Driving While Impaired Kelly Simmons Louisiana Office of Motor Vehicles Public Safety Services Department of Public Safety

Topics of discussion 894 Processing 984 Processing Pre trial diversion

CCRP 894 OMV should receive records three separate times when an individual is sentenced under the provisions of CCRP 894.

Upon the plea. 894 Processing Upon OMV receiving an indication that an individual enters a plea OR is sentenced under the provisions of CCRP 894 the individual will be sent notification and the license will be suspended until all requirements are met and the charges are dismissed under the provisions.

894 Processing continued At the time that the individual petitions the court to set aside and dismiss. (Commonly referred to as the packet) The following documents and information must be submitted : Certified copies of the record of plea; has to indicate “894” Certified copy of the defendant's fingerprints, Boykin rights (Code of Criminal Procedure Article 556.1) which shall include the defendant's date of birth, social security number, and driver's license number $50 Money Order made payable to the Office of Motor Vehicles (storage and retrieval fee) Transmittal form HB 284 required 08/01/15 per ACT 200.

894 PROCESSING CONTINUED Upon receipt of the packet, OMV will generate a letter indicating that we have stored the information. This letter should be received by the court prior to the charges being dismissed. You may also receive a letter that states we have stored the documents however there is another 894 on the record. It is your choice at that point what you do with that letter.

Upon final disposition. 894 PROCESSING CONTINUED Upon final disposition. This will update the driving record to reflect the dismissal. If applicable the provisions of RS 32:667 H (1) will be invoked.

RS 32:667 H (1) (ACT 605) When will the provisions of RS 32:667 H (1) not be invoked? It will not be applied to a suspension for refusing the chemical testing when the customer has a previous alcohol related offense. It may not be applied to a suspension that requires the customer to have an ignition interlock as a condition of reinstatement until they submit proof to the department that they have installed the interlock. The provisions of ACT 605 may be applied to the suspension of driving privileges of a commercial drivers license holder, however shall not be applied to the disqualification of driving privileges. More information concerning disqualifications will be covered in the next presentation.

Who can get copies? How do you get copies? 894 Request for records OMV serves as the repository for these records when in conjunction with any plea for OWI. Who can get copies? Any Court, prosecuting agency or the defendant. How do you get copies? Written request may be submitted to the department via mail, fax or hand delivery.

Questions??????

CCRP 984 Expungements The following documents and information must be submitted to OMV: Certified copies of the record of plea of guilty or nolo contendere on DWI offenses; Original or Certified copy of the fingerprints. Proof of the requirements as set forth in code of criminal procedure Article 556 misdemeanors and Article 556.1 for felonies which shall identify the defendant by date of birth, social security number, and the driver’s license number. Documents defendant was advised of his rights and waived those rights. $50 Money Order made payable to the Office of Motor Vehicles for storage and retrieval Transmittal form HB 284 required 08/01/15 per ACT 200

CERTIFIED STORAGE LETTER 984 Upon receipt of the required documents/information OMV will generate a certified letter stating that we have received and stored the information. This letter is required when submitting the file to State Police on expungements filed on or after August 1, 2014.

984 Request for record Who can get copies? How do they get copies? OMV serves as the repository for these records when in conjunction with OWI. Who can get copies? A members of law enforcement or criminal justice agency, or prosecutor. How do they get copies? They shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.

Tips/reminders This applies to expungements filed on or after 08/1/14. The necessity of the letter only applies to a person convicted of DWI. The $50 payment required for CCRP 984 is not the same $50 payment required for CCRP 894. HB 284 will supply the courts with the transmittal sheet required for both CCRP 894 and CCRP 984. This will hopefully alleviate some of the confusion. It will also allow the court to supply the CCRP 894 letter in lieu of sending the fingerprints, plea etc… twice.

FLOW CHART FOR 984 (EXPUNGEMENT) Expungement-984 packet is mailed from the court to OMV. OMV will send the packet back to the court with an indication of why the document is not acceptable. Mail/scanning department opens all mail and directs to the appropriate office. (984 packets are sent the Impaired Driver Withdrawal Unit) IF NOT An analyst in the Impaired Driver Unit checks to insure that all required documents were received.. IF YES Analyst creates the certified letter that is sent to the court stating that the documents have been received and stored. They will also update/flag the driving history with this information. OMV sends packet to the scanning department to have the documents scanned and stored into our Content Manager database. Certified copies of 984 may be released to the following: member of law enforcement or criminal justice agency, or prosecutor when requested under the provisions of Article 973. If a request is received, OMV will retrieve the documents from our Content Manager database and provide certified copies.

Questions??????

Pretrial programs

Pre trial programs The pretrial diversion / intervention programs vary greatly from one parish to another but require strict compliance with the requirements and usually include payment of program fees to participate, counseling, mandatory class attendance, community service, and probation, and may also require additional drug and alcohol testing, and any other requirements set by the individual jurisdictional programs. Pretrial program must be completed in its entirety before it can be applied to the conviction..

Reporting convictions R.S. 32:393 C (b)(i) and (ii) requires the court to report all convictions to OMV, within 30 days for class D and E drivers and within 10 days for CDL or CLP class drivers. This includes dispositions of 894, 893, 892.1, and pretrial programs. The participation in these programs for commercial drivers/holder will also be considered masking and require the driver to be disqualified

Discussion/questions???

Contact Info Kelly Simmons Office of Motor Vehicles/225.925.6146 Department of Public Safety and Corrections, Public Safety Services Kelly.Simmons@la.gov 225.922.2870 (non-public) www.expresslane.org