Texas Code of Criminal Procedure - Article 45.0511. Driving Safety Course Or Motorcycle Operator Course Dismissal Procedures
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Art. 45.0511. DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
COURSE DISMISSAL PROCEDURES. (a) Except as provided by Subsection
(a-1), this article applies only to an alleged offense that:
(1) is within the jurisdiction of a justice court or a
municipal court;
(2) involves the operation of a motor vehicle; and
(3) is defined by:
(A) Section 472.022, Transportation Code;
(B) Subtitle C, Title 7, Transportation Code; or
(C) Section 729.001(a)(3), Transportation Code.
(a-1) If the defendant is younger than 25 years of age, this
article applies to any alleged offense that:
(1) is within the jurisdiction of a justice court or a
municipal court;
(2) involves the operation of a motor vehicle; and
(3) is classified as a moving violation.
(b) The judge shall require the defendant to successfully
complete a driving safety course approved by the Texas Education
Agency or a course under the motorcycle operator training and
safety program approved by the designated state agency under
Chapter 662, Transportation Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this article;
(2) the defendant:
(A) has not completed an approved driving safety course or
motorcycle operator training course, as appropriate, within the 12
months preceding the date of the offense; or
(B) does not have a valid Texas driver's license or permit,
is a member of the United States military forces serving on active
duty, and has not completed a driving safety course or motorcycle
operator training course, as appropriate, in another state within
the 12 months preceding the date of the offense;
(3) the defendant enters a plea under Article 45.021 in
person or in writing of no contest or guilty on or before the answer
date on the notice to appear and:
(A) presents in person or by counsel to the court a request
to take a course; or
(B) sends to the court by certified mail, return receipt
requested, postmarked on or before the answer date on the notice to
appear, a written request to take a course;
(4) the defendant:
(A) has a valid Texas driver's license or permit; or
(B) is a member of the United States military forces serving
on active duty;
(5) the defendant is charged with an offense to which this
article applies, other than speeding 25 miles per hour or more over
the posted speed limit; and
(6) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code.
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) unless the judge proceeds under Subsection (c-1), the
defendant's driving record as maintained by the Department of
Public Safety, if any, showing that the defendant had not completed
an approved driving safety course or motorcycle operator training
course, as applicable, within the 12 months preceding the date of
the offense;
(3) an affidavit stating that the defendant was not taking a
driving safety course or motorcycle operator training course, as
applicable, under this article on the date the request to take the
course was made and had not completed such a course that is not
shown on the defendant's driving record within the 12 months
preceding the date of the offense; and
(4) if the defendant does not have a valid Texas driver's
license or permit and is a member of the United States military
forces serving on active duty, an affidavit stating that the
defendant was not taking a driving safety course or motorcycle
operator training course, as appropriate, in another state on the
date the request to take the course was made and had not completed
such a course within the 12 months preceding the date of the
offense.
(c-1) As an alternative to presenting the defendant's
driving record to the court under Subsection (c)(2), the judge, at
the time the defendant requests a driving safety course or
motorcycle operator training course dismissal under this article,
may require the defendant to pay a fee of $10 for a copy of the
driving record and the judge may obtain a copy of the driving record
from the Texas Department of Public Safety. The $10 fee under this
subsection is in addition to any other fee required under this
article. If the defendant's driving record shows that the
defendant has not completed an approved driving safety course or
motorcycle operator training course, as appropriate, within the 12
months preceding the date of the offense, the judge shall allow the
defendant to complete the appropriate course as provided by this
article. The custodian of a municipal or county treasury who
receives fees collected under this subsection shall keep a record
of the fees and, without deduction, forward the fees to the
comptroller, with and in the manner required for other fees and
costs received in connection with criminal cases. The comptroller
shall credit fees received under this subsection to the Texas
Department of Public Safety.
(d) Notwithstanding Subsections (b)(2) and (3), before the
final disposition of the case, the court may grant a request to take
a driving safety course or a motorcycle operator training course
under this article.
(e) A request to take a driving safety course or motorcycle
operator training course made at or before the time and at the place
at which a defendant is required to appear in court is an appearance
in compliance with the defendant's promise to appear.
(f) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may:
(1) require a defendant requesting a course under
Subsection (b) to pay an administrative fee set by the court to
cover the cost of administering this article at an amount of not
more than $10; or
(2) require a defendant requesting a course under
Subsection (d) to pay a fee set by the court at an amount not to
exceed the maximum amount of the fine for the offense committed by
the defendant.
(g) A defendant who requests but does not take a course is
not entitled to a refund of the fee.
(h) Fees collected by a municipal court shall be deposited
in the municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court is
located.
(i) If a defendant requesting a course under this article
fails to comply with Subsection (c), the court shall:
(1) notify the defendant in writing, mailed to the address
on file with the court or appearing on the notice to appear, of that
failure; and
(2) require the defendant to appear at the time and place
stated in the notice to show cause why the evidence was not timely
submitted to the court.
