Driving Safety Course Dismissal

A person (defendant) who holds a valid Texas driver's license or permit (other than a commercial driver's license) and who is charged with certain traffic violations may be eligible to request of the Court to take a Texas-approved driving safety course or (if operating a motorcycle) motorcycle operating training course. This request must be made on or before the appearance/answer date on the notice to appear. It must be made in person, by counsel, or by certified mail. If you are under the age of 17, you must appear in open court with a parent or guardian to make the request. If an eligible*** defendant charged with an eligible*** violation timely, properly, and completely complies with all necessary requirements, the Court will dismiss the charge. A charge that is dismissed pursuant to Driving Safety Course Dismissal Procedures will not be a part of the person's driving record or used for any purpose. 

At the time of the request, you must do the following:

1. Enter a plea of no contest or guilty on or before the appearance/answer
    date on the notice to appear. This can be accomplished by completing
    and presenting a Request For A Driving Safety Course referred to in
    2 below;
2. Present to the Court in person or by counsel a Request For A Driving 
    Safety Course (see attached printable Request form) on or before
    the appearance/answer date on the notice to appear OR send a 
    written Request For A Driving Safety Course (see attached
    printable Request form) to the Court by certified mail, return receipt
    requested, postmarked on or before the appearance/answer 
    date on the notice to appear;
3. Present to the Court a valid Texas driver's license or permit (unless the 
    person is a member, or the spouse or dependent child of a member, 
    of the U.S military forces serving on active duty);
4. Present to the Court proof of financial responsibility (automobile
    insurance); and
5. Pay court costs and a $10.00 administrative fee.

Once steps 1-5 above are completed by an eligible*** defendant charged
with an eligible*** violation, the Court will defer your case for 90 days.

During the 90 deferral period, you must do the following:

1. Complete a driving safety course approved by the Texas Education 
    Agency or a motorcycle operating training course approved by the
    Texas Department of Public Safety and present the completion
    certificate to the Court;
2. Present to the Court an executed and notarized Driving Safety Course
    Request Affidavit (see attached printable Affidavit form); and
3. Present to the Court a certified copy of your driving record from the
    Texas Department of Public Safety showing that you had not 
    completed an approved driving safety course or motorcycle 
    operator training course, as applicable, within the 12 months
    preceding the date of the violation.
 
***A person is NOT eligible to take advantage of the Driving Safety
Course Dismissal Procedures if the person:

  • Was speeding 95 miles per hour or more; or 
  • Was speeding 25 miles per hour or more over the posted speed limit; or 
  • Failed to remain at the scene of an accident; or
  • Failed to give information and aid; or
  • Was passing a school bus; or
  • Committed an offense in a construction or maintenance work zone while workers were present; or
  • Committed a serious traffic violation (involves driving a commercial motor vehicle); or
  • Has completed a Driving Safety Course in the 12 months preceding the violation date; or
  • Holds a commercial driver's license or held a commercial driver's license when the violation was committed.

Any questions regarding your eligibility to utilize the Driving Safety
Course Dismissal Procedures should be directed to the Municipal
Court Clerk's office located in the City of Liberty complex, 1829
Sam Houston, Liberty, Texas 77575. The office telephone number
is 936-334-7121.

The Court may dismiss only one charge for each driving safety course.