What to do if you receive a citation or have been charged with a violation

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

If you are not eligible to handle your citation through available options, you must appear in person at the clerk’s office on or before the date on your citation to have your case set for a hearing before the Judge.  Please contact the court office at (972) 347-3020 if you have any questions.

You may do the following at the time of your appearance at the court clerk’s office:

  • Set your case for a hearing before the Judge
  • Pay your citation in full or set up a 30 day payment arrangement
  • Select and pay for an eligible option (i.e., Driver Safety Course or Deferred
    Disposition)
  • Get information and complete forms
  • Submit a records request
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.

Dismissals

(YOU MUST APPEAR  BEFORE THE JUDGE IF UNDER THE AGE OF 17)

These options are only available up to and including your initial appearance date on your citation:

  • 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 or you may request a hearing before the Judge.  The insurance must be printed or an actual insurance card presented to the Court.  The court is not able to use your cell phone to get the insurance information or to view your insurance card.

You may also submit your proof of insurance online.  This will require submitting a copy of the insurance listing you as an insured driver showing coverage at the time the citation was issued and a copy of your driver’s license to the court.  If you wish to submit these items online, click here.

  • 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.

Deferred Disposition

(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, by mail or online.  Be sure that you are eligible by contacting the court clerk office at (972) 347-3020  prior to making the request.

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 driving 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 deferred fine and court costs (the same as the total due for the citation) in full along with your request or by the date due approved by the Court.
  • If you WERE UNDER THE AGE OF 25 ON THE DATE OF THE OFFENSE YOU ARE REQUIRED TO TAKE A SIX (6) HOUR STATE APPROVED  DRIVER SAFETY COURSE.
  • 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), online or in person.
  • You are NOT eligible for Deferred Disposition 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

To request Deferred Disposition by mail – click here

To request Deferred Disposition online – click here

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 hour State approved 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 to the court, in writing, in person or online along with a copy of your valid Texas Driver’s License and a copy of current liability insurance with Texas required limits.
  • 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:

$144.00 for eligible offenses not committed in a school zone

$169.00 for eligible offenses committed in a school zone

  • The above fees are court costs/state fees and do not cover the cost of the course
  • The Court will also require a notarized affidavit declaring you have not taken a driver’s safety course within the last 12 months.
  • Payment may be made by personal check, cashier check, money order or debit/credit card (processing fee will apply).
  • Fees cannot be paid online but can be paid over the phone with the assistance of a court clerk (processing fee will apply).
  • 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 (both documents must be submitted to the court together). 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 – send 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.

You are NOT eligible to a Driver Safety Course 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

Affidavit for Driving Safety Course

Driving Record

If requesting BY MAIL – DRIVER SAFETY COURSE REQUEST FORM

Juvenile Defendants (under the age of 17)

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 or charged 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.
  • The parent or legal guardian will receive a hearing notice by mail from the court notifying them of the court date and time they are to appear with the minor child.
  • Extensions must be requested in writing by the defendant and parent and/or legal guardian prior to the court date.   If juvenile defendant has a driver’s license, a copy must be included along with the license of the parent/guardian.  If juvenile does not have a license or any other identification (including a school ID) please indicate that information in your request.
  • During the court appearance, the defendant will have an opportunity to enter a plea. If a plea of Not Guilty is entered, another court date will be scheduled for both the juvenile defendant and parent/legal guardian to meet with the Town Prosecutor.

Minor Alcohol/Tobacco Violations (ages 17 to 20)

If you have been charged with a violation related to alcohol or tobacco and are  17 – 20 years of age, you will be required to appear before the Municipal Court Judge.

  • If you are under the age of 18, you must appear with a parent or legal guardian.  A hearing notice will be sent by mail from the court notifying the defendant and parent of the court date and time they are to appear before the Judge with the minor child.
  • If you are 19 – 20 years of age, you may appear without a parent or legal guardian.  A hearing notice will be sent by mail from the court notifying the defendant of the court date and time they are to appear before the Judge.
  • Extensions must be requested in writing by the defendant and parent and/or legal guardian prior to the court date.   If juvenile defendant has a driver’s license, a copy must be included along with the license of the parent/guardian.  If juvenile does not have a license or any other identification (including a school ID) please indicate that information in your request.

 

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.

If you are unable to pay the amount owed without undue hardship to yourself or your dependents, you may request a hearing before a Judge to consider your ability to pay and request any non-monetary compliance options available to you.  You should be prepared to explain and document your financial situation to the Court.

VULNERABLE POPULATIONS – COURT SERVICES

INDIVIDUALS WHO ARE OVER AGE 65 AND INDIVIDUALS WITH SERIOUS UNDERLYING HEALTH CONDITIONS, SUCH AS HIGH BLOOD PRESSURE, CHRONIC LUNG DISEASE, DIABETES, OBESITY, ASTHMA, AND THOSE WHOSE IMMUNE SYSTEMS ARE COMPROMISED SUCH AS BY CHEMOTHERAPY FOR CANCER OR OTHER CONDITIONS REQUIRING SUCH THERAPY ARE CONSIDERED TO BE VULNERABLE POPULATIONS.

IF YOU FEEL THAT YOU MEET ANY OF THE CRITERIA ABOVE, PLEASE INFORM THE COURT CLERK IMMEDIATELY SO THAT ARRANGEMENTS MAY BE MADE TO ACCOMMODATE YOU AND ASSIST YOU WITH THE SERVICES YOU NEED.  PLEASE INFORM THE COURT PRIOR TO ANY COURT APPEARANCE IF POSSIBLE AT 972-569-1070 OR 972-347-3020.

If you have any questions you may contact the court via email or by phone: (972) 347-3020. A phone call is not considered an appearance.