Download - Driving Privileges Powerpoint
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Introduction: Hal Putnam:
Driver Record Program Manager(208) 334-4465
email: [email protected]
Amy Kearns:
Suspension Unit Supervisor
(208) 334-4466
email: [email protected]
mailto:[email protected]:[email protected] -
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1. Understand the different types of suspensions of driving
privileges and how they originate, e.g., ALS suspensionas opposed to those ordered by a judge pursuant tostatute.
2. Understand the manner in which these types of
suspensions can overlap or be consecutive and theadministrative and legal consequences of such events;
3. Have a better knowledge of how the reinstatementprocess works as between ITD and the suspended
driver and what, if any, role the courts play in suchreinstatement;
4. The effect of court orders on the suspension of drivingprivileges while a defendant/drive is incarcerated,particularly in felony cases where actual prison time isinvolved.
Learning Objectives
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Learning objective #1
Understand the different types ofsuspensions of driving privileges
and how they originate, e.g., ALSsuspension as opposed to thoseordered by a judge pursuant to
statute;
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Learning objective #1: (cont)
Suspensions or withdrawals arebased on notification or input tothe department indicating some
type of action has occurred:Sources of input: Courts and Law
Enforcement (ALS), Other jurisdictions
(NRVC), Schools, child support services
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Learning objective #1: (cont)
1. Understanding the different types ofwithdrawals 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 inI.C. 49-326
Court ordered suspensions, i.e., DUI, DWP,vehicular manslaughter, FTP (Period of
suspension is guided by Idaho Statute).
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Learning objective 2
Understand the manner in
which these types ofsuspensions can overlap or beconsecutive and the
administrative and legalconsequences of such events;
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Learning objective 2 (cont)
ALS suspensions start 30days from the date of servicewhich is driven by the date ofevidentiary test failure.Date of Service for Breath is date of test
failure
Blood and urine test: Departmentdetermines date of service upon receipt ofresults from forensics. Allowance formailing plus 30 days
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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 jeopardy
ALS may not happen because vacate or dismissal of
ALS.If backdated driver may not serve any suspension
time.
Learning objective #2 (cont)
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Unless otherwise indicated, courtsuspension will start with date oforder:Administrative: not a concern
Legal: Possible concern if not ordered tobe consecutive driver may not serveappropriate suspension
Occasionally may seek clarificationfrom Judge if there is a problemposting to the record.
Learning objective #2 (cont)
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Learning objective 3 (cont)
Have a better knowledge of how thereinstatement process works
between ITD and the suspendeddriver and what, if any, role the
courts play in such reinstatement;
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Your County judiciary fund gets acut of all reinstatement fees(excluding ALS)
If withdrawal occurs,reinstatement fees becomes astatutory departmentrequirement. (Please do notissue orders waiving
reinstatement fees).
Learning objective #3 (cont)
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Several reinstatementrequirements. (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 (Title18s are stackable)
Provide SR22:
This sets up a notification agreement betweenInsurance carrier and department. Required oncertain violations: No insurance violations DUI,DWP,
Serve the suspension time (soft vs. hard)
Learning objective #3 (cont)
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The Courts Part:Current process for transmission
of data (suspensions, conviction,
receipts) from court to ITD isaccomplished via ISTARS.Proper clerk education for information to thepublic, i.e., Automatic suspension for any
conviction of insurance laws, FTP > receiptturn around time is 3 to 5 days plus collectionagency delay, if in doubt refer to ITD.
Learning objective #3 (cont)
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The effect of court orders on thesuspension of driving privileges
while a defendant/driver isincarcerated, particularly infelony cases where actual
prison time is involved.
Learning objective #4
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Departments 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 enddates are posted to the record:
Learning objective #4 (cont)
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Issues: Order has specific start date in the future and
driver is incarcerated between now and thatdate. Driver has opportunity to driver while inprison, how does he get a license or permit?
Suspending somebody while they areincarcerated?
Question to the audience: Is it your intent orperception that driver should be able to drivewhile incarcerated.
Learning objective #4 (cont)
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Understand other issues ITD
commonly sees whenProcessing court ordersdealing with suspension.
Learning objective #5
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Issues:CRLP dates
Interlock order dates
RDP from DUI courts
Learning objective #5 (cont)
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QUESTIONS