Introduction:

1. Introduction: • Hal Putnam: Driver Record Program Manager (208) 334-4465 email: hal.putnam@itd.idaho.gov • Amy Kearns: Suspension Unit Supervisor (208) 334-4466 email: amy.kearns@itd.idaho.gov

2. Learning Objectives 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. Understand the manner in which these types of suspensions can overlap or be consecutive and the administrative and legal consequences of such events; 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; 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. Understand other issues ITD commonly sees when processing court orders dealing with suspension.

3. Learning 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;

4. 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Idaho courts, ITD and H & W (Child Support Services) • There are 50+ reasons that a driver’s status can be suspended or withdrawn: DUI to school attendance

5. 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

6. Learning objective #1: (cont) • 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).

7. Learning 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;

8. 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 failure • Blood and urine test: Department determines date of service upon receipt of results from forensics. Allowance for mailing plus 30 days

9. Learning objective 2 • 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.

10. Learning objective #2 (cont) • 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.

11. 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.

12. 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;

13. Learning objective #3 (cont) • 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).

14. 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.

15. 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.

16. Learning objective #4 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.

17. Learning objective #4 (cont) • 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:

18. 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.

19. Learning objective #5 Understand other issues ITD commonly sees when Processing court orders dealing with suspension.

20. Learning objective #5 (cont) • Issues: • CRLP dates • Interlock order dates • RDP from DUI courts

21. QUESTIONS