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Defendant's "Right" to Deferred Disposition - Traffic Offenses

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April 07, 2003, 17:25
Neel McDonald
Defendant's "Right" to Deferred Disposition - Traffic Offenses
As usual, I am hopelessly confused by all the "legal mumbo-jumbo" in the Transportation Code. The current applicable statute, �45.051 of the CCP, appears to make it discretionary with the Court. However, �543.101 of the Trans Code, which as far as I can tell has never been repealed, refers to a requirement for the Defendant to be notified that he, "may be able to REQUIRE that this charge be dismissed by taking a driving safety course."

I believe there was formerly a provision which did require a court to allow driving courses under certain circumstances, but those sections (543.102 to 543.110) were repealed by the '99 Legislature (See also CCP 45.541). What's the dang deal, do the JPs have complete discretion or not? Confused