TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    class B or C?
Go
New
Find
Notify
Tools
Reply
  
class B or C? Login/Join 
Member
posted
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.
 
Posts: 565 | Registered: November 14, 2002Reply With QuoteReport This Post
Member
posted Hide Post
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 .]
 
Posts: 13 | Location: Groesbeck, Texas | Registered: June 09, 2005Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    class B or C?

© TDCAA, 2001. All Rights Reserved.