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Short answer
Yes, in most cases. Under Texas Code of Criminal Procedure Art. 45A.352, the court must let you dismiss a moving violation with a 6-hour TDLR-approved driving safety course if you have a Texas license, haven't taken a course in the 12 months before the offense, plead guilty or no contest and ask by the answer date on your citation, weren't going 25+ mph over the limit or 95+ mph, show proof of insurance and don't hold a CDL. You then have 90 days to file the certificate, a Type 3A driving record and an affidavit.
If you got a traffic ticket in Texas, you can often get it dismissed by taking a 6-hour driving safety course — usually called “defensive driving”. If you qualify, the court must let you do it, and the ticket stays off your driving record.
The rules are in Articles 45A.351 to 45A.359 of the Texas Code of Criminal Procedure. They replaced the old Article 45.0511 on January 1, 2025, and were updated again on September 1, 2025. Some older websites still describe the old rules.
Who qualifies
The judge must let you take the course (Art. 45A.352(a)) if all of these are true:
- You have a Texas driver license or permit — or you’re on active military duty, or the spouse or dependent child of someone who is.
- You haven’t completed a driving safety course in the 12 months before the date of the offense.
- You plead guilty or no contest and ask for the course on or before the answer date on your citation.
- The ticket is an eligible offense (see below), and you weren’t speeding 25 mph or more over the limit or at 95 mph or more.
- You can show proof of insurance.
Not sure? Use our eligibility checker.
Which tickets are eligible
- Age 25 or older: “rules of the road” offenses in Transportation Code Subtitle C — speeding, running a light or stop sign, unsafe lane changes, failing to yield and similar — plus ignoring warning signs and barricades.
- Under 25: any moving violation in a justice or municipal court.
Tickets for no insurance, registration or driver license offenses aren’t rules-of-the-road violations, so the course doesn’t apply to them.
Who can’t use it
- Commercial driver license (CDL) holders, or anyone who held a CDL when the offense happened — even in a personal car (Art. 45A.351(c)).
- Speeding 25 mph or more over the limit, or 95 mph or more.
- Passing a stopped school bus, and leaving the scene or failing to give information after a crash (Art. 45A.353).
- Work-zone offenses where the citation says workers were present (Art. 45A.353; Transportation Code §542.404).
The law also excludes “serious traffic violations”. The term isn’t defined in this chapter, and courts generally apply the 25 mph and 95 mph speeding limits above; if your ticket is for reckless driving or something similar, ask the court.
If you missed the deadline or took a course recently
You lose the automatic right, but the judge may still allow the course before your case is decided (Art. 45A.352(c)). If so, the court can charge a fine up to the maximum for the offense instead of the $10 fee. Contact the court as soon as you can.
Step by step
- Find the answer date on your citation. That’s your deadline to respond. Your citation must say you’ll lose the right to the course if you don’t ask by then.
- Plead guilty or no contest and request the course on or before that date. You can do it:
- in person (or through a lawyer);
- by certified mail, return receipt requested, postmarked on or before the answer date; or
- by the court’s email address or online portal, if your court offers one (allowed since September 2025). Many courts have a request form — check your court’s page.
- Pay the court. Court costs are usually due when you make the request, plus an administrative fee of up to $10. Since September 2025, one course can dismiss several eligible charges from the same stop, but the court can charge the $10 fee for each.
- Take a TDLR-approved course within the time the court gives you. Online courses are approved.
- Order your driving record from Texas DPS — the Type 3A certified record. See how to get your Texas driving record.
- File your documents with the court within 90 days (Art. 45A.356):
- the course completion certificate;
- your Type 3A driving record;
- an affidavit that you weren’t already taking a course when you asked, and haven’t completed one in the 12 months before the offense that isn’t on your record.
- The court dismisses the ticket and reports the course to DPS.
The course
- It’s a 6-hour course with at least 5 hours of instruction, approved by the Texas Department of Licensing and Regulation (TDLR).
- You can take it online or in a classroom. Only TDLR-approved providers count — check with the TDLR provider search.
