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on a deferred adjudication does the drivers license suspension still go into effect on a dwi or possession of marijuana less than 2?

thanks for your help.

jeff
 
Posts: 10 | Location: Farwell | Registered: May 01, 2009Reply With QuoteReport This Post
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You cannot get deferred for DWI; for POM, there is no license suspension if you get deferred.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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thank you very much.
 
Posts: 10 | Location: Farwell | Registered: May 01, 2009Reply With QuoteReport This Post
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Ken,


I have defense lawyers arguing that POM deferred will trigger a DL suspension for a defendant under 21, but I can't find the language...You know the answer?
 
Posts: 51 | Location: Montogmery County | Registered: June 23, 2003Reply With QuoteReport This Post
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Obviously, I'm not Ken but I'll give it a go. I believe defense counsel is wrong.

Transp. Code Sec. 521.342 provides for automatic suspension of the license of a person under 21 upon "conviction" of an offense under HSC Chapter 481 if Subchapter P doesn't already trigger an automatic suspension. (Subchapter P only applies to "final convictions" so it does not apply in this case) And since a deferred is not a "conviction" there would be no suspension.
 
Posts: 158 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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