DEFERRED DISPOSITION

With a plea of guilty or nolo contendere, you may be eligible for probation or a deferred disposition of your case. The defendant must make the request either in writing or in person before the answer date listed on the citation.

If the Judge grants the Motion for Deferral, the defendant will be placed on probation for a period of time, usually 90 days. As a condition of the probation, the defendant cannot receive any other citations within the State of Texas during the probation period. Defendants under the age of 25 may be required to also complete a defensive driving course as part of their probation.

Other conditions may be imposed on the defendant by either the prosecutor or the judge depending on the age of the defendant and the offense committed. For example, a minor in possession of alcohol may be given community service hours to fulfill as well as completion of an alcohol awareness class.

At the conclusion of the probation, if all the conditions of the probation have been met, the defendant will sign an affidavit attesting to this. Upon review, the Judge will dismiss the citation.

Ineligible for Deferred Disposition:

• Speeding in a school zone
• Leaving the scene of an accident
• Failure to stop and render aid
• Fleeing from a police officer
• Reckless driving
• Overtaking or passing a school bus
• Excessive speed over 25 mph and over
• Offense committed in a construction zone with workers present
• Passing an emergency vehicle