| (a) Upon notification that a criminal charge of an
offense listed in Texas Transportation Code, Chapter 524 or Chapter
724, 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 contained in the notice
of suspension or disqualification. 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.
|
| Source Note: 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; amended to be effective September 11, 2024, 49 TexReg 7051 |
