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Deferred disposition vs defensive driving in Texas

Every city posts its own page about deferred disposition; none of them explain the statewide law. Here it is: under Code of Criminal Procedure Chapter 45A (recodified January 1, 2025), a judge can defer judgment on a fine-only ticket for up to 180 days under conditions they set, and on compliance the complaint is dismissed with no conviction, and the dismissed complaint cannot be used against you for any purpose.

Verified against: Texas Courts · TDLR · Texas DPS

  1. Before your appearance date, ask the court for deferred disposition with a guilty or no-contest plea (or after a finding of guilt). art. 45A.302
  2. The judge sets conditions: a special expense fee up to the maximum fine, and possibly community service, a driving safety course, or other reasonable requirements, for up to 180 days. art. 45A.303
  3. Comply, and the judge dismisses the complaint; the docket must note there is no final conviction. Slip up, and judgment is imposed. art. 45A.305
Driving safety courseDeferred disposition
Who says yesAutomatic right if eligibleJudge's discretion
Speed capBlocked at 25+ over or 95+ mphNo speed cap
Repeat useOnce per 12 monthsNo statutory limit; judges decide
Time90 days to finish the courseUp to 180 days of conditions
Cost on top of court costsUp to $10 admin fee + course tuitionJudge-set special expense fee up to the fine amount
CDL holdersExcluded entirelyExcluded for moving violations
OutcomeCharge dismissed, off your recordComplaint dismissed, no conviction

Rule of thumb: eligible for the course? Take the course, it is a right, not a favor. Blocked by the speed cap or a repeat use? Ask for deferred. arts. 45A.301–.359

  • Neither path applies to a work-zone ticket with workers present, and CDL holders are locked out of both for moving violations. arts. 45A.301, 45A.353
  • Under 25 years old? The judge must order a driving safety course as part of deferred disposition anyway, so the course path is usually simpler and cheaper. art. 45A.304

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