Defensive Driving

Can I Have My Case Dismissed Through Defensive Driving?

If you are charged with an offense involving the operation of a motor vehicle or a motorcycle defined by Subtitle C of the Texas Transportation Code (Rules of the Road), you may require that your citation be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if you do not provide the Court with notice of your request to take the course on or before your appearance date.

You may not take the course if you are taking the course at the time of this request, or if you have completed a course within the 12 months preceding the date of the offense, and the course was taken to secure a dismissal of a traffic citation.

You do not have the right to complete a course if you hold a commercial driver’s license or if you held a commercial driver’s license when the offense was committed.

You do not have the right to complete a course if you are charged with:
(1) Passing a school bus,
(2) Failing to stop and give information or render aid following an accident, or on striking an unattended vehicle or fixture or highway landscape,
(3) A traffic offense committed in a construction and maintenance work zone while workers were present,
(4) Speeding 95 miles per hour or more, or
(5) Speeding 25 miles per hour or more over the posted speed limit.

How to Request a Training Course Dismissal
On or before the appearance date on your citation, you must:
(1) Enter a plea of guilty or no contest;
(2) Waive a trial by jury;
(3) Submit to the Court a Driving Safety Course Request Form;
(4) Hold a valid Texas driver’s license, or be a member, or the spouse or dependent child of a member, of the United States Military Forces serving on active duty; and
(5) Provide proof of automobile liability insurance or other proof of financial responsibility as required by Chapter 601 of the Texas Transportation Code.
Pay court costs and fees in the amount of $135.00
If eligible, you may appear in person on or before your court date or you may submit request via certified mail.
When documents have been submitted and court cost have been paid, the Court will defer the imposition of the judgment for 90 days to allow you to successfully complete the driving safety course or motorcycle operator training course.

DO NOT TAKE THE COURSE UNTIL YOU RECEIVE AN ORDER FROM THE COURT ALLOWING YOU TO DO SO.

Members of the United States Military
If you do not have a valid Texas driver’s license but you are a member, or the spouse or dependent child of a member of the United States military forces serving on active duty, you must submit an affidavit stating that you were not taking a course in another state on the date the request to take the course was made, and that you have not completed such a course within the 12 months preceding the date of the course.

Requesting Your Driving Record
Visit https://www.dps.texas.gov/section/driver-license/how-order-driver-record to order your driving record online. You may also order your driving record from the Texas Department of Public Safety by sending an Application for Copy of Driver Record (DR-1) to:
Driver Records Bureau
Texas Department of Public Safety
Box 149246
Austin, Texas 78714-9246

Completing the Course and Dismissal
If you are allowed to take a driving safety course or motorcycle operator training course, you have 90 days within which to complete the course and present to the Court:

A uniform certificate of driving safety course completion, or verification of completion of the motorcycle operator training course;
Your driving record as maintained by the Department of Public Safety to show that no driving safety course or motorcycle operator training course was completed within the 12 months preceding the date of the offense; and
An Affidavit stating that you were not taking a driving safety course or motorcycle operator training course, as applicable, under Article 45.0511, Texas Code of Criminal Procedure, on the date the request to take the course was made, and that you had not completed such a course that is not shown on your driving record within the 12 months preceding the date of the offense; or if you are a member, or the spouse or dependent child of a member of the United States Military forces serving on active duty who does not have a valid Texas driver’s license, an Affidavit stating that you were not taking a driving safety course or motorcycle operator training course, as applicable, in another state on the date the request to take the course was made and had not completed such a course with 12 months before the offense date.

If you successfully complete the driving safety course or motorcycle operator training course as required, the charge against you will be dismissed.
You may avoid an appearance in Court by submitting the required documentation to the Court, either in person, by email, or by mail, at any time before the date you are required to appear. If you are submitting your proof of completion and affidavit by mail, it is recommended that you keep copies of these documents.

Failure to Comply
If you fail to comply with the requirements for a driving safety or motorcycle operator training course dismissal, the Court will notify you by mail, at your address on file with the Court, or at the address that appears on the citation, of a time and place to appear to show cause why the evidence was not timely submitted to the Court. Failure to appear as required in the notice, or failure to show good cause, will result in the imposition of judgment requiring you to immediately pay the fine.

Defensive Driving Request [PDF]