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Texas Code of Criminal Procedure - CRIM P Art. § 45A.352. Driving Safety or Motorcycle Operator Training Course Completion

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective January 1, 2025>

(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, 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(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, 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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 45A.352. Driving Safety or Motorcycle Operator Training Course Completion - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45a-352/

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