A Defendant charged with a moving violation or Fail To Maintain Financial Responsibility offense, may be eligible to request Deferred Disposition in order to have a citation dismissed and not appear on the permanent driving record. If a citation is dismissed under this provision, it will not appear as a conviction on the driving record and according to state law, should not affect insurance premiums.
Moving Violation Requirements
A Defendant is eligible for Deferred Disposition at the Clerk's Window or Online for a moving violation if:
- The Defendant shows proof of a valid driver's license (not restricted to a Texas DL);
- The Defendant pays the court costs and the special expense fee of $25, and any other fees in full at the time of the request;
- The Defendant is at least 25 years of age, or if less than 25 years of age, agrees to complete a driving safety course approved under Chapter 1001, Texas Education Code;
- The Defendant is not the holder of a provisional driver's license; and/or
- The Defendant does not currently have a citation in the Deferred Disposition status in Deer Park.
Fail To Maintain Financial Responsibility (FMFR) Violation Requirements
A Defendant is eligible for Deferred Disposition at the Clerk's Window for FMFR if:
- The Defendant provides proof of insurance in effect at the time of the request; and/or
- The Defendant pays $300, which includes court costs and a special expense fee, and any other fees in full at the time of the request.
A Defendant is NOT eligible for Deferred Disposition at the Clerk's Window for any violation if:
- The Defendant is the holder of a Commercial Driver's License;
- The offense occurred in a construction or maintenance zone when workers are present;
- The Defendant was involved in an accident;
- The offense involves passing a school bus;
- The offense involves failing to obey a school crossing guard;
- The offense involves speeding in excess of 25 mph or more over the posted speed limit or in excess of 85 mph; and/or
- The case is in "Warrant Status" as defined by the Court's Standing Orders.
Any person who receives a citation with an offense not mentioned above, including an accident offense, may request Deferred Disposition at their scheduled arraignment.
Upon approval by the judge, you will be required to pay any state costs and post a bond in an amount as designated by the judge. This bond is set in court and is determined by the charges filed against you. The Defendant will be required to pay a special expense fee at the time the Deferred Disposition is granted. This special expense fee will not exceed the maximum fine amount authorized by state law. If the Defendant completes the required terms, the case is dismissed. All dispositions may be deferred up to 180 days.
Be prepared to pay the state costs and bond on the date of your arraignment. All Deferred Disposition fees are collected on the date of your request. If all stipulations of the deferred disposition are met, the citation will be dismissed at the end of the deferral period.
Any defendant under 25 years of age requesting Deferred Disposition shall be required to take the driver's safety course as a stipulation of their deferred disposition for all moving violations according to state law.
Defendants 16 years of age or younger must make a formal court appearance in front of a judge with a parent or legal guardian in order to request Deferred Disposition.
Persons, other than juveniles, may request Deferred Disposition between the hours of 8:15 a.m. - 4:45 p.m., Monday - Friday, before the scheduled court date. If the request is not made by the court date, a person may lose this option.
Failure to Comply
If you fail to comply with the order of deferred disposition, your case will be set for a show cause hearing. Notice of this hearing will be mailed to the last known address on the court's records. This is your opportunity to "show cause" as to why you failed to comply with the deferred disposition before the judge. There are no resets for a show cause hearing.
Note: the Municipal Court does not answer any legal questions of any nature. The personnel are allowed to explain court proceedings and procedures only. If you need legal advice, please contact an attorney.