Driver's Safety Course and Request

Driving Safety Course (Not for commercial drivers license holders.)

You may be able to request that a charge be dismissed by taking a driving safety course. However, you will lose that right if you do not provide written notice to the court of your desire to do so on or before your Initial Appearance date. A written notice is a notarized affidavit of eligibility or sworn request. Do NOT take the course until you have obtained permission from the court.

Disqualification for Dismissal of your Citation by way of a Driver Safety Course:

Texas Transportation Code:

  • Sec. 545.066 Passing a school bus;
  • Sec. 545.421 Fleeing or attempting to elude a police officer;
  • Sec. 550.022 Accident involving damage to vehicle; or
  • Sec. 550.023 Duty to give information and render aid


Eligibility Requirements for Driving Safety Course are as follows:

1. You must enter a written plea of Guilty or No Contest (See Forms Below);

2. You must possess a valid Texas Driver's License;

3. You must possess Texas Liability Insurance valid the day of your request;

4. Pay Special Expense fee: 

  •  For violation received prior to 12/31/2019  fee amount is $134.00 or ($159.00 if the violation occurred in a School Zone);
  •  For violation received after 01/01/2020 fee amount is $139.00 or ($164.00 if the violation occurred in a School Zone)

5. You can not be charged with speeding in excess of 24 miles per hour;

6. You can not currently be taking the course for another citation;

7. You do not have a commercial driver's license;

8. You were not charged with a violation in a construction zone with workers present; and

9. Your driving record can not reflect completion of a driving safety course within the twelve months preceding the date of the alleged offense.

You must provide the court with a sworn affidavit of eligibility listing all requirements that must be notarized and filed with the court by your Initial Appearance date. If you appear in person at the Court Clerks Office, please bring your valid Texas driver's license, insurance proof (showing that you were covered the date you received the citation and the date of your request) and administrative fee payment. A Court Clerk will notarize the court's affidavit for you at no extra charge. Upon court approval to take the course, you will have ninety days in which to provide the court with the two following documents:

1. The "court certificate" of completion of the driving safety course from an agency approved by the Texas Education Agency and

2. A certified copy of your driving record as maintained by the Texas Department of Public Safety. Please request this immediately, as it may take several weeks to receive. See below for link.

If these two documents are not filed with the court within ninety days, you may be responsible for payment of the fine, thereby having the offense reported on your driving record and a warrant may be issued for your arrest.

Forms

You may obtain the required form for this motion here: Sworn request Driver Safety Course (PDF).

Texas Department of Public Safety for Driving Record: Click Here