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Introduction:Introduction:Hal Putnam:
Driver Record Program Manager(208) 334-4465 email: [email protected]
Amy Kearns:Suspension Unit Supervisor(208) 334-4466email: [email protected]
1. Understand the different types of suspensions of driving privileges and how they originate, e.g., ALS suspension as opposed to those ordered by a judge pursuant to statute.
2. Understand the manner in which these types of suspensions can overlap or be consecutive and the administrative and legal consequences of such events;
3. Have a better knowledge of how the reinstatement process works as between ITD and the suspended driver and what, if any, role the courts play in such reinstatement;
4. The effect of court orders on the suspension of driving privileges while a defendant/drive is incarcerated, particularly in felony cases where actual prison time is involved.
5. Understand other issues ITD commonly sees when processing court orders dealing with suspension.
Learning Objectives Learning Objectives
Learning objective #1Learning objective #1
Understand the different types of suspensions of driving privileges and how they
originate, e.g., ALS suspension as opposed to those ordered
by a judge pursuant to statute;
Learning objective #1: (cont)Learning objective #1: (cont)
Withdrawal Types: Suspended, Disqualified (CDL/CMV only ), Revoked, Cancelled
Suspending authorities: Idaho courts, ITD and H & W (Child Support Services)There are 50+ reasons that a driver’s
status can be suspended or withdrawn: DUI to school attendance
Learning objective #1: (cont)Learning objective #1: (cont)
Suspensions or withdrawals are based on notification or input to the department indicating some type of action has occurred:Sources of input: Courts and Law
Enforcement (ALS), Other jurisdictions (NRVC), Schools, child support services
Learning objective #1: (cont)Learning objective #1: (cont)
1. Understanding the different types of withdrawals and how they originate: Administrative (departmental) withdrawal:
Period of withdrawal time is dictated by statute.
No court action, i.e., ALS (failure BAC test) school attendance, child support
Court conviction or action: habitual (points), financial responsibility, violation of restriction, refusals. A more complete list can be found in I.C. 49-326
Court ordered suspensions, i.e., DUI, DWP, vehicular manslaughter, FTP (Period of suspension is guided by Idaho Statute).
Learning objective 2Learning objective 2
Understand the manner in which these types of
suspensions can overlap or be consecutive and the administrative and legal consequences of such
events;
Learning objective 2 (cont)Learning objective 2 (cont)
ALS suspensions start 30 days from the date of service which is driven by the date of evidentiary test failure.Date of Service for Breath is date of
test failureBlood and urine test: Department
determines date of service upon receipt of results from forensics. Allowance for mailing plus 30 days
All other department withdrawals, the department determines start date:
Current Procedure allows for withdrawal to start 10 to 14 days from notification or mailing date of notification letter.
Learning objective 2Learning objective 2
Court Withdrawal Start Date:Withdrawal order or start date is back-
dated to run with ALS suspension dates, date of arrest or future date:Concerns when court suspension are tied ALS:
No court withdrawal because of double jeopardyALS may not happen because vacate or dismissal of
ALS. If backdated driver may not serve any suspension
time.
Learning objective #2 (cont)Learning objective #2 (cont)
Unless otherwise indicated, court suspension will start with date of order:◦Administrative: not a concern◦Legal: Possible concern if not ordered
to be consecutive driver may not serve appropriate suspension
Occasionally may seek clarification from Judge if there is a problem posting to the record.
Learning objective #2 (cont)Learning objective #2 (cont)
Learning objective 3 (cont)Learning objective 3 (cont)
Have a better knowledge of how the reinstatement process works between ITD and the suspended driver and what, if any, role the
courts play in such reinstatement;
Your County judiciary fund gets a cut of all reinstatement fees (excluding ALS)
If withdrawal occurs, reinstatement fees becomes a statutory department requirement. (Please do not issue orders waiving reinstatement fees).
Learning objective #3 (cont)Learning objective #3 (cont)
Several reinstatement requirements. (Some or all may be required):
Pay reinstatement fee to the department. Fees can be paid by mail, on-line or by phone. Range from $25. 00 to $285.00>I. C. 49-328 (Title 18’s are stackable)
Provide SR22:This sets up a notification agreement between Insurance carrier and department. Required on certain violations: No insurance violations DUI, DWP,
Serve the suspension time (soft vs. hard)Provide proof that the ticket has been paid.
Learning objective #3 (cont)Learning objective #3 (cont)
The Court’s Part:Current process for transmission of data (suspensions, conviction, receipts) from court to ITD is accomplished via ISTARS. Proper clerk education for information to the public, i.e., Automatic suspension for any conviction of insurance laws, FTP > receipt turn around time is 3 to 5 days plus collection agency delay, if in doubt refer to ITD.
Learning objective #3 (cont)Learning objective #3 (cont)
The effect of court orders on the suspension of driving
privileges while a defendant/driver is
incarcerated, particularly in felony cases where actual
prison time is involved.
Learning objective #4Learning objective #4
Department’s Current Procedure:◦Post suspension with court order as the start date with no end date: Looks like a indefinite suspension
◦When driver presents documentation of release date, specific suspension start and end dates are posted to the record:
Learning objective #4 (cont) Learning objective #4 (cont)
Issues: ◦Order has specific start date in the future
and driver is incarcerated between now and that date. Driver has opportunity to driver while in prison, how does he get a license or permit?
◦Suspending somebody while they are incarcerated?
◦Question to the audience: Is it your intent or perception that driver should be able to drive while incarcerated.
Learning objective #4 (cont) Learning objective #4 (cont)
Understand other issues ITD commonly sees when
Processing court orders dealing with suspension.
Learning objective #5 Learning objective #5
Issues: CRLP datesInterlock order datesRDP from DUI courts
Learning objective #5 (contLearning objective #5 (cont) )
QUESTIONS
