Hal Putnam:

1
Introduction

• Hal Putnam
• Driver Record Program Manager
• [phone]
• email hal.putnam_at_itd.idaho.gov
• Amy Kearns
• Suspension Unit Supervisor
• [phone]
• email amy.kearns_at_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 drivers 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  be suspended or withdrawn DUI to school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 285.00gtI. C. 49-328 (Title
  18s 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 Courts 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 gt 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)

• 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 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