(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.
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