Deferred Disposition is a form of probation that, when completed successfully, may result in the dismissal of your case. The deferred disposition period may be up to 180 days. To dispose of your case through deferred disposition, you must complete the conditions of the deferred disposition, including the payment of fees and any additional requirements of the Court. If you successfully complete the deferred disposition, there is no final conviction listed on your record and the complaint may not be used against you for any purpose. If you do not comply with the terms of deferred disposition, a fine may be assessed and a conviction entered on your driving record.
You may be considered for Deferred Disposition if:
You plead Guilty or Nolo Contendere (No Contest) to the offense
You do NOT hold a Commercial Driver’s License (CDL) (If traffic offense)
You are NOT currently on Deferred Disposition
You are NOT currently taking a Driving Safety Course (If traffic offense)
You have NOT been on Deferred Disposition within the last 12 months
You have NOT taken a Driving Safety Course within the last 12 months (If traffic offense)
Your citation is NOT for any of the following:
• Speeding 25 miles per hour or more over the speed limit
• Speeding 95 miles per hour or more
• Any offense in a construction or maintenance zone when workers are present
• Passing a school bus when loading or unloading
• Fleeing/attempting to elude a police officer
• Accident with damage to vehicle or injury to another person
• Breaching your duty to give information/render aide
• Driving without a license or driving while license suspended
• Unrestrained child
How do I request Deferred Disposition?
1. Appear. Make a request and enter a plea before your initial appearance date:
- By Mail or Email. Download the Request for Deferred Disposition Form (PDF), complete the form and follow the instructions.
- In-person. Visit the Kerrville Municipal Court during regular business hours at 301 McFarland, Kerrville, Texas 78028.
2. Pay. If your request is approved, you are required to pay the deferral fee. In most traffic cases the deferral fee is the standard fine and state court costs for that particular violation. In most nontraffic cases, the deferral fee is $200.00 in addition to the state court costs.
3. Juveniles. If you are under 17 years of age, you must appear before a judge to request deferred disposition.
Mandatory Conditions for Young Drivers
If you are younger than 25 years of age at the time of the alleged offense and charged with a moving violation, you will be required to complete a Driving Safety Course as a condition of deferred adjudication. Additionally, if you held a Provisional Driver’s License (drivers younger than 18), you will be required to complete a Road Test with the Department of Public Safety.
NOTE: Even if you are eligible and make a request for deferred disposition, the Court is not required to grant your request. In fact, granting of deferred disposition is rare. If you are eligible for both deferred disposition and a Driving Safety Course, the Court will, the vast majority of the time, grant a Driving Safety Course rather than deferred disposition. Consequently, it is important for you to appear at your initial appearance to confirm that your request for deferred disposition has been granted OR to discuss other options available to you to address your citation, if any.