- (a) Upon notification that a criminal charge under Texas Penal Code, §§49.04, 49.07, or 49.08, 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, it is recommended that the defendant send a certified copy of the judgment of acquittal to the department at its headquarters in Austin. A defendant should send a written request which identifies the defendant by name and by 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 filed 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 February 15, 1995, 20 TexReg 570.