A Deferred Disposition is an option provided by courts in Pennsylvania that allows a violator to “defer” or postpone the disposition of their case, usually a traffic ticket, in court while being placed on probation for a period of time.
According to criminal defense attorney Lee Ciccarelli, during the probation period, terms and conditions of the Deferred Disposition apply. If no further violations are committed, the charges are dismissed at the end of the probationary period.
What Are The Terms of a Deferred Disposition?
There is a set of terms for getting a Deferred Disposition in Pennsylvania. The exact terms can differ slightly by city, but this is an overview of the requirements:
- Not committing another violation in the same city.
- If the defendant is under the age of 25, they must take a driver’s safety course.
- Paying any fines that are ordered, which are typically increased by $25 when there is a Deferred Disposition.
- Posting bond in the amount of the fine.
- Submitting to counseling, drug/alcohol testing, or drug/alcohol abuse treatment.
Probationary periods typically last from 90 to 180 days.
Who Qualifies For Deferred Disposition?
Determining whether a driver qualifies for a Deferred Disposition can vary depending on the city.
Typically, moving and insurance violations are eligible. Bicycle offenses, non-motorized vehicle offenses, parking violations, and driver’s license infractions are also eligible.
Deferrals will not be approved for the following violations:
- If the driver holds a commercial driving license.
- If the violation occurred in a construction zone.
- If the violation involved driving at least 25 miles an hour over the speed limit.
- If the driver passed a school bus.
- If the driver has fled the scene of the accident.
- If the driver has been granted a Deferred Disposition in the last 12 months.
How To Apply For A Deferred Disposition
You can request a Deferred Disposition on or before your first court date.
This could be done in person, by phone, or by mail, by you or your attorney.
Does a Deferred Ticket Go on Your Record?
The answer is no. A deferred ticket does not go on your record.
However, the deferral will be on your record for the duration of the deferral period (usually 12 months). Whenever the case gets dismissed, it will be removed from your record.
What Happens After Deferred Disposition?
Ideally, a defendant’s case will eventually be dismissed after the successful completion of the full probationary period. It will not be added to any criminal records, no points would be added against the driving record, and no increased insurance costs would be created.