Deferred Disposition

Deferred Disposition

Deferred Disposition is an option that will keep your citation from being reported as a conviction on your driving record. The judge may "defer" or postpone the disposition of your case and place you on probation for a specified period of time, usually 90-180 days. During your probation, you must comply with certain terms and conditions, and if you do, your case will be dismissed and no conviction will be reported on your record.

Moving Violations 

Moving violations are driving offenses such as speeding, running a stop sign, or failing to yield. You may be eligible to request one of the two options detailed below. If successfully completed, these options result in a dismissal, preventing a conviction. If you do not meet the conditions for either option, you can schedule a hearing. Alternately, you can pay the fine for a conviction or seek the counsel of an attorney.

Requirements

In order to request deferred disposition, you will be required to do the following:

• Appear on or before your initial appearance date in person or in writing
• Enter a plea of guilty or no contest
• Meet any additional conditions or requirements of the judge
• Not currently be on probation in the City of Kennedale
• Pay the court costs, fine and a special expense fee
• Submit a request for deferred disposition (MUST include a copy of a valid driver's license) either online; or in person or via mail or fax (PDF)
• Waive the right to have a trial before the judge or jury

Offenses Not Qualifying For Deferred Disposition

In order to request deferred disposition, you must not have been charged with any of the following:

• Anyone who holds a Commercial Driver's License (CDL) at the time of offense
• Any traffic offense committed in a construction zone
• Failure to Give Information at accident scene
• Fleeing or attempting to elude a peace officer
• Leaving the scene of accident
• Passing or overtaking a school bus
• Reckless driving
• Serious traffic violation as defined by the Transportation Code, which applies to drivers with a CDL
• Speeding 25 mph over the limit or more

Note: As of September 1, 2003, you are not eligible for Deferred Disposition if you possess a Class A or B driver's license, even if you are in a personal vehicle (refer to Article 45.051 (B) of the Texas Code of Criminal Procedure).

Failure to Comply

If you fail to comply with the conditions or requirements as ordered by the judge, you will be required to appear before the court and show cause as to why you have failed to complete the terms of your probation set forth by the court. If you do not appear for the Show Cause Hearing, it shall result in a conviction on your record and increased fines. A Capias Pro Fine warrant may be issued for your arrest and you may also be denied renewal of your driver's license until you have paid or disposed of your case.