Definition
Deferred Disposition is a type of probation that helps keep a conviction off of your driving record and criminal record, and is available if you meet certain criteria. You will be on probation up to 180 days, depending on the kind of violation.
Advantages
When you successfully complete deferred disposition, there is no final conviction and the complaint may not be used against you for any purpose. A conviction will not be reported.
ELIGIBILITY
You must answer the following questions to determine if you qualify for deferred disposition:
- Do you have a valid driver’s license?
- Was there an accident involved at the time you received your citation?
- Are you now on deferred disposition for a citation anywhere?
- Have you been placed on deferred disposition within the 12 months preceding the date of this citation?
Your answers will determine whether you are eligible for deferred disposition; if you are under 25 you will be required to take a driver safety course as a condition of deferred disposition. You can find a state-approved course on TDLR. If you qualify, you will be required to pay a special expense fee and court costs at the time of the application. Deferred disposition is a way of having your citation dismissed after satisfactory completion of the probationary period in which no additional convictions are received and all requirements imposed in the deferred order are satisfied.
DISQUALIFIERS
- You were charged with going 25 miles or more over the speed limit.
- You are charged with a violation in a construction or maintenance work zone when workers are present.
- You hold a commercial driver’s license or held one at the time you were cited for the offense.
- You have successfully completed deferred disposition in the last 12 months.
Requesting Deferred Disposition
You may appear in person at the court clerk’s office at 203 E. Wheatland Rd, or you may mail your request and check / money order to:
City of Duncanville
P.O. Box 380280
Duncanville, TX 75138
When sending the request through the mail, please be sure to provide your driver's license and write a short letter requesting this option and include a plea of guilty or no contest. Also, include any changes to your mailing address or phone number.
By the 20th calendar day from the date of the offense, bring or submit by certified mail the listed items to the court, and only upon approval will the court then grant you permission to take the course.
Note: If you are applying by mail, remember it must be certified and you should include your Texas drivers license and insurance with your request and you must wait until you have received permission from the court before you take the course.
At the Time of the Request You Must Do the Following:
- Enter a plea of Guilty or No Contest
- Present a valid Texas drivers license
- Present proof of financial responsibility (auto insurance) listing you as a driver
- Pay the applicable state costs, and an administrative fee of $144 or $169 if the offense occurred in a school zone. All costs and fees are subject to change without notice
You will have 90 days to submit your driver safety course certificate of completion and a certified copy (3A) of your driving record from the Department of Public Safety in Austin.
Where You Can Take a Driving Safety Course
To find a driver safety/defensive driving course that is State-approved for the dismissal of a traffic citation, or to verify the course you have chosen is State-approved, visit the Texas Department of Licensing and Regulation (TDLR).
Where You Can Get Your Certified Driver Record
You can request a copy of you 3A certified driver record online or request an order form by visiting the Texas Department of Public Safety (DPS).
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When You Are Not Eligible to Request a Driving Safety Course
- You received a ticket for speeding 25 mph over the posted speed limit
- The offense occurred in a construction zone with workers present
- The offense was for unlawfully passing a school bus
- The offense was for leaving the scene of an accident
- You have or held a commercial drivers license (CDL) at the time of the offense
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If you are not eligible to do the driver safety course program, contact the court to see if you are eligible for other options that may help you avoid a conviction appearing on your driving record and criminal record.
Failure to Complete a Driving Safety Course
If you fail to complete any one of the requirements by your due date, you will need to attend your show cause hearing. The date is preset when you sign up for the DSC. If you fail to appear at the hearing, a conviction on your case will be imposed and payment will be due immediately. If payment is not made immediately or an appeal bond filed, a capias profine warrant with a $50 warrant fee will be issued, and an additional $15 or $25 State time payment fee will be added.
Did you know that you have the right to simply enter a plea, pay, and close your case? *excluding juvenile and assault family violence cases
***Please note: This may result in a conviction that could appear on and may negatively impact your driving record and/or your criminal background.
Payments in Warrant Status
Payments made online or via the automated phone system, can only be made between the hours of 8:00 am to 4:00 pm if the case is in warrant status.
*No checks are accepted on warrants.
