Opinion No.

Honorable Patrick J. Ridley Bell County Attorney P. O. Box 474 Belton, Texas 76513

Re: Constitutionality and interpretation of article 6701d, section 143A, V.T.C.S., regarding dismissal of charges on completion of a defensive driving course.

Dear Mr. Ridley:

You ask whether section 143A(a)(2) of article 6701d, V.T.C.S., is constitutional. This provision reads as follows:

Sec. 143A. (a) When a person is charged with a misdemeanor offense under this Act, other than a violation of Section 50 or 51, committed while operating a motor vehicle, the court:(1) in its discretion may defer proceedings and…