Traffic Infraction Deferral
Can I keep my traffic ticket “off my record”?
If you have received a traffic infraction, you may be eligible for a deferral. By successfully completing a deferral, the Court will not report your ticket to the Department of Licensing (DOL). You may defer only one moving infraction and only one non-moving infraction every seven years. The length of deferral is for a period of 1 year. As a condition of your deferral, you may be required to attend a Driver Improvement Class (Traffic School) and pay an administrative fee. If you commit a new traffic infraction at any location during your deferral or fail to attend traffic school or fail to pay the administrative fee, the Court will report your deferred ticket as a conviction to DOL. Any entry made other than an unconditional dismissal, not guilty finding, or not committed finding, will be deemed a committed finding for purposes of this deferral.
How do I ask the Court to defer my infraction?
You must file a completed Request to Defer Traffic Infraction form within 15 days of receipt of the violation you wish to have deferred. The Court in it’s own discretion, may allow a Deferred Finding after the initial 15 days have elapsed. When the Court receives your Request to Defer, it will be reviewed by a judge and, if appropriate, an Order will be signed setting conditions and costs. A copy of the signed Order will be mailed to you. The Court will not consider deferral requests on the day of a scheduled traffic infraction hearing if witnesses have been subpoenaed for and appear at your hearing. Drivers who have a CDL are not eligible for a deferral, even if the infraction occurred while driving a non-commercial vehicle.
Out-of-State drivers must provide a current copy of their home state driving record along with the completed Request to Defer Traffic Infraction form. This is to verify that their license does not have a Commercial Driver’s License endorsement and will be used to determine whether or not the defendant will be required to complete a traffic safety class.
What does it cost to defer my infraction?
You must pay an Administrative Fee which may be up to $175, which the court uses to cover the expense of checking your eligibility for deferral and to monitor your compliance with deferral terms. The judge may, in his or her own discretion, reduce the administrative fee.
Are there other costs?
You must pay to attend the traffic school, if required. The current charge for traffic school is approximately $45.
What if I don’t pay the administrative fee as scheduled, miss my traffic school appointment, or commit a new traffic infraction?
The Court will end your deferral and will report to DOL that you committed your traffic infraction. You will also then be required to pay the court the original amount of the violation. This amount is in addition to the Administrative Fee previously assessed. There are no exceptions to this policy.
What infractions do not qualify for deferral?
The Court does not allow deferral for the following infractions:
- Passing a School Bus
- Any infraction where a fatality occurred
- No Insurance violations
- No Valid Operator’s License – with ID
- OR - Any infraction issued to a defendant who is operating a commercial vehicle or who has a Commercial Driver’s License (CDL).