Received this email this morning and wanted to see what others are advising their JPs:
"DPS asked if I had an opinion as to when they should stop writing DWLI tickets since surcharges are going away September 1. I came up with two options, and would defer to you for guidance.
Option 1- Quit writing DWLI tickets now, or anytime between now and September 1.
Option 2- Could the Officer could write a ticket for No D.L., an offense that would continue to exist after September 1?
Sec. 521.021 (NO DL) LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.
In my mind, if a person were stopped today, and their license was suspended due to surcharges, 521.021 (NO D.L.) would apply because the person is operating a motor vehicle when they do not hold a valid driver’s license issued under Subchapter B.
Sec. 521.457. DRIVING WHILE LICENSE INVALID. (a) A person commits an offense if the person operates a motor vehicle on a highway:
(1)after the person's driver's license has been canceled under this chapter if the person does not have a license that was
subsequently issued under this chapter;
(2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if the license expired during a period of suspension; or
(4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a
driver's license subsequently issued under this chapter.
Also, a second question: what will we do with existing/pending/warrants issued on DWLI cases after September 1?"
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