When a CDL is suspended in JP court and appeal is taken de novo in county court, do we need to file a complaint, or what do we use as the complaint. We have a copy of the ticket from Illinois but only a certified copy of the violation from Washington (two serious violations) Does a JP court have jurisdiction to suspend a license. What is the appeal process? Are ALR suspensions first appealed to JP court. Then does defendant have another appeal to county court? Anyone know where the authority for these appeals are. I haven't found the specific transportation code for CDL license appeals yet.

[This message was edited by pkdyer on 03-24-04 at .]

If you CDL holder was issued a Notice of Disqualification (DIC-57) because he had alcohol in his system, he or she has 15 days from the date notice is served. If the driver requests the ALR hearing, it is heard by an administrative judge with the State Office of Administrative Hearings (SOAH) just like any other ALR case. Appeal from the decision of the SOAH judge is to the County Court at Law in the county of arrest (or detention because a CMV driver does not have to be arrested to be subject to disqualfication). If you read Transportation Code ch. 522, you will find the applicable statutes governing the driver with alcohol, drugs, etc. in his system while operating the CMV (Subchapter I). Section 522.105 incorporates chapter 524's hearing and appeal procedures.

Note--Subchapter I only applies for driver with alcohol in the system. Other disqualifications may be automatic with no right of appeal (see Section 522.087 for example).

Hope this helps. I spend the first 3 1/2 years of my legal life as an ALR hearings and appellate attorney.

Janette Ansolabehere
Senior Assistant General Counsel
DPS

I forgot to give you a contact. Try Becky Blewett at DPS headquarters--512/424-2000 ext 5231. Becky is an attorney with the Department's Driver License Division and is very familiar with chapter 522 and all the various CDL suspensions and disqualifications.

Janette

Thanks for your help. Actually both tickets wre for speeding and were not alcohol related. Further there was no SOAH hearing, the hearing was held in front of the local JP. The way the local DPS custodian of records explained it to me was that all she needed to do was take the DPS abstract to the JP. If the JP finds guilt based on the two serious speeding violations then the DPS suspends the license. This is still confusing because the county court is trial de novo and DPS says that the "information" is the abstact printed out by the DPS custodian of records. While technically an appeal, since it is a trial de novo the question is do we need to file more than the abstact, i.e. the two issued tickets from Illinois and Washington in order for it to be a valid information?