Getting a Texas Ticket Dismissed With Defensive Driving

First question: can a course make the ticket go away?

Yes, and for most moving violations the judge does not get to say no. The criminal procedure code, in Article 45A.352, tells the judge to require a TDLR-approved driving safety course from an eligible driver, and Article 45A.356 tells the court to dismiss once the paperwork is in.

Article 45A.357 then keeps the dismissed charge off your driving record and out of use for any purpose. It also forbids your insurer from canceling you or raising your rate on account of the course or the dismissal.

If you are reading an older guide that cites Article 45.0511, that is the same program under its old number. The rules for justice and municipal courts moved to a new Chapter 45A on January 1, 2025, and the right now lives in Articles 45A.351 through 45A.358.

Before you request it: are you eligible?

It applies to motor vehicle traffic cases heard by justice and municipal courts. Whatever your age, that means the rules-of-the-road offenses found in Subtitle C of Title 7 of the Transportation Code. Drivers under 25 get more: any moving violation in those courts qualifies.

To claim it as a right, you must hold Texas driving privileges (a license or permit) or be an active-duty service member or that member's spouse or dependent child. Your last driving safety course must be more than a year before the offense, and you must show proof of insurance.

A quick example: you finished a dismissal course on March 10 last year and get a new ticket on February 20 this year. The course falls inside the 12 months before the offense, so the right is not available. A ticket dated March 15 would be outside the window.

• Shut out: anyone holding a CDL now, or who held one on the offense date
• Shut out: 95 mph or faster, or 25 mph or more above the posted limit
• No automatic right: serious traffic violations, and listed offenses including going around a stopped school bus and the crash offenses in Article 45A.353

How to ask the court, and when

The date that matters is the response date printed on the ticket. Before it passes, enter a guilty or no contest plea and say you want the course. Options for doing that: walk in, send a lawyer, mail it certified with return receipt and a postmark on or before that date, or use the court's email or web portal where one exists.

Missed the date? Article 45A.352(c) still allows the court to grant a course before the case is finally disposed of, but now it is up to the judge, and under Article 45A.358(a)(2) the fine can be as high as the law allows for the offense, not just the reimbursement fee of $10 or less.

After the plea: the 90 day window and your paperwork

Once you plead, the court defers judgment for 90 days. Inside that time you deliver three things: the uniform course completion certificate, your DPS record proving a course-free prior year (skip this if the judge orders the record directly), and a sworn statement that you were not enrolled in another course when you asked for this one.

Miss the window and you will be summoned to explain why. If you cannot show good cause, the judge convicts and sentences you. Article 45A.355 allows the court to extend the filing deadline for good cause, so call the court before day 90 if something goes wrong.

What you will pay

The court and the course provider bill you separately. Besides ordinary costs, Article 45A.358 allows an administrative charge of up to $10 for handling the request, kept by the court even if you never take the class.

A 2025 change (Senate Bill 296, in effect September 1) means a single class now clears every qualifying charge from one stop, and each is dismissed. Each charge can carry its own fee of up to $10. Course prices vary, though TDLR's program summary sets a $25 floor for a driving safety course.

Choosing a course and getting the certificate

The course must come from a driving safety school TDLR licenses, and it must be at least six hours. Some providers teach online and some only in person, according to TDLR, so confirm the format before you enroll.

TDLR says the provider mails or electronically sends your certificate, normally within 14 days of finishing. If it never comes or contains a provider mistake, you have 30 days to request a replacement at no charge. Getting it to the court is your job, and to your insurer as well if you want a discount.

Under 25, deferred disposition, and court orders

Drivers under 25 who get deferred disposition on a moving violation, rather than dismissal by course, still have to take a driving safety course during the deferral under Article 45A.304. Those on a provisional license also retake the DPS exam, for a $10 fee.

Separately, a judge may make a course part of your sentence or deferral terms. That is separate from dismissal by right, so follow the exact terms of the order.

After the dismissal: records, points and insurance

Texas dismissal is not about subtracting points. The benefit is that the charge never lands on your driving record, and the court reports your course date to DPS, which is how the once-a-year limit gets enforced. Questions about how other convictions are counted go to DPS.

Some people take the class with no ticket at all, hoping for a lower premium. TDLR confirms that is allowed, but whether you get a discount and how much is up to your insurer, so call first. A driving safety course never replaces teen or adult driver ed.

Does Texas still use points?

No. The Driver Responsibility Program in Transportation Code Chapter 708 was repealed effective September 1, 2019. DPS stopped assessing points for moving violations, wiped existing points, and waived every unpaid surcharge. Money paid before the repeal was not returned.

Convictions still count, though. Under Section 521.292, four moving violation convictions inside a year, or seven inside two years, mean a suspension. Because a course dismissal is not a conviction, it never counts toward those totals.

If you would rather pay, fight, or you ignored it

Paying the fine counts as a guilty or no contest plea, and the conviction goes on your record. If you want to contest it, enter not guilty and request a trial. Lose in justice or municipal court and Article 45A.203 gives you 10 days after judgment to post an appeal bond and move the case to county court.

Ignoring the ticket is the worst option. Courts can flag you in DPS's Failure to Appear program, which blocks your license renewal until each flagging court is satisfied. When the course is off the table, ask the court about deferred disposition; Article 45A.302 permits a deferral of as long as 180 days.

• Child seat tickets: Section 545.4121 provides a defense once you buy the proper seat, provided nobody crashed and you got no other ticket
• Commercial drivers: no course dismissal, and under federal rules the employer must hear of any conviction inside 30 days