Deferred Disposition

The court offers the option to "defer" or postpone the disposition of your case and place you on probation for a specified period of time during which you must comply with certain terms and conditions. Terms vary depending on the type of violation and not all violations have this option. At the end of your deferral period, if you have successfully completed the terms of your deferral in a timely manner, your violation will be dismissed and notice will not be sent to the Department of Public Safety. Nothing will go on your record outside of the Austin Municipal Court.

Failure to make your payment and meet all of the other terms of your deferral in a timely manner will violate your Deferred Disposition Order. You will be mailed a notice to come to Court for a hearing at which time you will be given an opportunity to explain to a Judge why you failed to comply with the terms of the deferral in a timely manner. If you fail to appear or your explanation is insufficient, you will:

• Be found guilty of the charge,
• Your payment will be applied to the fine, and
• A conviction will be reported to the Department of Public Safety and placed on your driving record. This could result in loss of your driving privileges and/or surcharges.

Non-Eligibility: You are not eligible for a deferred disposition for a moving violation if you:

• Are charged with:
• Speeding 25 mph or more above the posted speed limit.
• Leaving the scene of a collision.
• Passing a School Bus.
• Received your citation while driving in a construction zone when workers were present.
• Have a commercial driver license even if the violation occurred while you were driving a private vehicle.

There may be other reasons you are not eligible for a deferred disposition. Each case is unique and must be reviewed prior to granting a deferred disposition. If you send in paperwork and are not eligible, you will be notified by mail to select another option to handle your case.

Appearance at Court Required:
You must appear at court to request a deferred disposition if:

• You are a juvenile (under the age of 17). As a juvenile, you must appear in person with your parents or legal guardians at the date and time assigned by the court prior to requesting a deferred disposition. You must keep your address updated with the Court because notices will be mailed; OR
• You are charged with a code violation (violation other than traffic, parking, red light camera, "no insurance", no driver license or driving with license invalid). Please review your citation or you may contact the court to determine if you are required to attend an appearance docket.

Moving Violation Deferral Terms and Procedure (non-bicycle):
The terms of the deferred disposition are listed on the form. If you agree to the terms, submit the following by mail or in person:

1. Completed copy of this deferral request form; and
2. Check or money order made payable to the Austin Municipal Court (cannot be paid online)*; and
3. Copy of your driver license.

Moving Violation Deferral Terms and Procedure (bicycle):
The terms of the deferred disposition are listed on the form. If you agree to the terms, submit the following by mail or in person:

1. Completed copy of this bicycle deferral request form; and
2. Check or money order made payable to the Austin Municipal Court (cannot be paid online)*

Failure to Maintain Proof of Financial Liability ("No Insurance") Deferral Terms and Procedure:
The terms of the deferred disposition are listed on the form. If you agree to the terms, submit the following by mail or in person:

1. Completed copy of this deferral request form ; and
2. Check or money order made payable to the Austin Municipal Court (cannot be paid online)*; and
3. A copy of your insurance policy or binder; and
4. A copy of your driver license.

No Driver License or Driving While License Invalid Deferral Terms and Procedure:
The terms of the deferred disposition are listed on the form. If you agree to the terms, submit the following by mail or in person :

1. Completed copy of this deferral request form; and
2. Check or money order made payment to the Austin Municipal Court (cannot be paid online)*.