Court Appearance and Other Information
The following are violations that are required to appear in court:
- All alcohol related cases involving anyone under the age of 21; defendants under 18 years of age must appear with a parent or legal guardian.
- All Juveniles under the age of 17 must appear in court with a parent or legal guardian.
All Failure to Attend School violations must appear with a parent or legal guardian.
If you have been charge with a serious traffic violation such as listed below, your will only be able to pay the citation or appear in court for any other consideration. Examples of these types of violations are listed below:
- Speeding violations 25 or more miles over the posted speed limit.
- Speeding in a construction zone with workers present
- Violation involving an accident
- Driving while license suspended or invalid
- Speeding – Unsafe Speed
- Disregarding Railroad Crossing Gate or Flagman
- Disregarding School Crossing Guard
- Disregarding No Passing Zone
- Disregarding Official Traffic Control Device
- Disregarding Police Officer
- Fail to Stop – School Bus Loading/Unloading
- Fail to Yield Right of Way to Emergency Vehicle
- Fail to Control Speed
- Passing Authorized Emergency Vehicle
Your court date and time is referenced on your citation. Please contact the court office at (972) 347-3020 if you have any questions. You may reset your court date, pay your citation, select an option (if you violation is eligible) up to one business day prior to your court date to be removed from the docket. Court Dates will not be reset the day of court.
IF YOU WISH TO ENTER A NOT GUILTY PLEA, YOU MUST APPEAR IN PERSON ON YOUR COURT DATE AND TIME LISTED ON YOUR CITATION.
IF YOU HAVE HIRED AN ATTORNEY, YOUR ATTORNEY WILL NOTIFY THE COURT AND YOUR CASE WILL BE SET ON THE NEXT AVAILABLE ATTORNEY DOCKET.
(YOU MUST APPEAR IN COURT IF UNDER THE AGE OF 17)
These options are only available up to and including your court date:
- No Insurance – you may present proof of insurance for the date and time of the violation in order to have this violation dismissed without any fees. Proof must be submitted to the court on or before the court date listed on the citation. The insurance must be printed or an actual insurance card. The court is not able to use your cell phone to get the insurance information or to view your insurance card.
- Expired Registration – you may present proof of registration renewal in order to have this violation dismissed w/ a dismissal fee of $20.00 by doing the following: a) Proof of registration renewal will require that you present a receipt that shows that you also paid the penalty fee required for receiving a citation w/expired plates; b) You must inform the clerk at the registration office that you received a citation; c) The penalty fee must be paid to the state at the time of the renewal in order for the court to dismiss this violation; d) This must be presented to the court at least 24 hours prior to your court date along with $20.00 or to the Judge on your court date.
- Failure to Display Driver’s License – you may present a valid drivers license in order to have this violation dismissed. The drivers license must also have been valid on the date of the violation. There will also be a $10.00 compliance fee required at the time of dismissal.
OTHER IMPORTANT INFORMATION REGARDING NO INSURANCE VIOLATION
A second or subsequent conviction of an offense under the Texas Motor Vehicle Safety Responsibility Act will result in the suspension of your driver’s license and motor vehicle registration unless you file and maintain proof of financial responsibility with the Department of Public Safety for two years from the date of conviction. The Department of Public Safety may waive the requirement to file proof of insurance if you file satisfactory evidence with the Department showing that at the time the citation was issued, the vehicle was covered by a liability insurance policy or that you were otherwise exempt from the requirements to provide evidence of financial responsibility.
(YOU MUST APPEAR IN COURT IF UNDER THE AGE OF 17)
Deferred Disposition is a way of having your citation dismissed. The court will not report the violation to the Department of Public Safety. In order to have your ticket dismissed, you must complete a probationary period in which no additional convictions are received and all requirements imposed in the deferral conditions are satisfied.
If you are interested in disposing of your case through deferred disposition, you must request deferred disposition from the court either in person or by mail. You may also request deferred at your court appearance that is listed on your citation. Be sure that you are eligible by contacting the court clerk office at (972) 347-3020 prior to making the request.
Deferred Disposition will not be requested online or over the phone.
The following are the standard ELIGIBILITY requirements:
- You must not have been cited for speeding 25 miles per hour or more over the posted speed limit, or driving more than 90 miles per hour.
- You must not have received a citation in a work zone with workers present, traffic accident or you have outstanding warrants with the Town of Prosper.
- You will NOT be eligible for deferred disposition if you hold a Commercial Driver’s License, regardless of whether you were in a Commercial Motor Vehicle or personal vehicle.
- Deferred Disposition can only be approved after a plea of guilty or no contest is entered with the Court. This plea can be entered by mail along with required payment and documents. You may print and completing the application on the forms page of the court website or in person at the court office.
- You must pay a special expense fee and court costs in full along with your request to be approved. This fee can be found on the court fines web page. Special expense fee and court costs is as follows for eligible violations:
- If you are WERE UNDER THE AGE OF 25 ON THE DATE OF THE OFFENSE YOU ARE REQUIRED TO TAKE A SIX (6) HOURS DRIVER SAFETY COURSE. SEE THE APPLICATION FOR DEFERRED FOR FURTHER INFORMATION.
- You must not be convicted of any other violation of the law which occurs during the deferral period.
- If the above conditions are not met, the judgment of guilty will be come final and will be reported as a conviction as required by law.
- You must hold a valid Texas driver’s license that is not suspended or revoked.
