Deferred Disposition

What is Deferred Disposition?

• Deferred disposition is an option that will keep your citation from being reported as a conviction on your driving record. It is a suspended sentence.  On your plea of guilty or no contest, the court will defer a finding of guilt, assess court costs, and order that you post a bond and comply with certain conditions.  If you successfully comply with the terms, your case will be dismissed, and the bond money will be applied to a special expense fee.

The offering of Deferred Disposition is at the discretion of the Municipal Court Prosecutor and subject to the review and approval of the Municipal Court Judge.

Failing to Comply with the terms of a Deferred Disposition Order:

• If you fail to comply with any of the requirements of the Deferred Disposition Order, the Court will set your case for a show cause hearing and mail a hearing notice to your last known address on file. The hearing is your opportunity to speak with the judge about why you failed to comply with the terms of your Deferred Disposition.  

A conviction is reported to the Department of Public Safety as required by law if you fail to appear, fail to comply, or fail to give a satisfactory explanation at a hearing before the judge. Depending on the status of your case, a warrant for your arrest may be issued.  

How do you request Deferred Disposition?

• You may request Deferred Disposition on or before your first court date by emailing the prosecutor’s office at:   prosecutor@wichitafallstx.gov  
• If you wish to discuss specific details of your case, please be aware that you may be waiving certain rights. 
• Prior to discussing your case, the prosecutor will need a signed admonishment.   You can print the admonishment document here:  Prosecutor's Admonishment - You must sign the form and return it to the prosecutor at the above email address. 
• Requests by email will not be accepted for the offenses listed below. You MUST make an appointment to talk to the prosecutor IN PERSON. 
  • 26 miles or more above the posted speed limit
  • Passing a school bus
  • No liability insurance
  • Non-traffic offenses
  • Passing a school bus
  • You have multiple pending citations
  • If you have received deferred disposition within the preceding 12 months
• To request an appointment please email the prosecutor at the above email address.

Deferred Disposition is not available for the following offenses:

• If a citation for a moving violation was issued to a commercial driver’s license holder, regardless if in a private or commercial vehicle;
• Offenses committed in a  construction work zone when workers are present;
• A minor charged with the offense of consuming an alcoholic beverage if the minor has been previously convicted twice or more of this offense;
• A minor charged with the offense of driving under the influence of an alcoholic beverage if the minor has been previously convicted twice or more of this offense; 
• A minor who is at least 17 and has previously been convicted two or more times of an offense to which Section 106.071 of the Alcoholic Beverage Code applies (purchase of alcohol by a minor, attempt to purchase alcohol by a minor, consumption of alcohol by a minor, possession of alcohol by a minor, and misrepresentation of age by a minor);
• Juvenile cases (see below).

Juvenile Cases:

• If you are under the age of 17, you will receive a notice in the mail of a date and time to appear in court with a parent or guardian. Keep your address updated with the court so you receive your notice on time.  You may have the option of requesting a deferral at your court appearance.

Under certain circumstances, the judge must order certain terms as conditions of the deferred.  Art. 45.051 (b-1), C.C.P.  Those circumstances are listed below:

• If the defendant is under the age of 25 and charged with a moving violation, the court shall require a driving safety course as a term of a deferred disposition.  The judge may also require an additional course designed for drivers under the age of 25.
• If the defendant has a provisional driver’s license and is charged with a moving violation, the court shall require as a term of deferred disposition that the defendant be examined by DPS as required by Section 521.161(b) (2) of the Texas Transportation Code, which requires DPS to test a person’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type that the person will be licensed to operate.  The person must pay DPS a $10 fee for the examination.  Note: Persons under the age of 18 have provisional driver’s licenses.  Sec. 521.123 Texas Transportation Code.  The defendant must submit proof of being examined by DPS.
• If the offense is an Alcoholic Beverage Code offense or a Texas Penal Code offense of public intoxication and the defendant is younger than 21 years of age, as a term of the deferral, the court must require the defendant to take an alcohol awareness course. Sec. 106.115, Alcoholic Beverage Code.
• The Court must require community service as a term of probation when granting deferred if the offense is one of the following:
  • Purchase of alcohol by a minor;
  • Attempt to purchase alcohol by a minor;
  • Possession of alcohol by a minor;
  • Consumption of alcohol by a minor;
  • Misrepresentation of age by a minor; or
  • Public intoxication if under the age of 21.