Choosing between a deferred disposition and defensive driving can be confusing, especially when facing a traffic violation. Both offer a way to avoid a conviction on your driving record, but they differ significantly in their implications and applicability. This article will clarify the key distinctions between these two options, helping you make an informed decision if faced with this choice.
What is a Deferred Disposition?
A deferred disposition is a legal arrangement offered by some courts. It's essentially a period of probation where, if you successfully meet certain conditions (like completing community service, attending traffic school, or remaining violation-free), the charges against you are dismissed. This means the violation won't appear on your driving record. The conditions vary depending on the severity of the offense and the judge's discretion. Crucially, it's a court-ordered process, not a course you voluntarily take.
How does a Deferred Disposition affect my insurance?
The impact on your car insurance depends on your insurance company and state laws. While a deferred disposition doesn't result in a conviction, some insurers may still consider it when calculating your premiums. It's advisable to inform your insurance provider about the deferred disposition to understand its potential impact.
Can I get a deferred disposition for any traffic violation?
No. Deferred dispositions are typically offered for less serious offenses. More serious charges, like DUI or reckless driving, are unlikely to be eligible for a deferred disposition. Eligibility is determined by the court based on the specific circumstances and the defendant's driving history.
What is Defensive Driving?
Defensive driving is a course designed to improve driving skills and knowledge of traffic laws. It's a voluntary program, not a court-mandated requirement. Completing a defensive driving course can often result in a reduction in points on your driving record or even dismissal of a ticket, depending on your state's laws and the specific terms of your citation. Unlike a deferred disposition, it's primarily about improving driving habits and safety, rather than a legal arrangement to avoid a conviction.
How does Defensive Driving affect my insurance?
Many insurance companies offer discounts for completing a state-approved defensive driving course. This is because completing the course demonstrates a commitment to safer driving practices. Check with your insurance provider to see if they offer such a discount.
Can I take defensive driving for any traffic violation?
The eligibility for using defensive driving to reduce points or dismiss a ticket varies by state and even by specific traffic violation. Some states may only allow it for certain minor offenses, while others may have more lenient policies. Check your state's Department of Motor Vehicles (DMV) website for specific details.
Deferred Disposition vs. Defensive Driving: Key Differences Summarized
| Feature | Deferred Disposition | Defensive Driving |
|---|---|---|
| Nature | Court-ordered probationary period | Voluntary educational course |
| Outcome | Charges dismissed if conditions are met | Points reduction or ticket dismissal (depending on state laws) |
| Impact on Record | No conviction on driving record (if successful) | Potential point reduction or ticket dismissal |
| Insurance | May still affect insurance premiums | Often leads to insurance discounts |
| Eligibility | Limited to less serious offenses | Varies by state and offense |
Which is right for me?
The best option depends entirely on your specific circumstances and the charges against you. If offered a deferred disposition by the court, carefully consider the terms and conditions. If a defensive driving course is an option, weigh the potential insurance discounts against the time and cost of the course. Consult with an attorney or your local DMV to determine the best course of action for your situation. They can provide personalized guidance based on your specific traffic violation and location. Remember, seeking legal advice is always a wise choice when dealing with legal matters.