- If you fail to comply with any one of the requirements per the Judge’s order of deferred disposition you will be notified by mail to appear for a show cause hearing, if you fail to appear for a show cause hearing, warrants will be issued
- You may request deferred disposition by written request along with the payment and a copy of your drivers license (mailed to P.O. Box 307, Prosper, TX 75078). The court does not accept personal checks.
- The fee for deferred disposition requested without an appearance before the Judge is as follows:
Not in a school zone $334.00
In a school zone $359.00
(the court does not accept personal checks and this request cannot be made online or over the phone)
Driver’s Safety Course
YOU MUST APPEAR before the judge with a parent IF UNDER THE AGE OF 17
EVERYONE MUST BE ELIGIBLE AND GIVEN WRITTEN PERMISSION BY THE COURT PRIOR TO TAKING A DRIVER SAFETY COURSE. IF YOU TAKE THE COURSE WITHOUT COURT APPROVAL, YOUR CERTIFICATE AND DRIVING RECORD WILL NOT BE ACCEPTED.
A driver’s safety course is a 6-8 hour course that can be taken in a class session, via internet, or home video. You must provide a written request to the court along with the required fee. When you have been approved, the course must be taken within the mandated time frame, course completion certificate submitted along with a certified copy of your driving history and the Court will not report the violation as a conviction to the Department of Public Safety. Your driving record will reflect that you have taken a driver safety course to have a violation dismissed. In order to be eligible for a driver’s safety course, defendants should not have completed the course within the past 12 months, not currently taking the Course, not going more than 25 MPH or more over the post speed limit, must have a valid Texas driver’s license and proof of insurance, not a Commercial driver’s license. To make a request for a driver’s safety course, you may come in person or submit your request by mail. The request must be received by the at least one business day prior to your court date. You may contact the court at 972-347-3020 to verify your eligibility prior to your request and payment.
- You must submit your request in writing to the court. You may do so in person or by mail (P.O. Box 307, Prosper, TX 75078)
- If you appear in person, the court has forms available at the clerk window
- Provide the Court with a copy of driver’s license and a copy of your proof of insurance.
- The fee for requesting to take a driver safety court is $129.00
- If your violation was committed in a school zone your fee is $154.00
- The court does not accept personal checks and this request cannot be made over the phone or online
- These fees are court costs/state fees and do not cover the cost of the course
- The Court also requires a notarized affidavit declaring you have not taken a driver’s safety course within the last 12 months. (Please go to the forms section and download form.)
- Request must be received in person or by mail at least 24 hours prior to your appearance date listed on your citation in person or by mail in order for you to be removed from the docket to see the Judge.
- Payment may be made with cashier check or money order by mail or in person
- Credit or Debit Cards are accepted in person only
- Certificate of Completion from a 6 hour State approved course.
- Certified copy of your driving record from Texas Department of Public Safety by mail or downloaded from their website: www.texas.gov (do not request your driving record prior to being approved to take the course by the court).
You will have 90 days to complete the course and turn in a signed certificate of completion and a certified copy of your DPS Driving Record. The certificate is the only evidence that you completed and passed the course, so it is important that you submit it to the Court by your 90 day deadline. You may submit the certificate and record to the court in person or by mail. If you choose to submit by mail, a copy of your driver’s license must be included. Mail to PO Box 307, Prosper, TX 75078.
No extensions will be given for the 90 day deadline after your have been approved to take the course. Do not take a driving safety course without first obtaining permission from the court.
Driving Safety Course may not be requested online or over the phone.
You are NOT eligible if:
- You hold a Commercial Driver’s License.
- You were charged with speeding 25 miles per hour over the speed limit or traveling at a speed greater than or equal to 90 miles per hour.
- You were charged with violating one of the following sections of the Transportation Code (TRC) of the State of Texas.
- TRC Sec. 472.022- Construction or maintenance work zone when workers are present
- TRC Sec. 545.066- Passing a school bus
- TRC Sec. 545.401- Reckless driving
- TRC Sec. 545.421- Fleeing or attempting to elude Police Officers
- TRC Sec. 550.022- Accident involving damage to a vehicle
- TRC Sec. 550.023- Duty to give information and render aid
- TRC Sec. 522.003- Serious traffic violation
The court cost due at the time of the request for driver safety course is:
Not in a School Zone $144.00
In a School Zone $169.99
Laws of the State of Texas govern juvenile defendants. Please note the following:
- All juvenile defendants who were under the age of 17 at the time of receiving the citation must appear in open Court before the Judge, even if the defendant wishes to be represented by an attorney.
- A parent or legal guardian is also required by law to attend the hearing with the defendant. These hearings are noted on the citation or you may contact the Municipal Court for more information. The Judge will only be available on the court date listed on the citation. Extensions must be made in person by the defendant and parent and/or legal guardian prior to the court date. Identification must be presented to court at the time of the request. Juveniles must bring their driver license/permit if they have been issued one.
- At the Plea Hearing, the defendant will have an opportunity to enter a plea. If a plea of Not Guilty is entered, another court date will be scheduled.
OTHER GENERAL INFORMATION
If eligible, defendants who enter a plea of no contest or guilty may be considered for the following dismissal options:
- Driver Safety Course-see driver safety course section for eligibility requirements.
- Deferred Disposition-see deferred disposition section for eligibility requirements.
- Compliance Dismissal-see dismissal section for eligible dismissals.