If you are charged with a traffic offense, you may be eligible to ask the judge to take a driving safety course (DSC) to dismiss the charge. The request must be made on or before the appearance date on the citation. It may be made either orally or in writing. If you were operating a motorcycle, you must take a motorcycle operator course (MOC). If you were the driver charged with not wearing a safety belt or transporting a child not in a safety belt or child passenger safety seat system, you must take a driving safety course that has four hours of instruction about seat belts and child passenger safety seat systems.
At the time of the request, you must do the following:
- Present proof of financial responsibility (liability insurance);
- Present proof of a valid Texas DL or permit;
- Plead guilty or no contest; and
- Pay court costs and an administrative fee.
The case will be postponed for 90 days to allow you time to complete the course. You must attend a driving safety course that has been approved by the Texas Education Agency or a motorcycle operator’s course approved by the Department of Public Safety.
You are eligible to request this course if you:
- Have not taken a driving safety course or motorcycle operator course for a traffic offense within the 12 months preceding the current offense;
- Are not currently taking the course for another traffic violation;
- Do not have a commercial driver’s license; and
- Have not committed one of the following offenses:
a. Failure to Give Information at Accident Scene;
b. Leaving Scene of Accident;
c. Passing a School Bus;
d. A serious traffic violation, which applies to commercial motor vehicle operators;
e. An offense in a construction maintenance zone when workers are present; or
f. Speeding 25 mph or more over limit.
On or before the end of 90 days you must present to the court:
- A copy of your driving record from the Department of Public Safety that shows that you have not had a driving safety course within the preceding 12 months from the date of request for the current offense;
- An affidavit that you were not taking a driving safety course at the date of request and that you have not taken one that is not shown on your driving record in the 12 months preceding the date of request.
- A uniform certificate of course completion from the driving safety school or a verification of course completion from the motorcycle operator course.
If you do not take the course in the time required and/or fail to present the court with all the required evidence, the court will notify to appear for a show cause hearing. If you have a good reason why you were unable to present your proof within the time required, the judge may, but is not required to, grant you an extension. Your failure to be present at that hearing will result in a capias pro fine warrant for your arrest being issued.