TDCAA Community
deferred & license susp

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9461060791

October 01, 2009, 09:44
jwa
deferred & license susp
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
October 01, 2009, 10:26
Ken Sparks
You cannot get deferred for DWI; for POM, there is no license suspension if you get deferred.
October 01, 2009, 10:53
jwa
thank you very much.
October 02, 2009, 11:58
Gordon D
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?
October 02, 2009, 15:31
JJ
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.