Defendant convicted of DWI on 2006....license suspended until 2007....installment agreement was reached, surprisingly there was a default on the agreement in 2009.....
the license is currently suspended for the surcharge however the original end date of the DWI suspension has long since passed.
Is the charge a class B or a class C?
Does section 521.457 "revert" back to the
original suspension...i.e. the DWI(which would be a class B), or is the "surcharge suspension" the correct charge which i believe might be a class C.
I have taken the position that under 521.457 (f-1), that if someone has ever had their license suspended as a result of an offense involving the operation of a motor vehicle while intoxicated and they are arrested during any suspension period it is a Class B.
If the legislature had intended it to be a Class B only if they were currently under that suspension they could have merged that criteria with that of f(2), and would not have used the word previously been suspended.
[This message was edited by K.C. on 08-29-11 at .]
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