1 2015 Institute for Court Management. Welcome 2  Sign in  Help yourself to the handout resources  Please share this information with your coworkers!

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Presentation transcript:

Institute for Court Management

Welcome 2  Sign in  Help yourself to the handout resources  Please share this information with your coworkers!

Lisa Helton (208) Suspension Unit Supervisor

Chris Kiyoshi (208) Medical Records Supervisor

(208) Phone Number for the General Public

6 “Something for Jamie” Video

Additional items from video 7  Differences of Breath Alcohol Concentration (BAC) level if operating a Commercial Motor Vehicle (CMV):  CDL Disqualification  Additional action taken against a driver’s commercial driving privileges based upon federal regulations

Accuracy of Information 8  Typing Errors  Marking appropriate boxes  Complete and accurate information

Timeliness of Information 9  Reporting to Other States  Federal regulations require convictions and withdrawals for CDL holders, or those operating a CMV, to be transmitted to the State of Licensure within 10 days

10 Electronic vs. Manual Processes

QUIZ Which of the following does not report to ITD electronically? A. Convictions B. Suspension Orders C. Receipts for payment of infractions (Notices of Compliance) D. Amended/Modified Orders 11

QUIZ Which of the following does not report to ITD electronically? 12 A. Convictions B. Suspension Orders C. Receipts for payment of infractions (Notices of Compliance) D. Amended/Modified Orders

Electronically transmitted items 13  Citations/Convictions (originally entered)  Suspension Orders (originally entered)  Notices of Non-Compliance (infraction suspensions)  Receipts/Notices of Compliance

Manually transmitted items 14  Modified/Amended Convictions  Modified/Amended Suspension Orders  Dismissal and/or Set-Aside Orders  Ignition Interlock orders that are not ordered at the same time as the driver’s license suspension.

Ways to Manually Submit Items to ITD 15  Mail to: Attn: Driver Services Idaho Transportation Department PO Box 7129 Boise, ID  Fax to: (208)  to:

Withheld Judgments 16  Report to ITD with conviction.  If granted after the original conviction has been entered, then the information must be manually sent to ITD.  Dismissals must be manually sent to ITD.  There is no disposition code for a dismissal; therefore, there is no way to transmit this electronically.

Masking 17 What is Masking?  Hiding or Preventing Violations/Suspensions from being viewed on Driving Records  Masking codes that apply to CDL or Convictions in a CMV  Idaho Code (5)  FMCSR §  Withheld judgments and bond forfeitures are considered masking

18 RECEIPT and NOTICE OF PAYMENT/COMPLIANCE Receipts

IS IS NOT  Equivalent to a conviction  A set-aside order 19 Receipts and Notices of Compliance Confirms payment of and compliance with citation requirements Confirms payment of and compliance with citation requirements

Infraction Receipts 20  Receipt and Notice of Payment/Compliance are proof that a citation has been paid.  Report electronically to ITD.  Take 3-5 business days to post to a driving record.  They do not report to ITD instantly.  If driver needs a copy of the receipt, it must come from the court. ITD cannot provide it.

Why 3-5 business days?  Information is uploaded from each individual court to the Supreme Court.  The Supreme Court then creates a file with the receipt information. This file is transmitted to ITD through a secure interface.  ITD must then download the file into its’ computer system. 21

What ITD sees when receipt posts 22 DDS02038 DIN2 * DRIVER LICENSE SYSTEM 10/17/13 MAP DPPA: Y DRIVER RECORD 12:32 DL NO: DL LIF: CLASS: XD OPR STATUS: INVALD NAME: PTS: 0/ 0/ 0 CDL STATUS: NOTLIC SEG. DOC # DATE DESC DISP PTS ---TO--- --ACTION--- L /19/13 INFRACT ID CRT SUSP /07/13 INFRACTIONS 01/05/14 COMM /16/13 INFRACTION POSTED 10/16/2013 COMM /16/13 ELEC RCPT RCVD ON 10/15/2013 L /16/13 FEE REQUIRED

If driver is calling you about an infraction?  Please verify if they are trying to pay the infraction or the suspension reinstate fee.  Do not refer driver to ITD for information on how to pay a collection agency.  Fine amount due for infraction does not always report to ITD. 23

Point Reductions 24  Defensive Driving Courses  Out of State Drivers are NOT eligible  Conviction will be sent to driver’s home state  Points must be on the record BEFORE the class  Driver must pay ticket or make a guilty plea first  Alive at 25 is NOT recognized for point reduction  Not available for everyone  Only a 4 hour class, IDAPA Rules require at least 6 hours

NRVC Suspensions 25 Non-Resident Violator Compact  States NOT in compact: Alaska, California, Michigan, Montana, Oregon & Wisconsin  Allows drivers who are cited in another state to proceed on their way  Driver’s home state takes action on nonpayment  Driver’s home state will need compliance information to clear  NRVC Suspensions are posted as “indefinite” and do not time out

Out-of-State Suspensions 26  IC : Conviction or action in another state for an offense that, if committed in Idaho, would be grounds for suspension.  Actions against Idaho drivers based on other states convictions  IC : Allows ITD to suspend on Out-of-State drivers who commit offenses in Idaho  When courts send suspension orders for out-of-state drivers, those convictions are forwarded to their state of licensure, which opens them for possible suspension action by that state as well.

