Texas
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
- 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
- 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
- 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 course | Deferred disposition | |
|---|---|---|
| Who says yes | Automatic right if eligible | Judge's discretion |
| Speed cap | Blocked at 25+ over or 95+ mph | No speed cap |
| Repeat use | Once per 12 months | No statutory limit; judges decide |
| Time | 90 days to finish the course | Up to 180 days of conditions |
| Cost on top of court costs | Up to $10 admin fee + course tuition | Judge-set special expense fee up to the fine amount |
| CDL holders | Excluded entirely | Excluded for moving violations |
| Outcome | Charge dismissed, off your record | Complaint 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