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DPS Reporting

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Title: DPS Reporting


1
DPS Reporting
  • Rhonda KuehnDeputy Clerk, CCMCBrenham

2
DPS Reporting
  • Alcoholic Beverage Code
  • Penal Code
  • Health and Safety
  • Transportation Code
  • Education Code
  • New Trials
  • Appeals
  • Forms
  • Contract with DPS

3
Alcoholic Beverage Code
  • Convictions
  • DL suspensions or denial
  • Failure to complete Alcohol Awareness Program
  • Failure to Complete Community Service
  • Order of Deferred Disposition
  • Acquittals of driving under the Influence (DUI)

4
Alcoholic Beverage Code
  • Convictions- Possession, purchase, attempt to
    purchase, consumption of alcohol by a minor, or
    misrepresentation of age by a minor
  • Mandatory DL suspension
  • Suspension effective on 11th day after judgment
  • First conviction 30 days
  • Second conviction (charge enhanced to allege
    prior conviction) 60 days
  • Third offense 180 days (no jurisdiction)
  • Report order on DIC-15

5
Alcoholic Beverage Code
  • Failure to complete alcohol awareness program
  • Mandatory DL suspension
  • For a period not to exceed six months
  • For a period not to exceed one year (offense
    filed as second or subsequent)
  • Judge orders
  • Clerk reports court order on DIC-15
  • Must indicate beginning and ending date of
    suspension period

6
Alcoholic Beverage Code
  • Failure to complete community service
  • Mandatory DL suspension
  • For a period not to exceed six months
  • For a period not to exceed one year (offense
    filed as second or subsequent)
  • Judge orders
  • Clerk reports court order on DIC-15
  • Must indicate beginning and ending date of
    suspension period

7
Alcoholic Beverage Code
  • Orders of Deferred
  • Must report when ordered
  • Report order on DIC-15
  • If defendant fails to complete alcohol awareness
    program (required term)
  • Mandatory DL suspension or denial for up to six
    months
  • Judge orders
  • Court reports court order on DIC-15

8
Alcoholic Beverage Code
  • DUI
  • Acquittal
  • Report to DPS
  • Report on DIC-15

9
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10
Penal Code
  • Public Intoxication (person under age 21 and at
    least age 17)
  • Punishment same a ABC offense
  • Mandatory DL suspension
  • Alcohol awareness course
  • Community Service
  • See ABC information on reporting

11
Penal Code
  • Possession of Alcoholic Beverage in Motor Vehicle
  • Report like a traffic conviction
  • Report electronically (DPS code 3323) or use DR-18

12
Penal Code
  • Theft of gasoline
  • Loss of less than 50 (jurisdiction)
  • Court required to enter an affirmative judgment
    on first conviction
  • Court required to enter a special affirmative
    judgment on second conviction
  • Report like traffic electronically (DPS code
    3206) or use DR-18 form

13
Health and Safety Code
  • Failure to complete tobacco awareness program
  • Mandatory DL suspension or denial
  • Suspension not to exceed six months
  • Court orders suspension
  • Clerks report court order on DIC-15

14
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15
Transportation Code
  • Report convictions and final judgments on bond
    forfeitures on all traffic offenses
  • Convictions under Section 521.453, T.C.
  • Date of driving safety course completions
  • Teen court completion on traffic offenses
  • Failure to comply with Nonresident Violator
    Compact

16
Transportation Code
  • All traffic convictions and forfeitures of bail
  • Report by 30th day after date of conviction or
    forfeiture
  • If on time payment do not wait for final payment
  • Report electronically or use DR-18

17
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18
TRANSPORTATION CODE
  • SPEEDING
  • Greater than 10 above posted limit Use DPS
    code 3586
  • Speeding in a school zone Use DPS code 3596

19
Transportation Code
  • Form of report for convictions forfeitures
  • Name, address, physical description, race, or
    ethnicity, date of birth, DL number
  • Registration number
  • Date and nature of offense
  • Date of conviction
  • Amount of fine or forfeiture
  • If a search was conducted and if consent was
    given

20
Transportation Code
  • Form of report for convictions forfeitures
    (additional information on CMV and CDL)
  • Whether vehicle a commercial motor vehicle
  • Involved in transporting hazardous materials
  • Whether offense was a serious traffic offense
  • Additional information on CDL
  • Social security number of driver
  • CDL or CD learners permit number

21
Transportation Code
  • Passing School Bus Loading or Unloading Children
  • Second or Subsequent conviction
  • Court may order DL suspension
  • No longer than six (6) months
  • Report order on DIC-15 form

22
Transportation Code
  • Convictions under Section 521.453, T.C.
  • (Class C misdemeanor-500 max fine)
  • Selling, manufacturing, distributing, or
    possessing a document that is deceptively similar
    to a drivers license or a personal
    identification certificate issued by DPS unless
    the document displays the statement NOT A
    GOVERNMENT DOCUMENT diagonally printed clearly
    and indelibly on both the front and back of the
    document in solid red capital letters at least
    one-fourth inch in height.

