If you are charged with a moving violation (traffic offense), you may be eligible to ask the Judge to take a Driving Safety Course to dismiss the charge. The Driver Safety Request and Affidavit must be made before the appearance date on the citation and must be made by mail or email (municipalcourt@sunsetvalley.org). If you were operating a motorcycle, you must take a motorcycle operator’s training course. At the time of submitting the request, you must do the following:

1. Plead guilty or no contest;
2. Pay court costs and fees of $144 (or $169 if the violation occurred in a school zone);
3. Present proof of financial responsibility (insurance);
4. Present a Texas Driver’s License;
5. Have not requested and taken a driving safety course or motorcycle operator course for a traffic offense within the last 12 months;
6. Are not currently taking the course for another traffic violation;
7. Do not hold a Commercial Driver’s License; and
8. Have not committed one of the following offenses:
   • Failure to Give Information at Accident Scene;
   • Leaving Scene of Accident;
   • Passing a School Bus;
   • A serious traffic violation, which applies to commercial motor vehicle operators;
   • An offense in a construction maintenance work zone when workers are present; or
   • Speeding 25 mph or more over the limit.

The case will be deferred for 90 days. During that time you must:

1. Complete a driving safety course that has been approved by the Texas Department of Licensing and Regulation or a motorcycle operator’s course approved by the Department of Public Safety. There are online courses available, as well as courses to take in-person. Spanish language courses are also available.
2. Present a certified copy of your 3 year Driving record, obtainable from the Texas Department of Public Safety that shows you have not had a driving safety course within the preceding 12 months; and
3. Swear to an affidavit that you are not currently taking a driving safety course and that you have not taken one that is not shown on your driving record.

If you do not take the course in the time required and/or fail to present the Court with any of the required documents listed above, you will be notified of the date to appear for a Show Cause Hearing before the Judge. The Judge may, but is not required to, allow you to file the proper papers at that time. Your failure to be present at that hearing will result in a conviction, a fine being assessed, and a warrant for your arrest being issued.

Guidelines set forth by the Texas Code of Criminal Procedure: Art. 45.0511 DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR COURSE DISMISSAL PROCEDURES

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