Administrative License Suspension (ALS) Refusal Suspensions  90 Days for first  1 Year for second  Hearing Requests- within 7 calendar days  Permit through ITD, unless it’s one year absolute  1 Year for first  2 years for second  Hearing Requests- Court specified on form Line 2B  No Permit- Absolute Suspension 27 ALS, REFUSAL, DUI IC A IC Driving Under the Influence (DUI) Driving Under the Influence (DUI)  Court Orders Suspension and Permit  Indefinite Suspensions IC ALS, DUI & Refusal is possible! (rare)

28 Court Restricted License Permits (CRLP)

29  Also known as:  Hardship License  Probationary Permit  Restricted Permit  Temporary Driving Permit  Work Permit  Gives an individual whose driving privileges have been suspended the ability to drive for specific events and during specific times.  ITD may receive them manually or electronically.

QUIZ A 90-day Suspension is reported to ITD. The suspension box marked ‘consecutive’ has been checked. Driver already has a suspension on record that does not end for another 60 days. When will this suspension begin? A. Date order issued B. Date ITD received the order C. In 60 days D. In 90 days 30

QUIZ A 90-day Suspension is reported to ITD. The suspension box marked ‘consecutive’ has been checked. Driver already has a suspension on record that does not end for another 60 days. When will this suspension begin? 31 A. Date order issued B. Date ITD received the order C. In 60 days D. In 90 days

QUIZ For this same driver; the driver comes into your office 30-days after the suspension order was issued and requests a permit. A permit is then issued so the driver can begin driving immediately. Can ITD post the CRLP? A. Yes B. No 32

QUIZ For this same driver; the driver comes into your office 30-days after the suspension order was issued and requests a permit. A permit is then issued so the driver can begin driving immediately. Can ITD post the CRLP? B. No 33

Issuance of CRLP Court Restricted License Permit 34  A CRLP should only be issued if the driver would be valid if the suspension was removed.  A court can only issue a permit for a suspension which this court has ordered.  Case # on CRLP must match case # on suspension  ITD cannot post a CRLP to a driving record unless a suspension has been posted and is in effect.

Recommendations before issuing CRLP 35  Verify that driver has actually been issued a driver’s license.  Verify driver doesn’t have other suspensions  In-state – can get access to ITD driving records  Out-of-state – contact ITD and we can check  Stay orders are needed to lift the suspension in order to allow a driver the ability to renew a driver’s license if it has expired.

36 NO INSURANCE No Insurance

QUIZ A driver who lives in Idaho pays a citation for No Insurance. Will the Idaho driver receive a suspension? A. Yes B. No 37

QUIZ A driver who lives in Idaho pays a citation for No Insurance. Will the Idaho driver receive a suspension? A. Yes 38

No Insurance Suspensions 39  Conviction is reported to ITD (default or guilty plea).  Suspension automatically generated to begin 16 days from ITD’s receipt of the conviction. It’s not instant.  Letter automatically generated and mailed to driver informing them of the suspension. Suspension is based upon the conviction. It does not matter if driver has paid the citation or not.

40  If the citation is not paid on time, a driver will receive two suspensions:  One based upon the conviction  Second for failure to pay the citation (referred to as an infraction suspension).  If the citation gets dismissed after a conviction has been entered, an order setting aside the conviction must be manually sent to ITD. No Insurance Suspensions

Set-Aside Order or Dismissal Order 41  If the Order is unspecified, it removes both the conviction and the suspension from the driving record (infractions only).  No reinstatement fees or SR-22 requirements  “Other” check box allows for options to write in: such as payment arrangements made so conviction will remain and only suspension is removed.

42

43 Online Insurance Verification System (OIVS)

Online Insurance Verification System 44  Assist in the enforcement of motor vehicle liability insurance requirements.  Law Enforcement  ILETS  Clerk of Courts  Allows a real time response on a specific date

45 OIVS Video

46

DMV help desk number: (800) OIVS Contacts

Medical & Records Updates 48  Driver Record Dashboard (DRD)  Medical  How to Request Medical Evaluation  Who can request evaluations?  Immediate Family Members  Law Enforcement (at the point of contact)  Licensed Physicians/Vision Specialists  Judges  How?  Fax: (208) 

Payment of Reinstatement Fees 49  Phone:  (208) (VISA or MasterCard only)  Immediately posts to record  2% Service Fee (New as of June 1 st )  Online through Access Idaho at: dmv.idaho.gov  Go to online services and then license reinstatement  Online payments take 1-2 business days to post  VISA, MasterCard, American Express or Discover  3% Service Fee for paying Online  Mail:  Attn: Driver Services  Idaho Transportation Department  PO Box 34  Boise, ID

Free Status Check 50  If driver just needs to know:  Status of their license  Driver license number  Amount of reinstatement fees due  If an SR-22 is required or the end date of an SR-22  They can get the information online for FREE.  The driver must have their name, date of birth, and either their social security number or driver’s license number in order to access their record.  Refer driver to online services, free status check, at dmv.idaho.gov.

51 Thank you.