Choosing between a deferred disposition and a defensive driving course often arises after a minor traffic offense. While both aim to keep a clean driving record, they serve different purposes and have distinct implications. This article clarifies the key differences, helping you understand which option might be best for your specific situation.
What is a Deferred Disposition?
A deferred disposition is a legal agreement offered by the court. If accepted, the charges against you are temporarily suspended. This means the offense doesn't appear on your driving record during the deferred period. To successfully complete a deferred disposition, you must fulfill specific conditions, which typically include:
- Maintaining a clean driving record: No further traffic violations during the deferred period.
- Completing community service or other requirements: This can range from attending traffic school to paying fines or performing community service hours.
- Avoiding further legal trouble: Any new arrests or legal issues can jeopardize the deferred disposition.
If you successfully complete all conditions within the specified timeframe (usually 6-12 months), the charges are dismissed, and the case is expunged from your record. Failure to meet these conditions will result in the charges being reinstated, leading to penalties like fines, points on your license, and even jail time.
What is a Defensive Driving Course?
A defensive driving course, also known as a driver improvement course, is an educational program designed to improve driving skills and knowledge of traffic laws. It's typically offered through state-approved providers and focuses on safe driving techniques, hazard recognition, and defensive driving strategies. These courses don't directly affect court proceedings.
While a defensive driving course might be a condition of a deferred disposition, it's a separate entity. It's frequently used to reduce points on your license after a conviction, or sometimes as a way to avoid court altogether for minor infractions in some jurisdictions (check your local laws). Completing a defensive driving course generally leads to a reduction in insurance premiums.
Can I choose between a Deferred Disposition and Defensive Driving?
The choice isn't always yours. Whether you're offered a deferred disposition depends entirely on the judge's discretion and the specifics of your case. The judge considers the severity of the offense, your driving history, and other relevant factors. Defensive driving is usually offered as a separate option, often after a conviction, or as a pre-emptive measure to avoid court altogether for minor offences (again, check your local laws).
In short: A deferred disposition is a legal agreement that postpones court action; defensive driving is an educational course that improves driving skills and might be used in conjunction with a deferred disposition or to reduce points on your license after a conviction.
Is a Deferred Disposition better than a Defensive Driving Course?
The "better" option depends on your situation. A successful deferred disposition keeps a clean driving record, avoiding points and potential insurance increases. However, it requires strict adherence to conditions, and failure can have serious consequences. A defensive driving course is less risky but doesn't remove the conviction from your record. The choice boils down to your risk tolerance and the specific terms offered by the court.
How do I find out what options are available to me?
The best way to determine which path is right for you is to consult with a legal professional or contact the court handling your case. They can provide advice based on the specifics of your situation and local laws.
What are the consequences of not completing a deferred disposition?
Failure to complete the terms of a deferred disposition leads to the reinstatement of the original charges. This can result in fines, points added to your driving record, increased insurance premiums, license suspension, or even jail time, depending on the offense and your jurisdiction.
How long does a deferred disposition last?
The length of a deferred disposition varies by jurisdiction and the specifics of the case but generally lasts between six months and a year.
What happens if I get another ticket during a deferred disposition?
Getting another ticket while on a deferred disposition is a serious breach of the agreement. This typically results in the immediate revocation of the deferred disposition and the full weight of the original charges coming into effect.
