Deferred Disposition (Probation)
Virtually all moving violations, with very few exceptions, are eligible for a deferred disposition. Successful completion of this probationary period will prevent a violation from appearing on your driving record. The length of the deferred disposition period can be anywhere between 90-180 days according to the judge's ruling.
Class C License Holders (Regular Driver's License)
Eligibility Conditions to request Deferred Disposition for a Citation
- You must not be currently participating in deferred disposition (probation) in any Court, including the Town of Westlake.
- If you are under 25 years of age, you will be required to attend a driver safety course as a condition of your deferred disposition.
- Your citation cannot have occurred in a construction zone with the workers present. This information will be contained on the front of your citation.
- You must not have received a citation for 25 or more miles over the speed limit in a regular zone or 10 or more miles over in a school zone.
- You must not possess a Class B or Class A driver's license for commercial vehicles.
- If you do not meet all of these conditions and you would like to enter your plea before the Judge you must appear at the Court date and time listed on your citation. In some instances, State law will not allow the Judge to grant deferred disposition and therefore a personal appearance will not alter your ability to request probation.
Deferred Disposition Request Procedures
- Online: To submit your Deferred Disposition request online, please click here.
- Fax: You may request deferred disposition by faxing the form along with your online receipt after payment is made. You should contact the Court to make certain the fax has been received. Fax number: (817) 430-0967
- In Person: You may appear at the court window (9:00 a.m. to 4:00 p.m.) and speak with the clerk. He/she will provide you with the appropriate request form and receipt for your payment at that time.
- Mail: You MUST fill out the request form and mail it to the court with the proper payment amount.
Upon submission of your request form, the Judge will review your driving history and will either approve or deny your application. Deferred disposition is at the Judge's discretion and not an automatic approval or option offered by the court. The Judge may also require the defendant to take a driver safety course as a condition of the deferred offer.
In accordance with state law, the court must receive the request within 10 days of payment being made.
- The term of the deferral will generally last for 90 days.
- Should the Judge change the period from 90 days, the Court will send you notification of the extended length of probation.
- Should the Judge require additional conditions, such as a driver safety course, the Court will also notify you of the requirement.
If denied: You will receive a new court date to appear before the Judge to discuss your case or to allow you to make your request in person.
All requests and payments must be mailed/postmarked by the court date listed on the front of your citation. Failure to do so could result in the request being denied and the case being reset to the next available court date.
Deferred Disposition Compliance
During the deferral period, defendants must drive and operate their vehicle without receiving another moving violation during the probationary period.
Failure to adhere to this rule will result in the case being set for a show-cause hearing. The hearing will allow you the opportunity to provide proof of the emergency situation that resulted in you receiving another citation while on probation.
Upon successful completion of your probation period, the Judge will dismiss the case if you have not received another citation. You are not required to reappear in court or provide the Judge with a completion affidavit.