Driver's Safety Course / Deferred Disposition

DRIVER’S SAFETY COURSES

Drivers with commercial licenses are not eligible for driver safety course dismissals.

If you are charged with a traffic offense, you may be eligible to ask the judge to take a driving safety course to dismiss the charge. The request must be made on or before the appearance date on the citation. It must be made in person, by counsel, by mail, or email. If you are under age 17, you must appear in open court with a parent or guardian to make the request. DO NOT TAKE THE COURSE WITHOUT FIRST RECEIVING PERMISSION FROM THE COURT. If you were operating a motorcycle, you must take a motorcycle operator’s training course. If you are charged with allowing a child to ride unsecured in a seat belt or a child passenger safety seat system, you must take a special driving safety course that has four hours training on child passenger safety seat systems.

 At the time of the request, you must do the following:

1. Complete Request Form ;
2. Pay administrative fee of $144.00
3. Present proof of financial responsibility (insurance); and
4. Present a Texas driver’s license or permit, or present proof of being a member of the United States military forces serving on active duty;

To be eligible, you:

1. Cannot have taken a driving safety course or motorcycle operator course for a traffic offense within the last 12 months from the date of the current offense;
2. Cannot be currently taking the course for another traffic violation;
3. Cannot be the holder of a commercial driver’s license (CDL) or held a CDL at the time of the offense; and
4. Have not committed one of the following serious traffic violations:

• Failure to Give Information at Accident Scene;
• Leaving Scene of Accident;
• Passing a School Bus;
• A serious traffic violation, which applies to commercial motor vehicle operators;
• An offense in a construction maintenance work zone when workers are present; or
• Speeding 25 mph or more over limit; or
• Speeding 95 or more mph

The case will be deferred for 90 days. During that time you must:

1. Complete a driving safety course approved by the Texas Education Agency or a motorcycle operator’s course approved by the Department of Public Safety and present the court copy completion certificate to the court.
2. Present a certified copy of your driving record (Form 3A) from the Department of Public Safety that shows that you have not had a driving safety course within the preceding 12 months from the date of the current offense; and

If you do not present the required documents in time, the court will notify you to return to court. The judge may, but is not required to, allow you to file the proper papers at that time. Your failure to be present at that hearing will result in a conviction, a fine being assessed, and a warrant for your arrest being issued.

DEFERRED DISPOSITION

Drivers with commercial licenses are not eligible for deferred dispositions dismissals.

Deferred Disposition is a process in which the judge requires the defendant to adhere to certain terms. If a defendant successfully completes those terms, the case will be dismissed. Terms may include, but are not limited to, refraining from committing certain violations during a specified time period, attending a defensive driving class, or completing a specified number of community service hours. If the defendant does not complete the terms of deferred disposition an additional fine may be imposed and a conviction entered on their driving record.

If you wish to request deferred disposition you may appear in Van Municipal Court in person or submit online, fax or mail the deferred disposition form. All requests submitted will be reviewed by the Judge for consideration for granting a deferral.

ELIGIBILITY FOR DEFERRED DISPOSITION ON TRAFFIC CASES - YOU MUST MEET ALL CRITERIA BELOW:

1. You must enter a written Request ;
2. Court costs will be required to be paid at time of deferral;
3. If you are age 25 or under at the time of the offense, driving safety course is mandatory (if a moving violation).

YOU ARE NOT ELIGIBLE IF ANY OF THE FOLLOWING APPLY:

1. If the offense is a serious traffic violation and would not be eligible for a driving safety course as stated below:
   1. leaving the scene of an accident
   2. Fail to stop and give information and render aid
   3. Fleeing from police officer
   4. Reckless driving
   5. Overtaking or passing a school bus
   6. Excessive speeding 25 miles per hour and over
   7. Speeding at 95 mph or greater
   8. Any offense in a construction zone when workers were present