Defensive Driving

Question: What is a driver’s safety course?
A driver’s safety course is a six hour course identifying and promoting safe driving practices. You may be eligible to take this course for the dismissal of your traffic violation if you meet the statutory requirements. Many people elect to take a driver’s safety course for the dismissal of a citation. If the course is completed and accepted by the Court and the case is dismissed, State law prohibits insurance companies from holding the citation against you in determining your auto insurance rates. Many parents of juvenile drivers find the course is beneficial in stressing safe driving practices to teens.

Question: Who is eligible to take a driver’s safety course for the dismissal of a violation?
Under State law you are eligible to take a driver’s safety course for the dismissal of a traffic violation if:

1. You have not taken the course for the dismissal of a citation within the last (12) twelve months.
2. You have a valid Texas driver’s license.
3. You produce proof of financial responsibility in compliance with Texas Transportation Code, 601.053. Although there are other methods, the most common method of proof is an auto insurance liability policy, which conforms to the statue cited above.
4. CDL licenses are excluded.

Question: Are there some violations for which a driver’s safety course may not be taken?
You may NOT take a driver’s safety course for the dismissal of the following offenses:

• Reckless Driving
• Overtaking a School Bus Loading/Unloading
• Speeding 25 miles or more over the speed limit.
• Failure to Exchange Information and Render Aid at the Scene of an Accident
• Violations in Construction Zones When Workers are Present
• Failure to Maintain Financial Responsibility

Question: What procedure must I follow to sign up for a driver’s safety course?
You must complete four steps in order to take a driver’s safety course for the dismissal of a violation:

1. Secure Court approval, sign plea declaration /deferral order, and pay court costs;
2. Select, complete and turn in your certificate of the course within 90 days of the court order.
3. Submit your certificate of completion and proof of financial responsibility within 90 days of the court order.
4. A driving history from the Department of Public Safety is required.

Question: Where, how and when can I get Court approval?
It is necessary that you secure approval for the driver’s safety course before you take the course. You have up until the arraignment date listed on your citation to secure the approval. If you are a juvenile you must appear at your arraignment before the judge.

If you are an adult, you may secure approval one of four ways: in person at any bond office location, by mail, by fax, or in person at the scheduled arraignment hearing before the judge. It is necessary that you pay the required court costs and administrative fee imposed for the driver’s safety course. The amount can be determined by calling 546-2901, or by visiting any bond office to confirm.

• In Person at a Bond Office:
  Pebble Hills – 10780 A Pebble Hills
  Mission Valley – 9011 Escobar
  Northeast – 9600 Dyer Northeast Municipal Annex
  Westside – 4801 Osborne
  Appear at the bond office location, complete the required paperwork and pay your court costs/administrative fee.
• By Mail:
  You may request a driver’s safety course by completing the back of the yellow copy of your citation where it reads “Driver’s Safety Course”. You may mail the completed ticket to:
  El Paso Municipal Court
  810 E. Overland
  El Paso, TX 79901
  

  Download plea declaration form using Acrobat Reader (free software-click on logo below)
  

  Please sign the request and included your citation number, or you may click here for the plea declaration form - 85KB , complete it, print it out, have it notarized and mail it to the Court.
  The Court will mail you the paperwork required and will specify the court costs and fees applicable to your case. These costs are due 10 days from the date of the court’s mailing to you. Court costs are due on all driver’s safety courses and may not be waived by the judge.
• By Fax: (915) 546-2939
  You may fax your request to take a driver’s safety course to this number. The court will mail you the required paperwork and specify the court costs and fees applicable to your case. These costs are due 10 days from the date of the Court’s mailing to you. Please make sure you have signed the request and included your citation number.
• At Arraignment:
  If you wish, you may appear at your arraignment before the judge to request the driver’s safety course. Arraignments are held at 9600 Dyer. You must appear on the date and at the time noted on your citation.

Question: Why must juveniles appear before the judge?
State law requires that juveniles and the parent or legal guardian appear before the judge in Court. Juveniles may request a driver’s safety course from the judge at the arraignment.

Question: How do I select a course?
Once you have secured court approval and paid the court costs you may select the driver’s safety course best suited to your schedule and budget. Private companies offer these courses at various locations and times throughout the area through a variety of means: classroom instruction, video instruction and internet instruction. Companies typically charge between $25 and $45. Please verify with the company that the course is approved for the dismissal of citations through the Texas Education Agency, www.tea.state.tx.us/drive. Companies advertise their services through phone books, posters, flyers, newspaper ads, internet ads, etc. The Court may not and will not recommend one company or course over another.

Question: How long do I have to take the course and turn in my proof of compliance?
Effective September 1, 2003, in compliance with Code of Criminal Procedure 45.0511, the following will be required within 90 days from the date of the court order for violations occurring after September 1, 2003:

• Complete Defensive Driving course,
• Deliver certificate of completion to the Court and proof of financial responsibility and
• Deliver driving record from the Department of Public Safety.

To obtain a driving record from the Department of Public Safety:

1.) On line, please click on http://www.texasonline.state.tx.us/NASApp/txdps/TXDPSLicenseeManager.

or

2.) You may click to print the DPS form and mail in your request: http://www.txdps.state.tx.us/ftp/forms/dr-1.pdf.

Download the above DPS form using Acrobat Reader (free software-click on logo below)

Submit it along with the required fee to the address shown on the form.

Texas Department of Public Safety
Driver Records Bureau
P.O. Box 149246
Austin, Texas 78714-9246

Question: How will I know if my proof of compliance is accepted?
The certificate of completion and your proof of financial responsibility will be reviewed by the Court. If the judge accepts your documents, your case will be dismissed for the completion of a driver’s safety course. No notice will be sent to you. The Court will notify you by mail if the paperwork is incomplete or if other problems with the case are found. You will receive instructions on how to proceed in resolving your case. An example is when the standard search of court records reveals that you took another defensive driving course for the dismissal of a ticket within the 12 month period. Payment of the fine in full is required under these circumstances.

Question: What will happen if I fail to comply with the Court order ?
You will be required to appear at a Show Cause Hearing before the judge if:

• You do not comply with the court order to take a driver’s safety class,
• You fail to do so within the required time,
• Your proof of compliance is incomplete,
• You are determined to have been ineligible for the course.

You will be notified by mail of the date of your show cause hearing.

Question: What will happen if I do not come to the Show Cause Hearing?
If you fail to appear at the scheduled Show Cause Hearing, an arrest commitment will be issued for you.