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Update on Driving Safety Course & Deferred Disposition Tiffany Dowling Program Attorney & Deputy Counsel TMCEC Objectives Identify changes to the driving safety course statute (Article 45.0511, Code of Criminal Procedure).

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update on driving safety course deferred disposition

Update on Driving Safety Course & Deferred Disposition

Tiffany Dowling

Program Attorney & Deputy Counsel

TMCEC

objectives
Objectives
  • Identify changes to the driving safety course statute (Article 45.0511, Code of Criminal Procedure).
  • Identify changes to the deferred disposition statute (Article 45.051, Code of Criminal Procedure).
  • Recognize when these changes become effective.
driving safety course dsc
Driving Safety Course (DSC)
  • Child Safety Seats
    • HB 183
    • Applies to offenses committed on or after 9/1/2005
driving safety course dsc4
Driving Safety Course (DSC)
  • Child Safety Seats (continued)
    • Two DSCs in 12 months IF…
      • Child safety seat violation, T.C. 545.412
        • Operating motor vehicle
        • Child under 5 and under 36 inches
        • Child not in safety seat AND
      • First DSC general AND
      • Second DSC specialized
        • www.tea.state.tx.us/drive/activesb.html
driving safety course dsc5
Driving Safety Course (DSC)
  • Course Completion Certificates
    • HB 468
    • Effective 9/1/2005
driving safety course dsc6
Driving Safety Course (DSC)
  • Course Completion Certificates (continued)
    • Article 45.0511(b), Code of Criminal Procedure
      • DSC approved by Texas Education Agency (TEA)
driving safety course dsc7
Driving Safety Course (DSC)
  • Course Completion Certificates (continued)
    • PREVIOUSLY
      • TEA provided course completion certificates to schools
      • Uniformity of certificates
    • NOW
      • TEA provide certificate numbers
      • Less uniformity in certificates
    • Beware of fraud!
driving safety course dsc8
Driving Safety Course (DSC)
  • Fee for Driving Record
    • HB 703
    • Applies to offenses committed on or after 1/1/06
driving safety course dsc9
Driving Safety Course (DSC)
  • Fee for Driving Record (continued)
    • Discretionary
      • Alternative to defendant getting driving record
    • $10 fee
      • Judge may order
      • At time of DSC request
      • Judge get driving record from DPS
      • $10 to comptroller, credit DPS
driving safety course dsc10
Driving Safety Course (DSC)
  • DSC for Military Personnel
    • HB 370
    • Effective 9/1/2005
driving safety course dsc11
Driving Safety Course (DSC)
  • DSC for Military Personnel (continued)
    • Can get DSC even if no TX DL IF…
      • U.S. military active duty
      • Not done DSC in another state
driving safety course dsc12
Driving Safety Course (DSC)
  • DSC for Military Personnel (continued)
    • Still provide affidavit
      • Not taking DSC in another state
      • Haven’t taken DSC in another state in last year
    • Provide DPS driving record if they have one
driving safety course dsc13
Driving Safety Course (DSC)
  • Commercial Drivers
    • SB 1257
    • Applies to offenses committed on or after 9/1/2005
driving safety course dsc14
Driving Safety Course (DSC)
  • Commercial Drivers (continued)
    • Article 45.0511 Code of Criminal Procedure (DSC) not apply IF…
      • Hold CDL
      • Held CDL at time of offense
deferred disposition
Deferred Disposition
  • Commercial Drivers
    • SB 1257
    • Applies to offenses committed on or after 9/1/2005
deferred disposition16
Deferred Disposition
  • Commercial Drivers (continued)
    • Article 45.051 Code of Criminal Procedure (Deferred Disposition) not apply IF…
      • Hold CDL
      • Held CDL at time of offense
deferred disposition17
Deferred Disposition
  • More Commercial Drivers
    • HB 2702
    • Applies to offenses committed on or after 9/1/2005
deferred disposition18
Deferred Disposition
  • More Commercial Drivers (continued)
    • Article 45.051(f), Code of Criminal Procedure (Deferred Disposition)
      • PREVIOUSLY, no deferred IF…
        • Traffic offense
        • Committed by CDL holder
deferred disposition19
Deferred Disposition
  • More Commercial Drivers (continued)
    • NOW, no deferred IF…
      • Offense related to “motor vehicle control”
        • NOT parking
        • Includes state law and ordinance violations
      • Committed by person who
        • Holds CDL
        • Held CDL at time of offense
deferred disposition20
Deferred Disposition
  • More Commercial Drivers (continued)
    • “motor vehicle control” NOT defined
deferred disposition21
Deferred Disposition
  • More Commercial Drivers (continued)
    • Questions to ask:
      • Is this a state law violation relating to motor vehicle control?
      • Is this an ordinance violation relating to motor vehicle control?
      • Does the person hold a CDL?
      • Did the person hold a CDL at the time of the offense?
deferred disposition22
Deferred Disposition
  • Young Drivers
    • SB 1005
    • Applies to offenses committed on or after 9/1/2005
deferred disposition23
Deferred Disposition
  • Young Drivers (continued)
    • Defendants under 25:
      • Commit traffic offense
      • Classified as moving violations
    • Requires:
      • Driving safety course as term of deferred
deferred disposition24
Deferred Disposition
  • Young Drivers (continued)
    • Defendants with provisional DL (18)
      • Commit traffic offense
      • Classified as moving violation
    • Requires:
      • Driving safety course as term of deferred
      • Take driving exam as term of deferred
      • Defendant pay $10 exam fee
deferred disposition25
Deferred Disposition
  • Young Drivers (continued)
    • If defendant fails provide evidence of completing one of these terms:
      • Judge shall impose fine assessed
final remarks
Final Remarks
  • There is no substitute for reading the law!
  • These bills are available at:
    • www.capitol.state.tx.us/capitol.htm
      • 79th Regular Legislative Session
    • www.tmcec.com