Driving Safety

Course

  • If you are charged with a traffic offense, you may be eligible to ask the judge to take a driving safety course to dismiss the charge
  • The request must be made on or before the appearance date on the citation
  • The request must be in person, by counsel, by certified mail or by email (if under 17, you must appear in open court with a parent or guardian to make the request)
  • If you were operating a motorcycle, you may be required to take a motorcycle operator's training course

Eligibility

  • Cannot have taken a driving safety course or motorcycle operator's course for a traffic offense within the last 12 months from the date of the offense
  • Cannot currently be taking the course for another traffic violation
  • Cannot be the holder of a Commercial Driver's License (CDL) or have held a CDL at the time of the offense

Exclusions

You are not eligible for a driving safety course for the following serious traffic offenses:

  • Failure to Give Information at Accident Scene
  • Accident involving damage to vehicle
  • Leaving Scene of Accident
  • Failure to render aid
  • Passing a school bus
  • Offense in a construction zone/workers present
  • Reckless driving
  • Following too closely
  • Improper or erratic lane change
  • Speeding 25 miles per hour (mph) or more over the speed limit
  • Speeding 95 mph or more regardless of speed limit

Requirements

  • You must plead guilty or no contest
  • Pay court costs of $144
    • For speeding in a school zone pay $169
  • Present proof of financial responsibility (insurance) with your name listed as a driver
  • Present a valid Texas Driver's License or permit
  • Present valid Driver's License from any state if active military, spouse or dependent child of active military

Driving Safety Dismissal

The case will be deferred for 90 days. During that time you must:

  • Complete a driving safety course approved by the Texas Education Agency or a motorcycle operators course approved by Texas Department of Public Safety (TXDPS)
  • Present a certificate of completion to the court along with a certified copy of your driving record from TXDPS that shows that you have not completed a driving safety course within the preceding 12 months from the date of the current offense
  • Swear to an affidavit that you were not taking a driving safety course at the time of the request for the current offense and that you have not taken one that is not shown on your driving record

Failure to Comply with Requirements

If you do not present the required documents in time, the Municipal Court will notify you to return to the court and explain why you failed. The judge may, but is not required to, allow you to file the proper papers for an extension at that time. Your failure to be present at that hearing will result in a conviction, a fine being assessed, and a capias pro fine warrant for your arrest being issued.