will remain in its current status and you will then be required to appear in person to process this request.