37 Tex. Admin. Code § 17.13 - Effect of Acquittal; Notification to the Department

Current through Reg. 47, No. 14; April 8, 2022

(a) Upon notification that a criminal charge under Texas Penal Code, § 49.04, § 49.06, § 49.07, § 49.08, or Texas Alcoholic Beverage Code, § 106.041, has resulted in an acquittal, the department shall not impose a suspension arising out of the same conduct or transaction. If a suspension has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the defendant.
(b) To ensure that the department receives notice of acquittal, the defendant shall send a certified copy of the judgment of acquittal to the department at the address listed in § 17.16(1) of this title (relating to Service On The Department Of Certain Items Required To Be Served On, Mailed To, Or Filed With The Department). A defendant should send a written request which identifies the defendant by name and driver's license number, states the date and county of arrest, and requests rescission of the suspension. The department reserves the right to verify the acquittal. Upon verification, the department shall rescind the suspension and remove references to the suspension from the defendant's computerized driving record.
(c) For purposes of this section, the following types of dispositions of any criminal complaint shall not be regarded as an acquittal:
(1) a pre-trial order of dismissal where jeopardy has not attached;
(2) a reduction of charges;
(3) a conviction on a lesser included charge;
(4) a disposition under Texas Penal Code, § 12.45; or
(5) any discharge or dismissal brought about by a failure to bring a cause of action to speedy trial within the time required by the state or federal constitutions.

Notes

37 Tex. Admin. Code § 17.13
The provisions of this §17.13 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.