If you’re wondering how to get a traffic ticket dismissed in Texas, you have three options: 1) take defensive driving classes, 2) request a court hearing, or 3) apply for a deferred disposition.
Let’s go over these options to help you make the right choice.
When a Traffic Ticket in Texas Can Be Dismissed
You should be able to dismiss your ticket if you’re charged with a minor offense and meet the following requirements:
✅Have a valid non-commercial driver’s license.
✅Haven’t been on a deferred disposition probation or taken defensive driving driver safety courses in the past 12 months.
✅Your car was insured at the time of the offense.
✅The violation didn’t take place in a construction zone.
✅The information on your traffic ticket is inaccurate (e.g., missing information, incorrect location, wrong vehicle details, or misspelled names).
✅The police officer didn’t sign the ticket.
✅You can provide proof of compliance (e.g., if you were ticketed for driving with a broken headlight, but you fixed the issue).
The judge may also dismiss a more serious charge if you fight the ticket in court and turn the odds in your favor. That’s where a traffic lawyer can help.
When a Traffic Ticket in Texas Can’t Be Dismissed
There are situations where it’s simply not possible to get your ticket dismissed. Let’s see a few examples:
❌You were driving without a license or auto insurance at the time of the offense.
❌You were under the influence of alcohol or drugs.
❌You committed the offense in a construction zone.
❌You caused an accident resulting in bodily injury, death, or property damage.
❌You missed the deadline for requesting a deferred disposition, a court hearing, or driver safety school.
❌You’re a commercial driver.
❌You were caught leaving the scene of an accident or passing a school bus with lights flashing.
❌You attempted to flee a police officer.
Be aware that some judges may not dismiss your ticket if you have a poor driving record or multiple prior convictions.
3 Ways to Get a Traffic Ticket Dismissed
Depending on the overall impact of a traffic ticket, it can pay to get it dismissed. Beyond the fines, traffic tickets can stay on your driving record for three or more years and increase your insurance rates. Here are your legal options:
Take a Defensive Driving Course
The only way to get a ticket dismissed in Texas without going to court is to complete defensive driver training. Also referred to as driver safety classes, these courses take six hours and cover topics like hazard recognition, traffic laws and regulations, vehicle safety, and accident prevention strategies.
Defensive driving courses are available to most drivers charged with minor offenses. If that’s your case, take these steps to dismiss the ticket:
- Check your eligibility: Depending on the court, you may request driver safety school by mail, online, or in person. Simply pay the fine associated with your ticket and fill out a request form with the municipal court that issued your ticket.
- Ensure you meet the requirements:
- Hold a valid non-commercial driver’s license.
- Had car insurance at the time of the offense.
- Haven’t taken defensive driving courses for another violation over the past year
- Were not charged with reckless driving.
- The ticket was not issued for a hit-and-run, excessive speeding (25+ mph over the limit), passing a school bus, or evading a police officer.
- The violation didn’t take place in a construction zone with workers present.
- Choose a state-approved course: Look for defensive driving courses approved by the Texas Department of Licensing and Regulation (TDLR). Use the TDLR’s online search tool to find a licensed provider. Traffic Safety Institute’s defensive driver course is TDLR approved. Plus, we’ll send your certificate straight to the courts and TDLR when you’re done.
- Decide how you want to study: Determine whether you want to study online or in a classroom setting. Both online and in-person courses take six hours to complete, but online courses offer more flexibility.
- Take the course: Defensive driving classes have several modules followed by short quizzes. To complete the course, you must go through all modules and pass the quizzes within 90 days from the date you received permission to attend driver safety school. However, you may request a deadline extension from the court if you need more time.
- Submit your certificate to the court: Once the course is over, the school will issue a certificate of completion within 14 days.
- Wait up to five business days for the court to validate your certificate and dismiss the ticket.
Request a Court Hearing
If you decide to fight the ticket, you can request a court hearing by the date listed on your citation. Court appearance is mandatory for reckless driving, excessive speeding, passing an authorized emergency vehicle, and other serious offenses. Failure to appear may result in additional charges.
Here’s how to contest your ticket in court:
- Plead not guilty: Contact the court in person or by mail to submit a not guilty plea. The court will schedule a date for your trial.
- Prepare your case: Gather evidence in your favor, such as photos and witness statements. For example, if you want to contest a speeding ticket, you may present dashcam footage or GPS data proving you were driving within the limit.
- Consider hiring a traffic lawyer: Choose this option if you’re charged with a more serious violation or have multiple prior convictions (which could lead to license suspension). A traffic attorney may find additional evidence or procedural errors that could help your case.
- Go to court: Attend the hearing or ask your attorney to appear in your place. If, for some reason, you can’t make it to the court, you may request an extension of up to 30 days (depending on the jurisdiction).
- Wait for the verdict: If you win in court, the judge will dismiss your ticket. If not, you must pay the fine and fulfill the court’s orders. Depending on what you are charged with, you may need to take defensive driving classes, do community work, or serve jail time.
Apply for a Deferred Disposition or Deferred Adjudication
A deferred disposition, or suspended sentence, involves a probation period of up to six months. If you fulfill the court’s requirements, the offense won’t appear on your driving record.
Simply follow these steps:
- Make sure you qualify: While it’s up to the judge to approve your request, you won’t be eligible for a deferred disposition if:
- You hold a commercial driver’s license.
- You have been on deferred disposition probation over the past year.
- The violation occurred in a construction zone with workers present.
- You were caught speeding 25+ mph over the limit.
- Your driver’s license was suspended or revoked at the time of the offense.
- You were charged with a DUI, reckless driving, or other major violations.
- You caused an accident resulting in damage to another vehicle.
- Submit your request: Plead guilty or no contest to the offense and apply for a deferred disposition by mail, online, or in person, depending on the court. If you’re under 17, you must go to court with a parent or legal guardian to submit your request.
- Pay the fine and court costs: Pay the deferred fee by the due date set by the court in charge of your case. This fee typically includes the fine, state court costs, and additional charges. The latter cannot exceed the maximum fine amount.
- Fulfill the court’s order: If you’re under 25, you will be required to take defensive driving classes during the deferral period. Apart from that, you may not commit any violation of the law while on probation.
Texas drivers charged with more serious violations may request a deferred adjudication. This option is usually available to first-time offenders and involves a probation period of several months to 10 years. If you fulfill all requirements, the court will “seal” the offense from your driving record.
The terms of a deferred adjudication are stricter than those of deferred disposition. You’ll be required to take regular drug tests, do community service, or see a counselor during the entire period. Plus, you’ll be under the supervision of a probation officer.
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FAQs about Traffic Ticket Dismissal in Texas
Is there anything else you want to know about traffic ticket dismissal in Texas? Here are the answers to some frequently asked questions.
What is the best defense for a speeding ticket?
Generally, the best defense against a speeding ticket in Texas is to prove that the officer didn’t accurately measure your speed.
For example, you could argue that their radar devices were overdue for a check-up or improperly calibrated. It’s also possible that they picked up another vehicle’s speed. In any of these scenarios, the judge will want to see valid evidence, such as the calibration records for the device used.
Can I just pay my speeding ticket and not go to court in Texas?
Yes, you can. Depending on the court, you may pay your fine online, by mail, or in person at satellite locations without appearing in front of a judge. Some courts also accept payments by wire transfer.
However, more serious charges, such as speeding under the influence of alcohol or driving at 95+ mph per hour, may require a court appearance.
Can the cops see dismissed tickets?
In Texas, dismissed tickets don’t appear on your DMV record, meaning that law enforcement officers won’t see them during background checks.