- TDLR says you should get your certificate within 14 days of finishing. Leave time for it before your 90 days run out.
What it costs
| Item | Cost |
|---|---|
| Court administrative fee | Up to $10 (per eligible charge) |
| Court costs | Set by law; ask your court |
| The course | At least $28 by law ($25 plus at least $3 for materials); online courses typically about $28–$49 |
| Type 3A driving record from DPS online | $12 |
If the court gets your driving record for you, it can charge a $10 fee plus a $2 portal fee instead (Art. 45A.359). The fee isn’t refunded if you request the course and then don’t take it.
What happens if you don’t finish
The court sends you a notice to come in and show why you didn’t finish. If you don’t appear, or can’t show good cause, the court finds you guilty and imposes the sentence (Art. 45A.356). If you’re running late, ask the court for more time before the 90 days end — it can allow extra time for good cause (Art. 45A.355).
Your record and insurance
- A dismissed charge “may not be part of a person’s driving record or used for any purpose” (Art. 45A.357).
- DPS records that you completed a course, but not why. That’s how courts check the 12-month rule.
- Insurers can’t cancel your policy or raise your premium because you took the course or had the charge dismissed.
- Insurance discounts: many insurers give one for completing defensive driving, but no Texas law requires it or sets the amount — the Texas Department of Insurance says each company decides. Ask your insurer.
If you can’t use the course
The main alternative is deferred disposition: the judge puts the case on hold for up to 180 days, and dismisses it if you meet the conditions. It’s at the judge’s discretion and usually costs more. Compare the two in deferred disposition vs defensive driving.
Drivers under 17
If you’re under 17, the judge must take your plea in open court with a parent or guardian present (Art. 45A.452), so you usually can’t request the course by mail. Contact the court.
Choose an approved course
Only a course approved by the state counts. Use the official list to pick any approved provider, online or in a classroom.
Frequently asked questions
How often can you take defensive driving to dismiss a ticket in Texas?
You have the right to it if you haven't completed a driving safety course in the 12 months before the date of the offense. The 12 months are counted back from the offense date, not from when you ask. A judge may still allow a second course within 12 months, but can charge a fine instead of the $10 fee.
How long do I have to complete defensive driving for a ticket in Texas?
The court gives you 90 days to complete the course and file your certificate, driving record and affidavit (Art. 45A.356). The court can allow more time if you show good cause. Your court's letter tells you the exact date.
Can I take defensive driving if I have a CDL in Texas?
No. The ticket dismissal course doesn't apply to anyone who holds a commercial driver license or held one when the offense happened, even if they were driving a personal car.
How fast can you go to take defensive driving in Texas?
Speeding 25 mph or more over the posted limit, or at 95 mph or more, isn't eligible. Under that, speeding tickets generally qualify.
Does defensive driving keep a ticket off my record in Texas?
Yes. A charge dismissed this way may not be part of your driving record or used for any purpose (Art. 45A.357). The fact that you completed a course is recorded by DPS, which is how the 12-month rule is checked.
Do I get an insurance discount for defensive driving in Texas?
Many insurers offer one, but Texas law doesn't require it or set an amount — the Texas Department of Insurance says each company decides. The law does stop insurers from cancelling your policy or raising your premium because you took the course or had the charge dismissed.
Does your Texas ticket qualify?
Answer a few questions to see whether you're likely to be eligible for a driving safety course, and work out your deadlines.
Sources
- Texas Code of Criminal Procedure, Chapter 45A (Arts. 45A.351–45A.359)
- Texas Transportation Code §542.404 — work zone offenses
- TDLR — Taking a driving safety course
- TDLR — Driving safety provider search
- TDLR — Course of organized instruction, six-hour driving safety (PDF)
- TDLR — Providers must charge students minimum fees (2024)
- Texas DPS / Texas.gov — Driver record FAQ (record types and prices)
- Texas Department of Insurance — Companies may offer auto insurance discounts
This page is general information about Texas rules, not legal advice. Follow the instructions on your citation and from your court.
