driving privileges powerpoint

8/13/2019 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.



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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).



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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)



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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.



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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.



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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:



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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.



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Understand other issues ITD

commonly sees whenProcessing court ordersdealing with suspension.



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Issues:CRLP dates

Interlock order dates

RDP from DUI courts



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QUESTIONS

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