Last Updated on June 26, 2025 by Beltz Law Group
Traffic Ticket Defense in North Texas
North Texas Traffic Tickets: How Deferred Disposition Can Protect Your Record
One of the most effective strategies a traffic ticket attorney uses to achieve a dismissal is an agreement for “deferred disposition.” While many people are familiar with the term, the exact mechanics of how it leads to a case dismissal and protects your record can be unclear. This article aims to shed light on what deferred disposition means in Texas and how it can prevent a traffic ticket from appearing on your permanent driving record.
After reading this article, if you have questions about your traffic ticket in Grand Prairie, Texas, or wish to discuss your options, please contact our office at 214-321-4105.
What is Deferred Disposition?
Deferred disposition is a special type of agreement, typically negotiated by your Grand Prairie traffic ticket attorney with the prosecutor or granted by the judge, where the court “defers” (postpones) entering a finding of guilt. Instead of an immediate conviction, you are placed on a probationary period during which you must meet certain conditions.
Common conditions of deferred disposition include:
- No new traffic violations: For a specified period, typically 90 to 180 days, you must not receive any new traffic citations.
- Payment of a deferral fee: This fee is similar to a fine but is a condition of the deferral rather than a penalty for a conviction.
- Completion of a Driver Safety Course (DSC): In some cases, particularly for younger drivers or certain types of offenses, completing an approved driver safety course may be a required condition.
If you successfully adhere to all the conditions of the deferred disposition agreement, at the end of the deferral period, the case will be dismissed. This is the key benefit: the case is treated as if it never resulted in a conviction.
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Why is Dismissal through Deferred Disposition So Important?
Preventing a conviction on your driving record through deferred disposition is crucial for several reasons:
- No Reporting to DPS: When a case is dismissed via deferred disposition, it generally cannot be reported to the Texas Department of Public Safety (DPS) as a conviction. This is vital because DPS maintains your official driving record, which is used for various purposes.
- Protection of Driving Privileges: Convictions on your DPS record can lead to point accrual. Accumulating too many points can trigger Driver Responsibility Program Surcharges, which are annual fees assessed by the state for three years. In some cases, too many convictions can even lead to the suspension of your driver’s license.
- Lower Insurance Rates: Insurance companies regularly check your driving record. A clean record, free of traffic convictions, helps you maintain lower insurance premiums. Avoiding a conviction through deferred disposition can save you significant money on insurance costs over time.
- Avoiding a Criminal Record: Most traffic tickets are Class C misdemeanors. While generally considered minor, a conviction does become part of your criminal record. Deferred disposition helps you avoid this as well.
The Law: Courts Prohibited from Reporting Deferred Dispositions
The legal framework supporting deferred disposition and preventing its reporting is outlined in the Texas Transportation Code. While the prior Article 45.051 of the Code of Criminal Procedure handled deferred adjudication, the law was reorganized and updated, with the relevant provisions now found in Article 45A of the Code of Criminal Procedure, specifically within Subchapter G, Article 45A.302 (Deferred Disposition) and subsequent articles.
The corresponding provision in the Texas Transportation Code Section 543.204 still prohibits the submission of records for cases resolved through deferred disposition:
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Sec. 543.204. SUBMISSION OF RECORD PROHIBITED. (a) A justice of the peace or municipal judge who defers further proceedings, suspends all or part of the imposition of the fine, and places a defendant on probation under Article 45A.302, Code of Criminal Procedure, or a county court judge who follows that procedure under Article 42.111, Code of Criminal Procedure, may not submit a written record to the department, except that if the justice or judge subsequently adjudicates the defendant’s guilt, the justice or judge shall submit the record not later than the seventh day after the date on which the justice or judge adjudicates guilt. (b) The department may not keep a record for which submission is prohibited by this section. (c) The department may receive a record prepared by a department employee from court records.
This law is a powerful tool used by traffic ticket lawyers. It means that as long as you successfully complete your deferred disposition, the court is legally prohibited from reporting that incident as a conviction to the Department of Public Safety. This ensures that the traffic ticket does not appear on your official driving record, safeguarding your driving privileges and financial interests.
Why You Need a Grand Prairie Traffic Ticket Attorney
While deferred disposition is a beneficial option, securing it and ensuring proper compliance can be complex. An experienced Grand Prairie traffic ticket lawyer can:
- Assess your eligibility: Determine if you qualify for deferred disposition based on your driving history and the nature of your offense.
- Negotiate on your behalf: Present your case to the prosecutor or judge to secure the most favorable deferred disposition terms.
- Explain the conditions: Clearly outline all requirements, such as deferral period, fees, and any necessary courses.
- Monitor your case: Ensure that your compliance is properly documented and that the case is correctly dismissed at the end of the deferral period.
- Handle court appearances: In most cases, your attorney can handle court appearances for you, saving you time and stress.
The goal isn’t just to save you money on the immediate fine (though that’s often a component of the agreement), but more importantly, to save you significant money and protect your driving privileges in the long run by avoiding a conviction.
If you are facing a traffic ticket in North Texas and want to explore the possibility of deferred disposition or other defense strategies, contact our legal professionals today at 214-321-4105. We are dedicated to protecting your driving record and financial well-being.
