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Suspect has several, 6 in fact, active suspensions on his ID card. Suspect does not have a DL. Can you still file DWLI because his privilege is suspended?


Gary Garrett
 
Posts: 2 | Location: Spearman | Registered: August 29, 2017Reply With QuoteReport This Post
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Normally, words in statutes have meaning. Not so with regard to the DWLI statute. Courts have consistently held that "license" and "privilege" are one and the same.

What we do is to charge the defendant with No DL. Trans. Code Sec. 521.025 allows for up to 180 days confinement for 3rd offenders if committed within a certain time frame.
 
Posts: 152 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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Check out the two Arteaga v. State cases out of the San Antonio Court of Appeals. The court held that his DWLI convictions were invalid because his DL had expired and never been renewed. Therefore, he had no license to suspend. The court ignored the "privilege" in the definition.
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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"What we do is to charge the defendant with No DL. Trans. Code Sec. 521.025 allows for up to 180 days confinement for 3rd offenders if committed within a certain time frame."

What is the time frame that you set?


Gary Garrett
 
Posts: 2 | Location: Spearman | Registered: August 29, 2017Reply With QuoteReport This Post
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That time frame is statutory under TTC 521.025:

(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:

(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200;

(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:

(A) a fine of not less than $25 or more than $500;

(B) confinement in the county jail for not less than 72 hours or more than six months; or

(C) both the fine and confinement;
 
Posts: 77 | Registered: December 13, 2013Reply With QuoteReport This Post
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