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In Texas, there are several requirements to be eligible for the defensive driving class.
The most important to your situation is that you must not have completed a defensive driving course (for the purpose of dismissing a previous citation) within one (1) year preceding the date of the offense on your current citation.
Because you completed the course in February of 2010 and received the second citation in June of 2010, you would not be eligible for the course - only 4 months have passed since you completed the course - the minimum is 12 months.
The only way to keep this ticket off of your record is if you are found not guilty by the judge. This is unlikely if the officer clocked you with a radar.
However, one thing you can do is call the court clerk's office and ask for a continuance from the first trial setting. Often (you'd be surprised how often this happens), the officer will forget to return for court on the second setting, and if you're there and he's not, the court will dismiss the ticket.
With no defensive driving classes available to you, that's really your only choice - other than just paying the ticket.
Thanks. On what grounds can I ask for a continuance on my first trial setting. Technically I do have valid reasons since I am travelling heavily on business right now 4 days a week. Is there something that you can suggest ?
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