The State of Texas has a program that enables drivers to attend a six (6) hour course for dismissal of certain moving violations, which is designed to keep it from being reported on your driving record. Drivers are eligible to attend a state-approved course once every twelve (12) months. If you are charged with a traffic offense under the State of Texas Transportation Code, you must request permission from the court (on or before your appearance date) to be eligible for dismissal of the citation via completion of a Driver Safety Course (DSC). You must submit the Request For Driver Safety Course application. Do not enroll in a DSC before receiving permission from the court as not all citations or defendants are eligible for the program.
To request permission to have the charges dismissed via completion of a DSC, you must:
Pay the state costs, state traffic fine, and an administrative fee ($109.10; or $134.10 if the offense occurred in a school zone)*;
Submit an affidavit via the Request For Driver Safety Course stating that you are not completing or have not completed a DSC within the past twelve (12) months.
If you complete all of the above, and have been approved by the City of Elgin Municipal Court to take a DSC, judgment will be deferred for ninety (90) days to allow you time to complete the course and present a "Uniform Certificate of Completion" from your DSC along with a certified copy of your driver record (select record type 3A; $12.00*) from Department of Public Safety (DPS) in Austin. If you do not wish to request your driver record online, complete an Application For Copy Of Driver Record and mail it to the address on the form. You must return these forms to the court within ninety (90) days for your charge to be dismissed.
Am I Eligible for Dismissal via a Driver Safety Course (DSC)?
Most minor moving violations can be dismissed with a defensive driving course, but a DSC may NOT be taken to dismiss any of the following violations:
Speeding at 95+ MPH; or 25+ MPH over the posted speed limit
Operating a vehicle without liability insurance
Failure to give information at the accident scene
Leaving the scene of an accident (hit and run)
Fleeing or attempting to elude police officers
Passing a school bus
Any serious traffic violation
Moving violations occurring in a work zone with workers present
Commercial driver’s license holders do not qualify for a driving safety course or deferred disposition order
You can take a DSC if you meet the following conditions:
Have not completed a defensive driving course within the past twelve (12) months;
Do not currently have (or did not have at the time of the citation) a commercial driver license (CDL)**; and
Are not currently taking a defensive driving course for a different violation
**As of September 1, 2003 you are not eligible for a Driver Safety Course (DSC) 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).
Choosing a State-Approved Driver Safety Course (DSC)
The court is not allowed to recommend a driving school. You may refer to the yellow pages under "Driving Instruction" or find one online using your search engine of choice. It is your responsibility to make certain that the class is approved by the Texas Department of Licensing and Regulation (6 credit hours) for the dismissal of a traffic citation in Texas.
Failure to Complete a Driver Safety Course
If you fail to complete any one of the requirements by your due date, your case will be set for a show cause hearing, which is a court date that is set after a person has violated the conditions of a deferred adjudication agreement.
A letter with your hearing date will be mailed to the address on your citation. You may waive this hearing by appearing before the hearing date in person at the Elgin Municipal Court Office (310 N. Main st. Elgin, TX. 78621) or by writing to the court to waive your show cause hearing, and paying the remaining balance of the fine. There are no resets for a show cause hearing, except in the event of an emergency that can be verified by the court. If you fail to appear at the hearing, a final judgment of Guilty will be imposed. You will have ten (10) days from the hearing date to either pay or appeal the total judgment. If you fail to do so, a capias pro fine warrant will be issued for your arrest.