Tex.
Code of Crim. Proc. Article 45A.352
Driving Safety or Motorcycle Operator Training Course Completion
(a)
The judge shall require a defendant to successfully complete a driving safety course approved by the Texas Department of Licensing and Regulation or a course under the motorcycle operator training and safety program approved by the designated state agency under Chapter 662 (Motorcycle Operator Training and Safety), Transportation Code, if:(1)
the defendant elects driving safety course or motorcycle operator training course dismissal under this subchapter;(2)
the defendant:(A)
has a Texas driver’s license or permit; or(B)
is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty;(3)
either:(A)
the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12-month period preceding the date of the offense; or(B)
the defendant:(i)
does not have a Texas driver’s license or permit;(ii)
is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty; and(iii)
has not completed a driving safety course or motorcycle operator training course, as appropriate, in another state within the 12-month period preceding the date of the offense;(4)
on or before the answer date on the notice to appear, the defendant enters, under Article 45A.151 (Defendant’s Plea)(a), a plea of nolo contendere or guilty in person or in writing and:(A)
presents in person or by counsel to the court a request to take a course; or(B)
sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course;(5)
the defendant is charged with an offense to which this subchapter applies, other than speeding at a speed of:(A)
95 miles per hour or more; or(B)
25 miles per hour or more over the posted speed limit; and(6)
the defendant provides evidence of financial responsibility as required by Chapter 601 (Motor Vehicle Safety Responsibility Act), Transportation Code.(b)
The court may dismiss only one charge for each completion of a course described by Subsection (a).(c)
Notwithstanding Subsections (a)(3) and (4), before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this subchapter.(d)
A request to take a driving safety course or motorcycle operator training course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant’s promise to appear.
Source:
Article 45A.352 — Driving Safety or Motorcycle Operator Training Course Completion, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm#45A.352 (accessed Jun. 5, 2024).
