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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

(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 a written request to take a course to the court:

(i) by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear;  or

(ii) if authorized by the court, through a court-designated e-mail address or Internet portal, on or before the answer date on the notice to appear;

(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) If a defendant described by Subsection (a) is charged with more than one offense to which this subchapter applies arising out of the same criminal transaction, each charge for an offense described by this subsection is eligible for dismissal under this subchapter following the successful completion of one course described by Subsection (a) for all of the charges, provided that:

(1) each charge on its own would be eligible for dismissal under this subchapter;  and

(2) the defendant otherwise satisfies the requirements of this subchapter.

(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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