23
Transportation Code
  • Conviction under Section 521.453, T.C.
  • Automatic DL suspension
  • Court may require surrender of DL
  • Clerk must send the DL with a report of the
    conviction to DPS by 10th after license
    surrendered
  • Court orders suspension
  • Suspension period not less than 90 days or more
    than one year
  • Clerk reports suspension on DIC-21 form

24
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25
Transportation Code
  • DSC dismissals
  • Report date defendant completed course
  • Report on DR-18 or electronically by DPS code
  • Teen court dismissals
  • Report the date of completion of teen court for
    traffic offenses
  • Report on DR-18 or electronically by DPS Code

26
Transportation Code
  • Nonresident Violator Compact (NRVC)
  • For FTA or FTP
  • Six part form
  • Mail first to defendant, wait 15 days
  • If no response, mail second and third pages of
    form to DPS
  • When defendant disposes of case, mail fourth page
    (defendants receipt) to defendant
  • Mail fifth copy to DPS (notice of withdrawal of
    suspension)
  • Keep sixth part in case file
  • Must report within six months

27
Transportation CodeNRVC Exemptions
  • Moving violations that carry a suspension
  • Equipment violations
  • Motor carrier violations
  • Lease law violations
  • Registration law violations
  • Offenses requiring a personal appearance
  • Size and weight limit violations
  • Parking or standing violations
  • Transporting hazardous material violations

28
(No Transcript)
29
Transportation Code
  • Prohibited Report
  • Traffic cases completing deferred disposition
  • If defendant fails to complete deferred and does
    not appeal, report traffic conviction

30
Transportation Code
  • Failure to report convictions and bond
    forfeitures
  • May be removed from office
  • Failure constitutes misconduct in office

31
Education Code
  • Failure to Attend School Offense
  • DL suspension or denial sanction (discretionary
    with judge)
  • For a period not to exceed 365 days
  • Use DIC-15 form

32
New Trial
  • Do not report if new trial granted
  • If second trial results in conviction of a
    traffic offense or an Alcoholic Beverage Code
    offense, report

33
Appeal
  • Do not report
  • If county court refuses jurisdiction of traffic
    or Alcoholic Beverage Code conviction and sends
    the case back, report

34
Failure to Appear
  • Defendant under age 17 fails to appear, court
  • May order DPS to suspend or deny issuance of DL
  • Must submit report within 2 years of FTA
  • Suspension or denial effective until person
    complies
  • Report on DIC-81
  • Report on DIC-81 when defendant fully complies

35
Failure to Pay or Violation of Court Order
  • Person under age 17
  • Applies to All offenses
  • Court conducts contempt hearing
  • If court retains jurisdiction of contempt under
    Article 45.050, C.C.P., Court
  • May order DL suspended or denied until defendant
    complies
  • Report on DIC-81
  • Report when defendant fully complies
  • Reported on DIC-81

36
Information Reported on Forms
  • DIC-15
  • Alcoholic Beverage Code
  • Convictions (DL suspensions)
  • Acquittals of DUI
  • Orders of deferred disposition
  • Failure to complete alcohol awareness program
  • Failure to complete community service

37
Information Reported on Forms
  • DIC-15
  • Penal Code
  • Public Intoxication (persons under age 21 and at
    least age 17)
  • Conviction (DL suspension)
  • Orders of deferred disposition
  • Failure to complete alcohol awareness program
  • Failure to complete community service

38
Information Reported on Forms
  • DIC-15
  • Health and Safety Code
  • Failure to complete tobacco awareness program
  • Education Code (Failure to Attend School)
  • If court suspends DL as a sanction
  • Transportation Code
  • DL suspension on second or subsequent conviction
    for passing a school bus loading or unloading
    children if court orders suspension

39
Information Reported on Forms
  • DIC-81
  • Failure to Appear (under age 17)
  • Failure to pay (under age 17)
  • Sanction of contempt

40
Information Reported on Forms
  • DR-18
  • Transportation Code
  • Traffic convictions
  • Bond forfeitures on traffic offenses
  • Dismissals of DSC/MOC and Teen Court
  • Penal Code
  • Possession of alcoholic beverage in motor vehicle
  • Theft of gasoline

41
Information Reported on Forms
  • DIC-21
  • Transportation Code
  • Conviction under Section 521.453 (DL suspension)

42
Addresses
  • Automated reports
  • Texas Department of Public Safety Driver
    Records/Data Submission P.O. Box 4087
    Austin, Texas, 78773-0364
  • Manual reports
  • Texas Department of Public Safety Driver
    Records/Ticket Verification P.O. Box 4087
    Austin, Texas 78773-0361

43
To Correct an Error
  • Send to one of the address
  • If offense is not failure to maintain financial
    responsibility, court may call at
  • 512/424-2031
  • 512/424-3545
  • 512/424-5988

44
Denial of Renewal of DL
  • City must contract with DPS
  • For FTA, FTP, or failing to satisfy a judgment in
    a manner ordered by the court
  • Defendant cannot renew DL
  • Traffic citations must have a notice
  • Defendant pays 30 fee

45
Contract with DPS
  • DPS may not continue to deny renewal if court
    notifies DPS
  • That person acquitted
  • The case was destroyed according to records
    retention policy

46
THE END
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