October 01, 2009, 09:44
jwadeferred & 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 SparksYou cannot get deferred for DWI; for POM, there is no license suspension if you get deferred.
October 02, 2009, 11:58
Gordon DKen,
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
JJObviously, 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.