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Proving up a license suspension in DWLI trial Login/Join 
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I am trying a DWLI coming up shortly, and I have the certified Judgment of prior DWLI conviction. I also need to prove up the license suspension at time of the offense. Anyone ever tried one of these? Do I need a certified driving record from DPS?
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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Yes, you need to request the certified DL packet through DPS. Also, if you have a DPS Trooper in your area who is a custodian of records for DL information, you can elicit that testimony through that trooper on the stand. I don't like to call ours, but there have been times where a trial has snuck up on us and we haven't been able to get the packet from DPS in time.
 
Posts: 81 | Registered: December 13, 2013Reply With QuoteReport This Post
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DPS has deputy custodians of records in each region. Issue a subpoena duces tecum to Joyce Stevens the Custodian of Driver Records at TXDPS in Austin, at the 5805 N Lamar Address for a Certified Abstract for Law Enforcement Driving REcord, including fingerprints and the original application. Also send a subpoena directing her or her deputy to appear for trial. DPS will send the records and a local custodian from the DL office to testify if required.
 
Posts: 51 | Location: Dallas, TX USA | Registered: April 25, 2008Reply With QuoteReport This Post
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Awesome y'all, thanks.
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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Joyce Stevens is no longer with the Department. Law enforcement and prosecutors may obtain the certfied DL packet by serving the Department with a subpoena duces tecum by mail or fax as follows:

Joeanne Mastracchio
Custodian of Records
Driver Records
Texas Department of Public Safety
5805 North Lamar Blvd
Austin, TX 78752

or by fax to:

Joeanne Mastracchio
Custodian of Records
Driver Records
Texas Department of Public Safety
Fax number: 512-424-5190
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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I was actually told to submit a DR-1 form to DPS requesting a DWLI packet. Apparently these come with a letter of certification, which supposedly makes them admissible. This is after a long talk with a helpful records clerk at DPS.
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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