(j) If the defendant fails to appear at the time and place
stated in the notice under Subsection (i), or appears at the time
and place stated in the notice but does not show good cause for the
defendant's failure to comply with Subsection (c), the court shall
enter an adjudication of guilt and impose sentence.
(k) On a defendant's showing of good cause for failure to
furnish evidence to the court, the court may allow an extension of
time during which the defendant may present:
(1) a uniform certificate of course completion as evidence
that the defendant successfully completed the driving safety
course; or
(2) a verification of course completion as evidence that the
defendant successfully completed the motorcycle operator training
course.
(l) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Texas Department of Public
Safety for inclusion in the person's driving record; and
(3) state in that report whether the course was taken under
this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
(m) The court may dismiss only one charge for each
completion of a course.
(n) A charge that is dismissed under this article may not be
part of a person's driving record or used for any purpose.
(o) An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
the premium charged an insured under the policy because the insured
completed a driving safety course or a motorcycle operator training
course, or had a charge dismissed under this article.
(p) The court shall advise a defendant charged with a
misdemeanor under Section 472.022, Transportation Code, Subtitle
C, Title 7, Transportation Code, or Section 729.001(a)(3),
Transportation Code, committed while operating a motor vehicle of
the defendant's right under this article to successfully complete a
driving safety course or, if the offense was committed while
operating a motorcycle, a motorcycle operator training course. The
right to complete a course does not apply to a defendant charged
with:
(1) a violation of Section 545.066, 550.022, or 550.023,
Transportation Code;
(2) a serious traffic violation; or
(3) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies.
(q) A notice to appear issued for an offense to which this
article applies must inform a defendant charged with an offense
under Section 472.022, Transportation Code, an offense under
Subtitle C, Title 7, Transportation Code, or an offense under
Section 729.001(a)(3), Transportation Code, committed while
operating a motor vehicle of the defendant's right to complete a
driving safety course or, if the offense was committed while
operating a motorcycle, of the defendant's right to complete a
motorcycle operator training course. The notice required by this
subsection must read substantially as follows:
"You may be able to require that this charge be dismissed by
successfully completing a driving safety course or a motorcycle
operator training course. You will lose that right if, on or before
your appearance date, you do not provide the court with notice of
your request to take the course."
(r) If the notice required by Subsection (q) is not provided
to the defendant charged with the offense, the defendant may
continue to exercise the defendant's right to take a driving safety
course or a motorcycle operator training course until the notice
required by Subsection (q) is provided to the defendant or there is
a final disposition of the case.
(s) This article does not apply to an offense committed by a
person who:
(1) holds a commercial driver's license; or
(2) held a commercial driver's license when the offense was
committed.
(t) An order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.
(u) The requirement of Subsection (b)(2) does not apply to a
defendant charged with an offense under Section 545.412,
Transportation Code, if the judge requires the defendant to attend
and present proof that the defendant has successfully completed a
specialized driving safety course that includes four hours of
instruction that encourages the use of child passenger safety seat
systems, and any driving safety course taken by the defendant under
this section within the 12 months preceding the date of the offense
did not include that training. The person's driving record under
Subsection (c)(2) and the affidavit of the defendant under
Subsection (c)(3) is required to include only previous or
concurrent courses that included that training.
Added by Acts 1999, 76th Leg., ch. 1545, Sec. 51, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 3.0021(a),
eff. Sept. 1, 2001; Amended by Acts 2003, 78th Leg., ch. 991, Sec.
13, eff. Sept. 1, 2003; Amended by Acts 2003, 78th Leg., ch. 1182,
Sec. 2, eff. Sept. 1, 2003; Subsecs. (e), (l) to (t) amended by Acts
2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.02, eff. Jan. 11, 2004;
Subsec. (a) amended by Acts 2005, 79th Leg., ch. 90, Sec. 2, eff.
Sept. 1, 2005; Subsec. (a-1) added by Acts 2005, 79th Leg., ch. 90,
Sec. 2, eff. Sept. 1, 2005; Subsec. (s) amended by Acts 2005, 79th
Leg., ch. 357, Sec. 7, eff. Sept. 1, 2005; Subsec. (u) added by Acts
2005, 79th Leg., ch. 913, Sec. 6, eff. Sept. 1, 2005; Subsecs. (b)
and (c) amended by Acts 2005, 79th Leg., ch. 1194, Sec. 1, eff.
Sept. 1, 2005; Subsec. (c) amended by Acts 2005, 79th Leg., ch.
1209, Sec. 1, eff. Sept. 1, 2005; Subsec. (c-1) added by Acts 2005,
79th Leg., ch. 1209, Sec. 1, eff. Sept. 1, 2005.
Article: 45.045 45.046 45.047 45.048 45.049 45.050 45.051 45.0511 45.052 45.053 45.054 45.055 45.056 45.057 45.058
Last modified: August 11, 2007
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