Deferred Disposition

You may be eligible for deferred disposition and have your violation dismissed. However, you will lose that right if you do not request deferred disposition at the court on or before your initial appearance date.

Qualifications

MOVING VIOLATIONS

A defendant is eligible for deferred disposition at the Clerk’s window or ONLINE for a moving violation if:

  1. The defendant shows proof of a valid Driver’s License (not restricted to Texas D.L.);
  2. The defendant pays the court costs and the special expense fee, and any other fees, in full at the time of the request;
  3. The defendant has not been granted deferred in the City of El Lago within twelve (12) months of the date of the request;
  4. The defendant is not currently on deferred in any other jurisdiction;
  5. The defendant signs an affidavit requesting deferred disposition.
  6. The amount of the Special Expense Fee shall be the “window fine” as listed Common Fine Amounts, plus $25.00 (twenty-five dollars.)
  7. If the Defendant is under the age of 25 (twenty-five) years, the Defendant must take a driver’s safety course as a condition of the deferred adjudication.
  8. Final disposition shall be deferred for 90 days.

A defendant is not eligible for deferred disposition at the Clerk’s window for a moving violation if:

  1. The driver is the holder of a commercial driver’s license (CDL).
  2. The defendant was involved in an accident resulting in property damage or personal injury.
  3. The offense occurred in a construction zone, or maintenance work zone when workers were present.
  4. The offense involves passing a school bus.
  5. The offense involves failing to obey a school crossing guard.
  6. The offense involves speeding in excess of 24 mph over the speed limit.
  7. The case is in “warrant status,” as defined by the Court’s standing orders; or
  8. The defendant has been convicted of 3 or more moving violations in the State of Texas within the 3 years preceding the issuance of the current citation. 

NON-MOVING VIOLATIONS

A defendant is eligible for deferred disposition at the Clerk’s window for a non-moving violation if:

  1. The defendant pays the court costs and the special expense fee, and any other fees, in full at the time of the request;
  2. The defendant has not been granted deferred in City of El Lago within twelve (12) months of the date of the current request for deferred; and
  3. The defendant is currently not on deferred in another jurisdiction.
  4. The amount of the Special Expense Fee shall be the “window fine” as listed Common Fine Amounts, plus $25.00 (twenty-five dollars.)
  5. Final disposition shall be deferred for 90 days.

A defendant is not eligible for deferred disposition at the Clerk’s window for a non-moving violation if:

  1. The offense involves a violation of the Alcoholic Beverage Code;
  2. The offense is for DUI or Possession of Drug Paraphernalia;
  3. The offense involves violations of Chapter 161 of the Texas Health and safety Code (tobacco violations);
  4. The offense involves personal complaints (citizen complaints);
  5. The defendant has been convicted of 3 or more non-moving violations in the State of Texas within the 3 years preceding the issuance of the current citation.

Additional Disqualifications

Disqualifications are not limited to the prior list of qualifications, for instance: if you have a commercial driver’s license you are not eligible for deferred disposition. Deferred disposition may not be granted due to the charge against you. All requests that are denied may be set for court so that you may discuss your specific situation with the judge.

How to Request Deferred Disposition

All deferred disposition requests must be made either in person at the Municipal Court Office at 98 Lakeshore Drive in El Lago or by contacting the Court Administrator by calling 281-326-4413.  You can also email courtadmin@ellago-tx.gov for inquires on deferred disposition.

After Approval

Upon approval of deferred disposition, your case will be placed on probation for a period of 90 days. If you are under the age of 25, you are required by law to complete a defensive driving course as a condition of your deferral. Court costs and special expense fees apply; contact the court for specific information.

Failure to Comply

Failure to pay your fees by the appearance date, deferral due date, or receiving a violation during your deferral period will violate your deferred disposition order. Failure to comply with any part of the deferral order will result in a conviction reported on your driving record and a capias warrant may be issued.