Have a DWLS/enhanced case set for motions - Motion to set aside Info. based on:
- not alleging the type of suspension def. was under at the time of the offense;
- failing to allege a reason that def.'s lic. was invalid;
and
- failure to name the statute under which the lic. was suspended (citing Adams v. State, 376 SW 2d 832 (Tex Crim App 1964)).

Our information reads (as it has ever since I've been here) that def. operated motor veh. "during a period that the privilege to drive a motor veh. or Texas Class C lic. of the def. was suspended or revoked pursuant to Texas Statutes.

I am looking up the case now and looking into it, but just wondering if any of you have seen this before and how was handled. Also, would like to see a copy of your complaint and information if we are going to need to modify ours.

Thanks in advance.

We file a generic DWLI charge on all such cases. If a motion it quash is filed, we file a motion to amend the information and conform our pleadings to those in the TDCAA Charging Manual. If you do not have a copy of the 2005-2007 manual authored by the wonderful Jeffery Van Horn, let me know your fax number and I will send you the charging manual page for DWLI cases.

I was wondering about that b/c it's never come up in the year plus I've been here.

We may have the manual in the office, but I don't know where and the Lady that would is out until Monday so if you wouldn't mind, I would appreciate the page.

Fax # is (830) 379-9491

Thanks in advance,

Joel

Follow up.

Do we need to allege the specific code violations from the driving record from DPS or is the Chapter enough?

Ken,
Thanks for the fax.

Arguably a great deal has changed since 1964, and even since 1978, in the law of criminal pleadings. I would argue most of what the defendant is demanding is evidentiary in nature. See e.g., Coleman, 131 S.W.3d at 312. I believe 521.457 is a statute "which defines the act constituting the offense in a manner that will inform the accused of the nature of the charge". See also Sparkman, 997 S.W.2d at 665. While there are many reasons which might have led to the period of suspension the defendant came prepare his only viable defense (mistake of fact)without knowing the information being demanded. But, it nevers hurts to go ahead and plead the evidence.