Because our office has jurisdiction over everything criminal in the county (M-C to F1), this question is several orders of magnitude less important than most of the other topics here.

We've recently been told by our local PD that they cannot provide us with DL reports anymore due to TCIC telling them they can't. Our local contact has been told that the reports cannot be used to determine DSC eligibility or fines, but only for enhancement purposes (DWLI w/ prev., DWI, etc.), which makes them Class Bs by default.

To us, this doesn't make sense. How do we come to a negotiated plea bargain if we know nothing of the alleged offender's driving history? We're more likely to cut a break on the fine to someone who has a clean record than someone who obviously isn't getting it. Moreover, what JP would ever offer a deferral if he didn't know what kind of history the driver had? They certainly don't wan a terrible driver ending up killing someone after they received an ill-advised deferral.

Many thanks!

Adolph Voigt
Asst. Lee County Attorney

I have run into the same circumstance. So, the solution so far is to make "high" offers in these cases (like you would make with a bad driving history), and include in the offer language that the offer may be adjusted IF the defendant can provide a satisfactory driving record. More time consuming, but defendants can usually obtain their own DL report, especially when motivated to do so by the possibility of an improved offer.

The problem is that the dispatcher can not certify to the authenticity of the information on the teletype printout because that is DPS data. The solution is to order a certified transcript of the offender's driving history from DPS if you really need to prove the prior up. It is just as admissible as a Pen Pack.

It's not so much a matter of proof at trial, but as a tool to determine who is eligible for DSC and/or a deferral.

That said, the consensus I'm hearing is to just shift it to the driver to get their own 3A record from DPS and go from there. The problem I'm anticipating is that the people I get in court are the ones who are more prone to want their "day in court," and I have to "sell" the DSC as a better option. Adding a step to that process gives me another objection to overcome.

And while I don't mind it, heaven forbid the clerks have to get together a venire....