Deferred disposition is a way of having your citation dismissed after satisfactory completion of a probationary period during which no additional convictions are received, and after all requirements imposed in the deferred order are satisfied. The probationary period is 90 to 180 days, depending on the type of violation, and begins when the fees are paid. With successful completion of deferred disposition, there is not a final conviction, the complaint may not be used against you, and the conviction will not be reported.
Deferred Disposition Process
- You must appear in person at the Court within twenty (20) days from the date of your citation to fill out an application for Deferred Disposition or if eligible you may . Requests for Deferred Disposition will not be accepted by fax or phone.
- You must enter a plea of Guilty or No Contest and complete an Application for Deferred Disposition.
- You must pay the deferred fees in full. In most cases, the deferred fee is the standard fine amount including state court costs. 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.
- If you are under the age of twenty-five (25) years you are required by Texas law to attend a Driving Safety Course as a condition of deferred disposition.
- If you hold a provisional license (under 18 years of age), you are also required by Texas law to take the DPS driving test as a condition of deferred disposition.
- You can not currently be on Deferred in the City of Fate or any other jurisdiction or have been granted Deferred in the City of Fate within twelve (12) months prior to the date of the request.
A defendant is not eligible for Deferred Disposition for a moving violation if:
- The offense occurred in a construction or maintenance work zone when workers were present.
- The driver is a holder of a Commercial Drivers License or held one at the time cited for the offense.
Failure to Comply
If you fail to comply with any of the requirements for a deferred disposition, your case will be set for a show cause hearing.