Texas Defensive Driving for Ticket Dismissal: Who Qualifies and the Deadlines
How a Texas driving safety course can dismiss a traffic ticket under Code of Criminal Procedure Chapter 45A: eligibility, the 90-day window, fees, and what to send the court.
Driving safety vs. driver education
Texas uses two different terms. Driver education is the course new drivers take to get a license. A driving safety course, usually called defensive driving, is a 6-hour course for licensed drivers. TDLR says it is generally taken to dismiss a traffic ticket or to get an insurance discount, and any licensed driving safety provider may offer a 6-hour course that can be used for either purpose (TDLR: taking a driving safety course). Providers must hold a TDLR driving safety provider license (Education Code §1001.201). The listings in this site's defensive driving category are those Texas-based license holders.
Who can use a course to dismiss a ticket
The rules are in Subchapter H of Code of Criminal Procedure Chapter 45A. A judge must let you take a driving safety course and dismiss the charge if you meet all of the conditions in Article 45A.352, including that you:
- have a Texas driver's license or permit, or are on active military duty (or are the spouse or dependent child of an active-duty service member);
- have not completed an approved driving safety course within the 12 months before the date of the offense;
- make your request on or before the answer date on your ticket, in person or in writing (certified mail postmarked by that date, or by a court-approved e-mail address or portal if the court allows it);
- are charged with an eligible moving violation, which excludes speeding at 95 mph or more, or 25 mph or more over the limit; and
- show proof of financial responsibility (insurance).
Article 45A.353 also excludes some offenses entirely, including passing a school bus, leaving the scene of certain crashes, any serious traffic violation (the commercial driver category) and offenses in a construction or maintenance work zone when workers are present.
The ticket itself must tell you about this right. If the notice did not, you can still ask to take the course until you are given the notice or the case is finally decided (Art. 45A.354). Even if you miss a deadline, the court has discretion to grant a course before final disposition (Art. 45A.352(c)), but then it may set a fine up to the maximum for the offense.
The 90-day window
When you plead guilty or no contest and request the course, the court defers judgment and gives you 90 days to finish the course and present (Art. 45A.356):
- the uniform certificate of course completion;
- your Texas driving record from DPS showing you have not completed a course in the 12 months before the offense (unless the judge checks it another way); and
- an affidavit that you were not already taking a course when you asked and have not completed one in the past 12 months that is missing from your record.
Order the driving record early: it can take time to arrive. If you have a good reason for being late, the court may give you extra time (Art. 45A.355).
What it costs
Three separate costs apply. The court collects its usual court costs and may charge a reimbursement fee of up to $10 for administering the course request (Art. 45A.358); that fee is not refunded if you then do not take the course. The provider charges for the course, and the law sets a floor: a driving safety provider must charge each student at least $25 (Education Code §1001.352). Finally, the driving record from DPS has its own fee. TDLR reminds drivers that they remain responsible for any fines and fees related to the ticket.
What dismissal does
A charge dismissed this way may not be part of your driving record or used for any purpose, and an auto insurer may not cancel your policy or raise your premium because you completed the course or had the charge dismissed (Art. 45A.357). Dismissal requires completing the course on time. If you miss the deadline without good cause, the court can enter the deferred judgment.
Online or in person
Both are allowed. TDLR says some providers offer online courses and others require attendance in person, and that you should contact the provider to find out which it offers. Compare on:
- total price, including the certificate and any expedited delivery fee;
- whether you can stop and resume, and how long you have to finish;
- how the certificate is delivered. TDLR says you should receive it within 14 days of finishing, and you can ask for a free replacement within 30 days if it never arrives or is wrong because of the provider's error.
Sending the certificate to the court, and to your insurer for a discount, is your responsibility.
Insurance discounts
Separately from ticket dismissal, many Texas insurers offer a discount for completing a driving safety course. Ask your insurer whether it gives one, how much, and for how long, before you choose a course for that purpose.
Course length is the same everywhere: TDLR describes the driving safety course as a 6-hour course whether it is taken online or in person. Online courses often include timers and identity questions so the hours are actually completed, so leave enough time before the court's deadline rather than starting the night before.
Checklist
- Read the back of your citation for the answer date and court contact details.
- Request the course from the court on or before that date.
- Pay any court costs and the reimbursement fee.
- Choose a TDLR-licensed provider (check the license on TDLR's search or on its profile here).
- Order your DPS driving record.
- Finish the course and file everything with the court within 90 days.
General information only, current as of the date above. The information on Driving School Check is not a recommendation or a guarantee of anyone's work. A license record shows registration status on the date shown, not workmanship, insurance coverage at the time of your job, or suitability for your project. Confirm license, insurance and permits directly before you hire. Rules and programs change; check the official sources linked in this guide.