Last updated September 15, 2026
Texas sets the rules for taking defensive driving (a driving safety course) in Article 45.0511 of the Code of Criminal Procedure. This page is the checklist version: what you must have, what disqualifies you, what you must file, and the two deadlines. If every item checks out, the court is required to grant your request.
Eligibility checklist
- Hold a valid Texas driver’s license or permit (or be active-duty military, or a military spouse/dependent, stationed in Texas)
- Not hold a commercial driver’s license, now or at the time of the offense
- Be charged with a moving violation under the Transportation Code or a city ordinance
- Have not completed a driving safety course or motorcycle operator course for dismissal in the 12 months before the offense date
- Show proof of financial responsibility (liability insurance) to the court
- Plead no contest or guilty and request the course on or before your answer date
- Speeding 25 mph or more over the posted limit
- Any speed of 95 mph or more
- Passing a stopped school bus
- Failing to stop and render aid / leaving the scene after a crash
- A violation in a construction zone with workers present
- A non-moving violation (no insurance, expired registration, parking, equipment)
The two deadlines
- Answer date (on your citation, typically 10–20 days after the stop): last day to plead and request the course. Missing it can trigger a failure-to-appear warrant.
- 90 days from the court’s approval: complete the course and file your documents. Courts rarely extend it after it passes.
What you file with the court
- Certificate of completion from a TDLR-approved 6-hour course (the uniform TDLR certificate; most providers deliver it as an instant PDF).
- Type 3A certified driving record from the Texas DPS, showing no course completion in the past 12 months. About $12 online. How to order it.
- The court’s affidavit stating you haven’t taken the course in the past 12 months and aren’t taking it for another ticket. Some courts fold this into the request form.
- Proof of insurance and a copy of your license if you didn’t provide them with the request.
Costs
- Course: $25 minimum by law ($35 for video formats at some providers)
- Type 3A record: ≈ $12
- Court costs: vary by court; the driving-safety-course administrative fee itself is capped at $10 by statute
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Special situations
- Under 25: same eligibility; if you instead take deferred disposition, the court will require the course as a condition anyway.
- Out-of-state license: not eligible under 45.0511. Ask the court about deferred disposition.
- CDL holder driving a personal car: still not eligible; the exclusion applies to the license, not the vehicle.
- Two tickets from one stop: the course dismisses one charge. Ask the clerk how the court handles the second; deferred disposition is common.
- Motorcycle: a TDLR-approved motorcycle operator training course can be used instead of the driving safety course.
Frequently asked questions
Can the judge deny defensive driving in Texas?
Not if you meet every requirement above and request it on time; the statute says the court “shall” grant it. The judge has discretion only over deferred disposition.
Does the 12-month rule run from the course date or the ticket date?
From the date of your previous course completion to the date of the new offense. If you finished a course on March 1 and got a new ticket the following February 20, you’re not eligible.
Do I need a lawyer?
Not for a routine moving violation. The request is a form. Consider a lawyer if the ticket involves a crash, a CDL, or a possible suspension.
Source: Texas Code of Criminal Procedure art. 45.0511.