Choosing between a deferred disposition and defensive driving can be confusing, especially when facing traffic violations. Both offer alternatives to traditional court proceedings, but they serve vastly different purposes and have distinct implications for your driving record. This article will clarify the key distinctions between these two options and help you understand which might be right for you.
What is a Deferred Disposition?
A deferred disposition is a type of probation offered by the court in lieu of a conviction. It's often available for first-time offenders facing minor charges, such as speeding tickets or minor traffic infractions. If you successfully complete the terms of the deferred disposition, the charges are dismissed, and it won't appear on your driving record as a conviction. However, failure to meet these terms (e.g., paying fines on time, completing community service) can result in the charges being reinstated and a conviction recorded against you. The specific terms of a deferred disposition are set by the court and can vary depending on the circumstances of the case and the jurisdiction.
What is Defensive Driving?
Defensive driving is a course designed to improve driving skills and knowledge of traffic laws. It's often offered as an alternative to court for minor traffic violations, such as speeding tickets. The course focuses on safe driving practices, risk management, and conflict avoidance. Successfully completing a defensive driving course often results in a reduction or dismissal of the associated fines and points on your driving record. However, unlike a deferred disposition, completing the course does not prevent a conviction from appearing on your driving record, though the points associated with the violation might be reduced or removed.
Key Differences: Deferred Disposition vs. Defensive Driving
Here's a table summarizing the key differences:
| Feature | Deferred Disposition | Defensive Driving |
|---|---|---|
| Nature | Court-ordered probation; avoids conviction if successful | Educational course; may reduce fines and points |
| Impact on Record | No conviction if successfully completed | Conviction may remain, but points may be reduced or dismissed |
| Outcome | Charges dismissed upon successful completion | Fines reduced, points reduced or dismissed upon completion |
| Focus | Legal consequence avoidance | Driver improvement and safety |
| Availability | Varies by jurisdiction and charge severity | Widely available for many minor traffic violations |
How Do I Choose Between Them?
The best option depends entirely on your specific circumstances and the laws in your jurisdiction. Some jurisdictions may not offer deferred dispositions for certain offenses, while others may only offer them in specific cases. Furthermore, the terms of a deferred disposition can be quite stringent, making it a less desirable option for some individuals. Defensive driving is often a simpler, less legally complex option, even if it doesn't completely clear the violation from your record.
What Happens if I Fail to Complete a Deferred Disposition?
Failure to fulfill the conditions of a deferred disposition can lead to serious consequences. This could include the reinstatement of the original charges, additional fines, a court appearance, and a criminal conviction that negatively impacts your driving record and insurance rates. This outcome is significantly more severe than simply having points added to your driving record.
Can I Do Both Defensive Driving and a Deferred Disposition?
In most cases, you cannot do both simultaneously. They are usually presented as alternative options to address a single traffic violation. The court will generally only allow one resolution method per charge.
Does completing Defensive Driving affect my insurance?
Completing a defensive driving course may positively affect your car insurance rates. Some insurance companies offer discounts for completing these courses. However, this varies by insurer, so it’s best to check with your specific provider.
This information is for general understanding only and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific situation.
