Choosing between a deferred disposition and defensive driving often arises after a traffic violation. Both options aim to keep a conviction off your record, but they differ significantly in their purpose, requirements, and implications. This comprehensive guide will clarify the key distinctions to help you make an informed decision.
What is a Deferred Disposition?
A deferred disposition is a legal agreement where a judge postpones a formal finding of guilt. This means that if you successfully complete the terms of the agreement (often including fines, community service, or attending a specific program), the charges against you are dismissed, and the case is closed without a conviction appearing on your driving record. Think of it as a "probationary period" for your legal case. Failure to complete the terms, however, will result in a conviction.
Key Features of a Deferred Disposition:
- No immediate conviction: Your record remains clean until the terms are completed.
- Conditional dismissal: The case is dismissed only if you adhere to all conditions.
- Varying terms: The specific terms of the agreement are set by the judge and vary depending on the offense and your circumstances.
- Potential for serious consequences of failure: Non-compliance leads to a conviction and the associated penalties.
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 a court appearance or as a condition of a plea bargain. Successfully completing the course often results in a reduction of fines or points on your license, but it doesn't necessarily prevent a conviction from appearing on your record. The primary goal is driver education and improvement, not the avoidance of a conviction like a deferred disposition.
Key Features of Defensive Driving:
- Driver education focus: The core purpose is to teach safe driving habits and improve knowledge of traffic laws.
- May or may not avoid conviction: This depends on the specific terms of the agreement or court order. Sometimes it's offered as a way to reduce penalties associated with existing convictions.
- Usually involves a fee: The course itself comes with a cost.
- No guarantee of record clearance: While it might reduce penalties, it won't automatically clear your record.
Deferred Disposition vs. Defensive Driving: A Side-by-Side Comparison
| Feature | Deferred Disposition | Defensive Driving |
|---|---|---|
| Primary Goal | Avoid a conviction on your driving record | Improve driving skills and knowledge of traffic laws |
| Impact on Record | No conviction if terms are met; conviction if not met | May or may not affect the record, depending on circumstances |
| Legal Outcome | Conditional dismissal of charges | Reduction of fines or points; possible conviction |
| Completion Requirements | Judge-determined conditions (fines, community service, etc.) | Course completion and associated fees |
What Happens If I Don't Complete a Deferred Disposition?
Failure to complete the terms of a deferred disposition will result in a conviction being entered against you. This means that your driving record will reflect the offense, and you'll face the penalties associated with the original charge, potentially including increased fines, license suspension, or even jail time.
Can I Take Defensive Driving Instead of a Deferred Disposition?
This depends entirely on the court's offer and the specific circumstances of your case. Sometimes, a defensive driving course is part of a deferred disposition agreement, but it's not a direct replacement. You need to discuss your options with the court or your attorney.
Which is Better for Me?
The best choice depends entirely on your individual circumstances, the specific charges, and your state's laws. It's crucial to consult with a legal professional who can assess your situation and advise you on the most appropriate course of action. They can help you understand the implications of each option and guide you towards the best solution for your case. Don't rely solely on online information – seek personalized legal advice.
