Deferred Disposition (Informal Probation)
The court offers the option to “defer” or postpone the disposition of your case and place you on probation (informal through the court) for a specified period of time. With a plea of no contest or guilty, you may request that you be granted a deferred disposition dismissal if you are not currently on probation for another violation. During the deferral period, you must comply with the terms and conditions of your deferral. You must pay the fine and court costs in addition to a special expense fee and you can not receive any citations/convictions in the State during your deferral period. Terms do vary.
Offense categories that may be eligible for deferral include:
- Moving Violations - If you were under 25 years of age at the time of the offense, you must complete a driving safety course and present the certificate to the court before the end of your deferral period.
- If you were under 18 years of age at the time of the offense, you must complete a driving safety course, re-take the DPS driving test and present the certificate and test results to the court before the end of your deferral period.
- No Insurance Violation - Your request must be accompanied with proof of valid liability insurance. You will be required to maintain your liablity insurance coverage throughout the deferral period and at the end, the clerk will verify the coverage was valid through the insurance company.
You are not eligible for a deferred disposition on a moving violation if you are charged with:
- Leaving the scene of a collision
- Passing a school bus
- Speeding 25 miles or more over the posted speed limit
- Any traffic violation that occurred while driving in a construction zone while workers were present
- Have a commercial driver license even if the violation occurred while you were driving a private vehicle
Deferred Disposition Requests
You may only apply in person or by mail only.
If you meet the above criteria, you may request deferred disposition on or before your appearance date on your citation. If you are sending your request by mail, then it must be postmarked no later than the appearance date on your citation. When you make your request, you must provide the court the following requirements:
- Completed Deferred Disposition Request form(PDF)
- A copy of your valid driver license
- Current proof of insurance (for insurance violations only)
- Cashier’s check or money order made payable to Post Municipal Court (Call the court for deferral amount)
If you successfully comply with the terms of your deferral in the timeframe ordered by the court, your case will be dismissed. If any requirements are not met and you cannot provide a satisfactory reason why, at a hearing before the judge, you may be found guilty. If your offense is reportable to the Department of Public Safety (DPS), the court will provide notice of conviction to DPS. The judge has discretion of whether or not to grant deferred disposition.
Note: It is important to keep the Court notified of your current mailing address so you do not miss important correspondence.