A defensive driving course is one of the easiest ways to get a ticket dismissed in Texas—if your violation qualifies. But here’s the catch: not all traffic offenses are eligible. Many drivers assume they can take a course and wipe the slate clean, only to find out later that their ticket doesn’t meet the state’s requirements.
Whether you’ve already been pulled over or you’re just being proactive, it’s worth knowing which violations can’t be dismissed through defensive driving.
Let’s walk through the list.
What Defensive Driving Can Be Used For
In Texas, defensive driving (also called a “driving safety course”) can help you:
Dismiss a minor traffic ticket
Avoid points on your license
Prevent your insurance from going up
But—and this is key—you need court approval before taking the course, and the ticket must meet certain criteria.
Violations That Cannot Be Dismissed
The Texas Transportation Code sets clear limits on what kinds of tickets qualify. If your citation falls into any of the categories below, you’re likely out of luck when it comes to defensive driving.
1. Speeding 25 MPH or More Over the Limit
Speeding is one of the most common reasons people seek out defensive driving. But if you were cited for driving 25 miles per hour or more over the posted speed limit, you're disqualified—no exceptions.
This is often considered a serious offense, even if no one was hurt.
2. Passing a School Bus
In Texas, passing a school bus that has stopped and extended its stop sign is a major violation. Courts take these offenses very seriously, and they’re not eligible for dismissal through a safety course.
Expect a high fine—and no option for an easy out.
3. Traffic Violations in a Construction Zone (With Workers Present)
If you were cited in a construction or work zone where workers were present at the time, defensive driving is off the table.
This rule was created to help protect road workers and reduce accidents in high-risk areas. Penalties are usually higher in these cases, too.
4. Reckless Driving
Reckless driving is classified as a criminal offense in Texas, not just a traffic violation. That means it can’t be resolved with a defensive driving course, and it may result in more serious consequences—like license suspension or even jail time in extreme cases.
5. Violations While Operating a Commercial Vehicle
If you were driving a commercial motor vehicle (like a semi-truck or delivery van) at the time of the offense, you cannot take a defensive driving course for ticket dismissal—even if the violation was minor.
This rule applies even if you also drive a personal vehicle and hold a commercial driver’s license (CDL).
6. Leaving the Scene of an Accident (Hit and Run)
Leaving the scene of a crash, whether it's a minor fender-bender or something more serious, is a criminal offense. It can’t be handled through a driving safety course, and it usually comes with steep penalties.
7. Any Violation Resulting in Serious Injury or Death
If your driving offense led to an accident that caused serious injury or a fatality, you will not qualify for a defensive driving course—even if you’re not ultimately charged with a felony.
Other Disqualifiers That Might Surprise You
Beyond the violation itself, there are personal eligibility rules that can also block you from using a defensive driving course in Texas:
You’ve already taken defensive driving for ticket dismissal in the last 12 months
You don’t have a valid Texas driver’s license
You miss the deadline to request the course from the court
So, even if your violation is technically eligible, your past driving history or how you handle the process can still affect your chances.
What To Do If You’re Not Eligible
If you’ve confirmed that your violation doesn’t qualify, don’t panic—but don’t ignore it either. You still have options:
Consult a traffic attorney, especially if you believe the ticket was unfair or you want to avoid points
Request a court hearing, if you think you have a solid case
Negotiate with the court for a reduced fine or alternate penalty (some courts offer probation or other programs)
The worst thing you can do is let the deadline pass without responding. That can result in a warrant, license suspension, and additional fines.