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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 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

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  1. Update on Driving Safety Course & Deferred Disposition Tiffany Dowling Program Attorney & Deputy Counsel TMCEC

  2. 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.

  3. Driving Safety Course (DSC) • Child Safety Seats • HB 183 • Applies to offenses committed on or after 9/1/2005

  4. 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

  5. Driving Safety Course (DSC) • Course Completion Certificates • HB 468 • Effective 9/1/2005

  6. Driving Safety Course (DSC) • Course Completion Certificates (continued) • Article 45.0511(b), Code of Criminal Procedure • DSC approved by Texas Education Agency (TEA)

  7. 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!

  8. Driving Safety Course (DSC) • Fee for Driving Record • HB 703 • Applies to offenses committed on or after 1/1/06

  9. 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

  10. Driving Safety Course (DSC) • DSC for Military Personnel • HB 370 • Effective 9/1/2005

  11. 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

  12. 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

  13. Driving Safety Course (DSC) • Commercial Drivers • SB 1257 • Applies to offenses committed on or after 9/1/2005

  14. 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

  15. Deferred Disposition • Commercial Drivers • SB 1257 • Applies to offenses committed on or after 9/1/2005

  16. 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

  17. Deferred Disposition • More Commercial Drivers • HB 2702 • Applies to offenses committed on or after 9/1/2005

  18. 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

  19. 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

  20. Deferred Disposition • More Commercial Drivers (continued) • “motor vehicle control” NOT defined

  21. 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?

  22. Deferred Disposition • Young Drivers • SB 1005 • Applies to offenses committed on or after 9/1/2005

  23. Deferred Disposition • Young Drivers (continued) • Defendants under 25: • Commit traffic offense • Classified as moving violations • Requires: • Driving safety course as term of deferred

  24. 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

  25. Deferred Disposition • Young Drivers (continued) • If defendant fails provide evidence of completing one of these terms: • Judge shall impose fine assessed

  26. 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

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