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Information about Traffic Cases
Dismissal for Driving Safety Course
with Child Safety Seat Instruction

If you are charged with transporting a child who was not secured in a child passenger safety seat system or who was not secured by a safety belt, you may complete a specialized driving safety course for instruction in the proper use of child passenger safety seat systems.

You are not qualified to request a specialized driving safety course dismissal

· if you hold a commercial driver's license

· for offenses committed in a construction and maintenance work zone while workers were present.

Instructions for Requesting a Specialized Driving Safety Course Dismissal

On or before the appearance date on your ticket, you must:

(i) enter a plea of guilty or no contest;

(ii) waive a trial by jury;

(iii) submit a Specialized Driving Safety Course Request Form;

(iv) hold a valid Texas driver's license, or be a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty; and

(v) provide proof of automobile liability insurance or other proof of financial responsibility as required by Chapter 601 of the Texas Transportation Code.

You may take a Specialized Driving Safety Course that encourages the use of child passenger safety seat systems even if you are taking the a driving safety course at the time of this request, or if you have completed a driving safety course within the 12 months preceding the date of the offense, if those courses did not include instruction encouraging the use of child passenger safety seat systems.

Court Costs for Specialized Driving Safety Course

Pay court costs and fees in the amount of
$115.00

If eligible, you may apply and pay the court costs for the driving safety course online by using the Justice Courts’ web site.

Taking the Specialized Driving Safety Course

When you have qualified and have paid the court costs, the court will assess a fine but will defer the imposition of the judgment for 90 days to allow you to successfully complete the specialized driving safety course.

Do not take the course until you receive an Order from the court allowing you to do so.

Members of the United States Military

If you do not have a valid Texas driver's license but you are a member, or the spouse or dependent child of a member of the United States military forces serving on active duty, you must submit an affidavit stating that you were not taking a course in another state on the date the request to take the course was made, and that you have not completed such a course within the 12 months preceding the date of the course.

Requesting Your Driving Record

You may order your driving record by using the State electronic Internet portal at www.state.tx.us. You may also order your driving record from the Texas Department of Public Safety by sending an Application for Copy of Driver Record (DR-1) to:

Driver Records Bureau
Texas Department of Public Safety
Box 149246, Austin, TX, 78714-9246

Completing the Course and Dismissal

If you are allowed to take a specialized driving safety course, you have 90 days within which to complete the course and present to the court:

(1) a uniform certificate of specialized driving safety course completion;

(2) your driving record as maintained by the Department of Public Safety to show that no specialized driving safety course was completed within the 12 months preceding the date of the offense; and

(3) an Affidavit stating that you were not taking a specialized driving safety course under Article 45.0511, Texas Code of Criminal Procedure, on the date the request to take the course was made, and that you had not completed such a course that is not shown on your driving record within the 12 months preceding the date of the offense;

or

if you are a member, or the spouse or a dependent child of a member of the United States military forces serving on active duty who does not have a valid Texas driver's license, a Military Affidavit stating that you were not taking a specialized driving safety course 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.

In some instances, you may be required to pay a fee not to exceed the maximum fine for the offense.

If you successfully complete the specialized driving safety course as required, the charge against you will be dismissed.

*You may avoid an appearance in court by submitting the required documentation to the court, either in person or by mail, at any time before the date you are required to appear. If you are submitting your proof of completion and affidavit by mail, it is recommended that you keep copies of these documents.

Failure to Comply

If you fail to comply with the requirements for a specialized driving safety course dismissal, the court will notify you by mail, at your address on file with the court or at the address that appears on the citation, of a time and place to appear to show cause why the evidence was not timely submitted to the court. Failure to appear as required in the notice, or failure to show good cause, will result in the imposition of judgment requiring you to pay the fine immediately.

The court may, for good cause, extend the time during which you shall present a uniform certificate of course completion.

Failure to appear at this show cause hearing shall constitute an offense punishable by a maximum fine in the amount of $200.00.

More Information about Traffic Cases >>



General Information

This information is furnished to you to provide basic information relative to the law governing procedures for traffic cases in the Harris County Justice Courts.

The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.

You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself.

Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.