Deferred Disposition and Affidavit
DEFENDANTS WHO HAVE A COMMERCIAL DRIVER LICENSE (CDL) ARE NOT ELIGIBLE FOR DEFERRED DISPOSITION, EVEN IF THEY WERE DRIVING A PERSONAL VEHICLE.
Deferred Disposition options are available to those who are eligible. If all terms required by the court are successfully met, the case will be dismissed. If any requirements are not met and you cannot provide a satisfactory reason why at a hearing before a judge, you will be found guilty and a conviction reported to the Texas Department of Public Safety.
- Moving violations, with no accident or injury, and not in a construction when workers were present.
- Speeding: only where the Defendant's speed was less than 25 miles per hour over the posted speed limit.
- Term of probation is a maximum of six (6) months.
- Defendant may not receive another conviction in the State of Texas for same type of offense during the Deferral period.
- Defendant must be required to pay a special expense fee within thirty (30) days of the recommendation for deferred disposition.
- Deferral period begins when special expense fee is paid in full.
Failing to Comply with the Terms
If you fail to comply with any of the requirements of the Deferred Disposition, your case will be set for a Show-Cause Hearing. The hearing is your opportunity to speak with a judge regarding why you failed to comply with terms of your deferred disposition. If you fail to appear at your hearing, a conviction will be entered, the conviction will be placed on your record, and, if there is still a balance on the case, a warrant for your arrest will be issued.
For an Affidavit to request Deferred Disposition click here. You will need to complete the form and mail or fax to the court.