Payment Types
Payment must be for the full amount due on the citation. Payment in the form of check or money order is to be payable to the City of Duncanville. Make certain the amount sent is sufficient to pay the fine. All incorrect checks will be returned and the case will remain open. Please put your ticket number on your check or money order. Credit card payments will not be accepted through the mail. Checks are not accepted if you are paying on a warrant.
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Automated Phone System
Make a payment using our automated phone system at:
1 (844) 541-1886
All major credit cards accepted.
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Online Payments
To pay your citation online and in full, please visit the City's online payment portal.
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24-Hour Depository
You may pay fines 24 hours a day by dropping the payment in the water utility night depository. The drop box is located in the front parking lot of City Hall at 203 E. Wheatland Rd.
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In-Person Payments
You may make payments at the court office inside City Hall's north office between the hours of Monday - Friday, 8:00 am to 5:00 pm, excluding observed holidays.
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To pay by mail use the following address:
Duncanville Municipal Court
203 E. Wheatland Rd.
Duncanville, TX 75116
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Pay by Mail
Payments made by mail must be postmarked on or before the court appearance or due date to avoid additional fees or further judicial proceedings, such as a warrant for your arrest. Allowing a court case to go into warrant status substantially increases the amount of the fines and fees due.
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You have the right to contest the charge against you and argue your case in court.
About Municipal Court Trials
Trials conducted in the Duncanville Municipal Court are in accordance with the due process requirements of the United States Constitution, Texas Constitution, and Code of Criminal Procedure. Defendants may be represented by an attorney or may act pro se, which is a Latin term meaning that the defendant represents his / herself at trial.
Complaint
Article 1.05 of the Texas Code of Criminal Procedure states that a defendant cannot be brought to trial until being formally charged with the offense in a complaint. The complaint is a sworn document that alleges the offense you are alleged to have committed and that your conduct was unlawful. Only the offenses alleged in the complaint may be brought to trial.
PRE-TRIALS
Your first hearing will be a pre-trial hearing. At this hearing, you will have the opportunity to discuss with the prosecutor the options available to you to dispose of your case. If you and the prosecutor are unable to come to a satisfactory agreement, you will have the right to request a trial by judge or jury.
JURY TRIALS
Jurors from the Duncanville community will be summoned to appear for service. The municipal court prosecutor and defendant will have the opportunity to question the potential jurors to learn of any biases or prejudices present that could prevent a fair and impartial trial. The defendant and the prosecutor may each strike three potential jurors from the voir dire. All cases tried in the municipal court will be heard by a petit jury that consists of six people.
BENCH TRIALS (TRIAL-BY-JUDGE)
If a defendant elects a bench trial, the presiding judge will hear and decide the case. The defendant and prosecutor will present their evidence to the judge. The judge then applies the appropriate law, weighs the evidence presented, and renders a verdict of guilty or not guilty. The judge will also assess the defendant's fine and order the costs and fees to be paid by the defendant if the defendant is found guilty. If the defendant is found not guilty, the case is dismissed, and no costs or fines are owed by the defendant.
JUDGMENT/VERDICT
If the case is tried by the judge, the decision is called a judgment. If the case is tried by a jury, the decision is called a verdict. The judge or jury can consider only the testimony of witnesses and any evidence admitted during the trial. If you are found guilty by either the judge or jury, the penalty will be announced at that time. Unless you plan to appeal your case, you should be prepared to pay the fine at this time.
APPEALS
The Duncanville Municipal Court is a court of record and follows the rules of appeal found in Chapter 30 of the Texas Government Code.
Capias and Arrest Warrants
You may also hear these referred to as may also be referred to as alias warrants. These cases are still bondable, either by the defendant, a friend or family member, or an attorney. These cases may still be eligible for dismissal by appearing in court.
Capias Pro Fine Warrants
Judgment has already been entered on these cases and they are no longer bondable. The only step remaining on these cases is to pay the full balance or make alternative arrangements to pay.
Payments in Warrant Status
Payments made using the automated system for citations in Warrant Status, can be done between the hours of 8:00 am to 4:00 pm. This is to ensure that a court clerk is available to clear your warrant before the end of business. Payments can be made via the City's payment portal.
Collections
The City of Duncanville has currently contracted with McCreary, Veselka, Bragg & Allen, P.C. to assist in collecting fines from individuals with outstanding warrants. If you would like to contact MVBA for payment arrangements, they can be reached at 1-866-955-5455.