As a standard condition of probation for felony DWI with child passenger, my judge suspends the defendant's DL for two years. A defendant allgedly spoke with DPS and was told that there is no authority for a judge to suspend a DL for an offense under 49.045. Is this correct? If not, where is the authority? Trans Code Sec. 521.344 addresses the issue but doesn't mention 49.045.

This issue was debated at an SFST wet lab a month or so ago. We were unable to find anything that addresses this, either. Sounds like the legislature fixed the "can't use DWI With Child to enhance other Chapter 49 offenses" issue, but missed the DL suspension.

Last I checked, there were at least a half-dozen Trans. Code statutes that do not reference 49.045 but should. Unfortunately, when I pointed that out to the original author of the new crime, I got a big shrug in response.

If someone finds a legislator willing to spend the time and effort to fix those loopholes, I think I've already got the dang bill written and sitting in my files somewhere -- but it's all for naught unless someone is willing to file it and push it.

Uh, yeah, all over it.