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Archive for the ‘Driver License Suspension Laws’ Category

PERIOD OF SUSPENSION

Saturday, June 4th, 2011

A period of suspension for an adult is: 90 days if the person’s driving record shows no alcohol-related or drug-related enforcement contact during the 10 years preceding the date of the person’s arrest; or one year if the person’s driving record shows one or more alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the person’s arrest.

A period of suspension for a minor is: 60 days if the minor has not been previously convicted of an offense involving the operation of a motor vehicle or a watercraft; 120 days if the minor has been previously convicted once of an offense; or 180 days if the minor has been previously convicted twice or more of an offense.

For the purposes of determining whether a minor has been previously convicted of an offense: an adjudication that the minor engaged in conduct is considered a conviction under that provision; and an order of deferred adjudication for an offense alleged is considered a conviction of an offense under that provision.

If you know someone that has been charged with a criminal charge, DWI, murder, etc., please contact The Raggio Law Firm at (214) 461-6182 for a free consultation.

Dallas Criminal Defense, JR-Lawyers 4925 Greenville Ave, Suite 711 Suite 4, Dallas, TX 75206 (214) 453-0518 Dallas Criminal Lawyer | Dallas Criminal Attorney | Dallas Attorney | Dallas Drug Attorney | Dallas DWI Attorney | Dallas Traffic Ticket Attorney | Dallas Juvenile Attorney | Dallas Assault Attorney | Dallas Manslaughter Attorney | Dallas Murder Attorney | Dallas White Collar Criminal Attorney | Google Plus

SUSPENSION EFFECTIVE DATE

Saturday, June 4th, 2011

A driver’s license suspension takes effect on the 40th day after the date the person: receives a notice of suspension; or is presumed to have received notice of suspension.

A suspension may not be probated.

If you know someone that has been charged with a criminal charge, DWI, murder, etc., please contact The Raggio Law Firm at (214) 461-6182 for a free consultation.

Dallas Criminal Defense, JR-Lawyers 4925 Greenville Ave, Suite 711 Suite 4, Dallas, TX 75206 (214) 453-0518 Dallas Criminal Lawyer | Dallas Criminal Attorney | Dallas Attorney | Dallas Drug Attorney | Dallas DWI Attorney | Dallas Traffic Ticket Attorney | Dallas Juvenile Attorney | Dallas Assault Attorney | Dallas Manslaughter Attorney | Dallas Murder Attorney | Dallas White Collar Criminal Attorney | Google Plus

NOTICE OF DEPARTMENT’S DETERMINATION

Saturday, June 4th, 2011

If the department suspends a person’s driver’s license, the department shall send a notice of suspension by first class mail to the person’s address: in the records of the department; or in the peace officer’s report if it is different from the address in the department’s records.

Notice is considered received on the fifth day after the date the notice is mailed.

If the department determines not to suspend a person’s driver’s license, the department shall notify the person of that determination and shall rescind any notice of driver’s license suspension served on the person.

If you know someone that has been charged with a criminal charge, DWI, murder, etc., please contact The Raggio Law Firm at (214) 461-6182 for a free consultation.

Dallas Criminal Defense, JR-Lawyers 4925 Greenville Ave, Suite 711 Suite 4, Dallas, TX 75206 (214) 453-0518 Dallas Criminal Lawyer | Dallas Criminal Attorney | Dallas Attorney | Dallas Drug Attorney | Dallas DWI Attorney | Dallas Traffic Ticket Attorney | Dallas Juvenile Attorney | Dallas Assault Attorney | Dallas Manslaughter Attorney | Dallas Murder Attorney | Dallas White Collar Criminal Attorney | Google Plus

DEPARTMENT’S DETERMINATION FOR DRIVER’S LICENSE SUSPENSION

Saturday, June 4th, 2011

On receipt of a report, if the officer did not serve a notice of suspension of driver’s license at the time the results of the analysis of a breath or blood specimen were obtained, the department shall determine from the information in the report whether to suspend the person’s driver’s license.

The department shall suspend the person’s driver’s license if the department determines that: the person had an alcohol concentration, while operating a motor vehicle in a public place or while operating a watercraft; or the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor’s system while operating a motor vehicle in a public place or while operating a watercraft.

The department may not suspend a person’s driver’s license if: the person is an adult and the analysis of the person’s breath or blood specimen determined that the person had an alcohol concentration of a level less than that required, at the time the specimen was taken; or the person is a minor and the department does not determine that the minor had any detectable amount of alcohol in the minor’s system when the minor was arrested.

A determination is final unless a hearing is requested.

A determination: is a civil matter; is independent of and is not an estoppel to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension;  and does not preclude litigation of the same or similar facts in a criminal prosecution.

If you know someone that has been charged with a criminal charge, DWI, murder, etc., please contact The Raggio Law Firm at (214) 461-6182 for a free consultation.

Dallas Criminal Defense, JR-Lawyers 4925 Greenville Ave, Suite 711 Suite 4, Dallas, TX 75206 (214) 453-0518 Dallas Criminal Lawyer | Dallas Criminal Attorney | Dallas Attorney | Dallas Drug Attorney | Dallas DWI Attorney | Dallas Traffic Ticket Attorney | Dallas Juvenile Attorney | Dallas Assault Attorney | Dallas Manslaughter Attorney | Dallas Murder Attorney | Dallas White Collar Criminal Attorney | Google Plus

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