Not Eligible for This Option
Certain offenses, CDL license holders and persons under the age of 25 may not qualify for this option. Alcohol, tobacco, theft, assault, and disorderly conduct offenses may not request this option with the Clerk’s office. The person charged must appear before the Judge on your scheduled appearance date.
Deferred may be requested in writing or in person and any applicable fees must be paid at the time of request. The request must be made on or before the scheduled court appearance listed at the bottom of the citation. Defendants who enter a plea of guilty or no contest are generally eligible for deferred disposition to keep an offense from appearing on their driving record and/or criminal record. Download the deferred disposition form (PDF).
You must submit a copy of your driver's license with your request, if you fail to submit a copy of your license the request is denied. If your request is granted, you will be placed on probation for a period of time not to exceed 180 days. As a condition of your probation, you must not receive any additional citations in the United States during this deferral period. Other conditions may also be imposed to qualify for deferred disposition.
All conditions and terms must be met to successfully complete the deferral period. In addition, you will be required to read and sign a deferred disposition order acknowledging receipt of the requirements needed to satisfy the deferral terms. You will also receive a copy of the order at that time. If you are under the age of 25 you will be required to complete a Defensive Driving Course as an additional requirement.
Upon completion of the deferral period, the Court will dismiss your citation and the offense shall not be reported to the Department of Public Safety, and thus, the offenses are not recorded on your driving and/or criminal record.
Failure to Comply
Failing to comply with any one of the terms and conditions of your probation will not automatically revoke your probation. You will be scheduled on the “show cause” docket and you will be required to appear in Court to discuss your case with the Judge.
If you do not appear at this hearing, a final judgment will be entered. Without further notice a capias pro fine warrant for your arrest may be issued immediately. A guilty conviction will be reported to the Department of Public Safety and will appear on your driving and/or criminal record and may result in an assessment on your driver’s license of a surcharge under the Driver Responsibility Program.