Transp. Code 521.457 makes it a crime to drive on a suspended license. It is not a defense that the person did not receive actual notice of an automatic suspenion under 521.341. In other cases, it is an affirmative defense if the person did not receive actual notice, but actual notice is presumed if the notice was mailed in accordance with the law.

How are you proving notice in these cases? Are you getting DPS records showing that the notice was mailed? Are you requiring the suspect to admit that he had notice and rejecting the case if suspect refused to do so?

DPS maintains digital images of the Order of Suspension mailed to each licensee.

There is a specific form that DPS will want you to fill out, and then they send you the notice, the date it was sent, etc. I'm not sure if you can pull the form off the internet or not, but their website is maybe worth a look before you get on the phone--sometimes getting the right phone number is tough.

Thanks.

If it is not on the website, let me know and I will call down to Driver Improvement and find out where and to whom you need to send your requests.

Janette A