TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    DL suspension for DWI with Child Passenger
Go
New
Find
Notify
Tools
Reply
  
DL suspension for DWI with Child Passenger Login/Join 
Member
posted
As a standard condition of probation for felony DWI with child passenger, my judge suspends the defendant's DL for two years. A defendant allgedly spoke with DPS and was told that there is no authority for a judge to suspend a DL for an offense under 49.045. Is this correct? If not, where is the authority? Trans Code Sec. 521.344 addresses the issue but doesn't mention 49.045.
 
Posts: 47 | Location: Texas | Registered: July 27, 2005Reply With QuoteReport This Post
Member
posted Hide Post
This issue was debated at an SFST wet lab a month or so ago. We were unable to find anything that addresses this, either. Sounds like the legislature fixed the "can't use DWI With Child to enhance other Chapter 49 offenses" issue, but missed the DL suspension.
 
Posts: 115 | Location: Denton, TX, USA | Registered: February 15, 2007Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
Last I checked, there were at least a half-dozen Trans. Code statutes that do not reference 49.045 but should. Unfortunately, when I pointed that out to the original author of the new crime, I got a big shrug in response.

If someone finds a legislator willing to spend the time and effort to fix those loopholes, I think I've already got the dang bill written and sitting in my files somewhere -- but it's all for naught unless someone is willing to file it and push it.
 
Posts: 2424 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Uh, yeah, all over it.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    DL suspension for DWI with Child Passenger

© TDCAA, 2001. All Rights Reserved.