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Member |
on a deferred adjudication does the drivers license suspension still go into effect on a dwi or possession of marijuana less than 2? thanks for your help. jeff | ||
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Member |
You cannot get deferred for DWI; for POM, there is no license suspension if you get deferred. | |||
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Member |
thank you very much. | |||
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Member |
Ken, I have defense lawyers arguing that POM deferred will trigger a DL suspension for a defendant under 21, but I can't find the language...You know the answer? | |||
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Member |
Obviously, I'm not Ken but I'll give it a go. I believe defense counsel is wrong. Transp. Code Sec. 521.342 provides for automatic suspension of the license of a person under 21 upon "conviction" of an offense under HSC Chapter 481 if Subchapter P doesn't already trigger an automatic suspension. (Subchapter P only applies to "final convictions" so it does not apply in this case) And since a deferred is not a "conviction" there would be no suspension. | |||
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