Possible deferred disposition failure to comply situation - speeding ticket.

Asked almost 3 years ago - Plano, TX

I received a traffic ticket by the city of Plano and got it dismissed though the DSC.

2 weeks after that ticket, Plano cited me for going 49 in a 35. Since then I paid my fee for the deferred disposition and provided documentation of a drivers safety course taken as a condition of the deferred disposition. The other condition that I need to meet by02/05/2012 is a DPS road test.

I had 3 months to do the DPS road test, I procrastinated the first month and then I had surgery. My first attempt to obtain a DPS road test was on 01/10/2012 and I found out they don't do walk-ins anymore. The only appt time was today, 01/31. I failed the test. The next appt is in March.

What typically happens in the show cause hearing, add'l fees, more convictions? What happens if i waive the show cause hearing

Attorney answers (2)

  1. Matthew Ryan Montes

    Contributor Level 12

    Answered . The show cause hearing is typically a hearing where you get to "show cause" for why you didn't comply with the terms of your deferred. In these situations, it is ultimately up to the judge to determine what he wants to do with you, but your surgery may be reason enough for the judge to give you more time. You might want to consult a local attorney familiar with that court to see what the judge likes and expects to see.

    No attorney-client relationship is established by this posting. The information provided by the this attorney on... more
  2. Justin Allen Coquat

    Contributor Level 5

    Answered . ANSWER: You asked, "What typically happens in the show cause hearing...." and the answer is it depends on the jurisdiction and judge. However, the purpose of the hearing is exactly what is sounds like, that is, to show (or give) a cause (or reason) why you failed to complete all the terms of your probation.

    You should NOT waive (fail to show up for) the show cause hearing. Go and explain to the judge your situation. The fact of the matter is that you did comply with the order to appear for a road test - you simply failed it. Explain to the judge you tried to comply and that you will do so again in March if he/she will grant you an extension. Be polite and a reasonable judge will likely give you the extension of time to complete a successful road test.

    I suggest you hire an attorney to help you out and assist with telling your story to the court. There are many quality traffic ticket lawyers in the metroplex who can help you for a relatively small fee, certainly smaller than paying for convictions and extra fines.

    Justin A. Coquat, J.D.

    The Coquat Law Firm is based in San Antonio, Texas and answers questions on AVVO.com for general information... more

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