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

Learning Objectives
1.

2.

3.

4.

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.

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;

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There are 50+ reasons that a drivers status can be suspended or withdrawn: DUI to school attendance

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

Learning objective #1: (cont)

1.

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).

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;

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

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.

Learning objective #2 (cont)

Court

Withdrawal Start Date:

Withdrawal order or start date is backdated 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)

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.

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;

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).

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 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)

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 > receipt turn around time is 3 to 5 days plus collection agency delay, if in doubt refer to ITD.

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.

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:

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.

Learning objective #5

Understand other issues ITD commonly sees when Processing court orders dealing with suspension.

Learning objective #5 (cont)

Issues:
CRLP dates Interlock order dates RDP from DUI courts

QUESTIONS