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Short answer
If you qualify, defensive driving is usually the better choice in Texas: it's a right, the court fee is capped at $10 plus court costs, and the charge is dismissed. Deferred disposition is up to the judge and can cost up to the maximum fine, but it's open to drivers who can't use the course, such as those who took one in the last 12 months or were going 25+ mph over the limit.
In Texas there are two common ways to keep a traffic ticket off your record without fighting it in court: dismissal through a driving safety course (“defensive driving”) and deferred disposition (a kind of probation). They work differently and cost different amounts.
The short version
- Use defensive driving if you qualify. It’s a right, the fee is capped at $10 plus court costs, and the ticket is dismissed once you file your documents.
- Ask about deferred disposition if you don’t — for example, you took a course in the last 12 months, you were going 25 mph or more over the limit, or you don’t have a Texas license. It’s up to the judge and usually costs more.
Side by side
| Defensive driving dismissal | Deferred disposition | |
|---|---|---|
| Law | Arts. 45A.351–45A.359 | Arts. 45A.301–45A.307 |
| Is it a right? | Yes, if you meet the conditions | No — the judge decides |
| Court fee | Up to $10 per charge, plus court costs | A special expense fee up to the maximum fine for the offense, plus court costs |
| Time | 90 days to finish and file | Up to 180 days of probation |
| What you must do | Take a 6-hour course; file the certificate, Type 3A record and affidavit | Whatever the judge sets — for example, no new tickets, a course, or other conditions |
| 12-month limit | Yes — no course in the previous 12 months | No such limit in the statute |
| Speed limit | Not for 25+ mph over or 95+ mph | No speed cap in the statute |
| Texas license needed | Yes (or active-duty military and family) | Not required by the statute |
| CDL holders | Not available | Not available for traffic offenses (except parking) |
| Work-zone offenses (workers present) | No right to it | Not available |
| Result | Charge dismissed; not on your driving record | Complaint dismissed; not a final conviction |
Deferred disposition in more detail
- The judge may put your case on hold for up to 180 days without finding you guilty (Art. 45A.302).
- The judge can charge a special expense fee of up to the maximum fine for the offense. It can be waived for good cause, paid in installments, or replaced with community service.
- The judge can set conditions — for example, posting a bond, paying restitution, taking a driving safety course, or any other reasonable condition (Art. 45A.303).
- Drivers under 25 with a moving violation must take a driving safety course as a condition. If you have a provisional license, you also have to retake the DPS driving exam (Art. 45A.304).
- If you meet the conditions, the judge dismisses the complaint. It isn’t a final conviction and can’t be used against you (Art. 45A.305).
- If you don’t, the court holds a hearing and can impose the fine, which is a conviction (Arts. 45A.306–45A.307).
How to ask
Both are requested from the court that issued your ticket, usually by the answer date on your citation. Courts often have one form for both — see your court’s page.
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
Is deferred disposition better than defensive driving in Texas?
If you qualify for defensive driving, it's usually cheaper: the court fee is capped at $10 plus court costs. Deferred disposition can cost up to the maximum fine for the offense, plus court costs. Deferred disposition is mainly useful when you can't use defensive driving.
Can I get deferred disposition if I took defensive driving within 12 months?
The deferred disposition articles don't have a 12-month limit, so it can be an option. It's up to the judge.
Can a CDL holder get deferred disposition in Texas?
No. Deferred disposition isn't available for traffic offenses (other than parking) committed by a current or former CDL holder, and the defensive driving dismissal isn't available to CDL holders either.
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
This page is general information about Texas rules, not legal advice. Follow the instructions on your citation and from your court.