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I'm curious as to how other counties handle DL suspensions pursuant to guilty pleas:

1) if it is one of the "automatic" suspensions, is a suspension period explicitly laid out in your judgments, or is it left to function "administratively" (a judge's term) via DPS?

2) for the "recommended range" suspensions (Intox Assault/Manslaughter, DWI, DL violation) is this a term actively negotiated, or does your office have a standard suspension period?

3) Is a DL suspension always included in the judgment (a defense attorney told me the judgment was voidable without it)? If the state alcohol class is also a standard term, does that cause conflict with a explicitly-stated suspension period?


Just looking for some best practices. Thanks for any advice.

[This message was edited by Tom Brummett on 09-10-09 at .]
 
Posts: 62 | Location: Lubbock, TX | Registered: November 20, 2003Reply With QuoteReport This Post
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We add it to the judgment and specify the term of suspension. It is sometimes a part of a plea agreement.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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My office only deals with misdemeanors, so the only real effect this has on us is for DWIs. We allow it to function administratively, unless the judge is particularly incensed regarding the facts of the case, in which case he will make it a condition of probation.

I'm not aware of the state alcohol class conflicting with a suspension of a DL. If anyone has any ideas on why that might be though I'm interested to find out.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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One "automatic administrativ[e]" exception that may come up regardless of the term ordered by the court: Some defense attorneys will count one a reduced term (arguendo 90 days) ordered by the court for minor. The period is 1 year under � 521.342. "PERSON UNDER 21 YEARS OF AGE" unless ordered under � 521.342(b).

[This message was edited by GMcDonald on 09-15-09 at .]
 
Posts: 51 | Location: Dallas, TX USA | Registered: April 25, 2008Reply With QuoteReport This Post
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