2016 Family Justice Conference Name of Presentation Impaired Driving Online Summit January 25-26 Presenter Judge Laura A. Weiser Hyatt Lost Pines Hotel Title, Court/Organization Judicial Resource Liaison
Sincere thanks to TXDOT
Occupational Drivers’ Licenses
2 Types: Ignition Interlock Licenses-Restriction Code “N” Occupational Licenses- Restriction Code “O”
Ignition Interlock Licenses
Eliminates the “hard suspensions” Texas Transportation Code 521.251(d-1) …Notwithstanding Subsections (b), (c), and (d),[waiting periods] the court may issue an occupational license to a person if the person submits proof the person has an ignition interlock device installed on each motor vehicle owned or operated by the person.
Transportation Code Section 521.251 (d-1) Petitioner must provide proof of IID installation on each vehicle owned or operated by him Failure to maintain IIDs on each vehicle can result in revocation of the ODL and reinstatement of the suspension No time or travel restrictions can be ordered
Transportation Code Section 521.244 (e) A person convicted of an offense under Sections 49.04-49.08, Penal Code, who is restricted to the operation of a motor vehicle equipped with an ignition interlock device is entitled to receive an occupational license without a finding that an essential need exists for that person, provided that the person shows: (1) evidence of financial responsibility under Chapter 601; and (2) proof the person has had an ignition interlock device installed on each motor vehicle owned or operated by the person.
Section 521.248 Order Requirements (d) A person who is restricted to the operation of a motor vehicle equipped with an ignition interlock device may not be subject to any time of travel, reason for travel, or location of travel restrictions described by Subsection (a)(1), (2), or (3) or (b). Restrictions
P Penal Code Conviction 49.04-49.08 I Ignition Interlock P Proof of Financial Responsibility (SR 22)
Caveat: A person granted an ODL under this subsection may not be ordered to submit to the supervision and corrections department under 521.2462 unless the order is entered by a court of record
Fr Frequen equently tly Asked ed Ques uestio tions ns
How long does the IID have to remain installed? See 521.246 (d) “The court shall order the ignition interlock device to remain installed for the duration of the period of suspension
Do you have to determine whether there is an essential need? 521.244(e) “ A person convicted of an offense under Sections 49.04-49.08 TPC who is restricted to the operation of a motor vehicle equipped with an IID is entitled to receive an occupational license without a finding that an essential need exists provided…”
Can I deny a request for an Ignition Interlock License? Transportation Code Section 521.244 (e) A person convicted of an offense under Sections 49.04-49.08, Penal Code, who is restricted to the operation of a motor vehicle equipped with an ignition interlock device is entitled to receive an occupational license without a finding that an essential need exists for that person, provided that the person shows:
(1) evidence of financial responsibility under Chapter 601; and (2) proof the person has had an ignition interlock device installed on each motor vehicle owned or operated by the person.
Occupational Licenses
How Does the Petitioner Get to You? Driver’s License is Suspended:
Your court is in the county where the petitioner resides OR your court is where the conviction originated
When are You Required to Deny the Petition? 1. Petitioner has been issued more than one ODL after a conviction in the last ten years -521.252(b)(2)
2. Petitioner’s license has been revoked for a medical reason 3. Petitioner’s license has been revoked for failure to pay child support
4. Petitioner is asking for an ODL for a COMMERCIAL driver’s license
What Proof Should be Presented? Notice • Jurisdiction • Basis of Suspension • Residence of Petitioner • Court where conviction occurred • SR 22 •
• In determining essential need under TTC 521.244: • You must consider the Petitioner’s Driving Record
Term of the ODL How long is the suspension and when did/does it begin?
ALR Suspensions • Refusal: 180 days • Failure: 90 days
DWI Conviction • 1 st offense: 90 days to 1 year unless sentence is probated and DWI Education Program ordered • 2 nd offense: 180 days to 2 years • 2 nd offense within 5 years: 1-2 years
Under 21 YOA • 1 year unless probated sentence then 90 days • IID required
BAC greater than .15 • IID required
Geographical Areas • County/City • Specified routes • Contiguous counties • State of Texas • Your jurisdiction ends at the state line!
Times • Order should specify days of the week and times • Restricted to driving 4 hours/day unless waived then 12 hours in any 24 hour period • Driving Log???
Fr Frequen equently tly Asked ed Ques uestio tions ns
1. If I don’t order an IID when one is required, will DPS add that to my order? NO. DPS does not ever initiate interlock requirements or interlock orders to add to a driver license. DPS only enters or removes interlock restrictions received from the court.
2. Can I revoke an ODL? Yes • See Sec. 521.252 (a) • At any time • For good cause •
Pre-Trial Issues in Impaired Driving Cases
Bond Conditions
Art. 17.40 CCP A magistrate may impose any reasonable condition of bond related to: • Safety of a victim • Safety of the community
Mandatory Art. 17.441 CCP Ignition Interlock • Subsequent offense • DWI w/child passenger • Intoxication Assault • Intoxication Manslaughter • May waive in the interest of justice • 30 days max. for installation
Verification and Monitoring • Art. 17.441(d) • Designate an agency to verify installation and monitor compliance • $10 fee
Other Conditions • Art.17.43 Home Curfew and Electronic Monitoring • 17.44 Drug Testing-for controlled substances
Discovery Issues Art. 39.14 Code of Criminal Procedure as soon as practicable after receiving a timely request from the defendant the state shall produce and permit the inspection and the electronic duplication, copying, and photographing, by or on behalf of the defendant, of: any offense reports,
any designated documents, papers, written or recorded statements of the defendant or a witness, including witness statements of law enforcement officers but not including the work product of counsel for the state in the case and their investigators and their notes or report,
or any designated books, accounts, letters, photographs, or objects or other tangible things not otherwise privileged that constitute or contain evidence material to any matter involved in the action and that are in the possession, custody, or control of the state or any person under contract with the state.
Defendant’s Access to Discovery • Art. 39.14(f) provides the attorney may allow the defendant to view redacted copies of the police reports, but MAY NOT allow the defendant to have a copy • You do not have discretion to release the defendant’s attorney from this restriction. Powell v. Hocker , 516 S.W.3d 488, (Tex.Crim.App. 4/5/17)
Unrepresented Defendants (d) In the case of a pro se defendant, if the court orders the state to produce and permit the inspection of a document, item, or information under this subsection, the state shall permit the pro se defendant to inspect and review the document, item, or information but is not required to allow electronic duplication as described by Subsection (a).
Brady h) Notwithstanding any other provision of this article, the state shall disclose to the defendant any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged.
Continuing Duty to disclose (k) If at any time before, during, or after trial the state discovers any additional document, item, or information required to be disclosed under Subsection (h), the state shall promptly disclose the existence of the document, item, or information to the defendant or the court.
Waivers (n) This article does not prohibit the parties from agreeing to discovery and documentation requirements equal to or greater than those required under this article.
Acknowledgement (j) Before accepting a plea of guilty or nolo contendere, or before trial, each party shall acknowledge in writing or on the record in open court the disclosure, receipt, and list of all documents, items, and information provided to the defendant under this article.
Penalties for Non-Compliance • None listed in CCP 39.14 • Issue on Appeal • Exclusion of Evidence • Contempt
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