Officer's Duties for License Suspension; Written Refusal Report - Texas Transportation Code Section 724.032
Section 724.032. Officer’s Duties for License Suspension; Written Refusal Report
(a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall:
(1) serve notice of license suspension or denial on the person;
(2) take possession of any license issued by this state and held by the person arrested;
(3) issue a temporary driving permit to the person unless department records show or the officer otherwise determines that the person does not hold a license to operate a motor vehicle in this state; and
(4) make a written report of the refusal to the director of the department.
(b) The director must approve the form of the refusal report. The report must:
(1) show the grounds for the officer's belief that the person had been operating a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; and
(2) contain a copy of:
(A) the refusal statement requested under Section 724.031; or
(B) a statement signed by the officer that the person refused to:
(i) submit to the taking of the requested specimen; and
(ii) sign the requested statement under Section 724.031.
(c) The officer shall forward to the department not later than the fifth business day after the date of the arrest:
(1) a copy of the notice of suspension or denial;
(2) any license taken by the officer under Subsection (a);
(3) a copy of any temporary driving permit issued under Subsection (a); and
(4) a copy of the refusal report.
(d) The department shall develop forms for notices of suspension or denial and temporary driving permits to be used by all state and local law enforcement agencies.
(e) A temporary driving permit issued under this section expires on the 41st day after the date of issuance. If the person was driving a commercial motor vehicle, as defined by Section 522.003, a temporary driving permit that authorizes the person to drive a commercial motor vehicle is not effective until 24 hours after the time of arrest.
Gwenith
Watson
512-264-3205
cstuwatson@yahoo.com
I was arrested for PI on June 10th at 11:23 PM. My husband was arrested for a DWI due to failing the field sobriety tests which only consisted of two tests. One being Stand on one foot and count. Well he has a hip replacement on his right side. He has a broken toe on his left side, therefore standing on one foot without consuming anything in a gravel area is impossible for him at any time. The other test was follow the light and not move your head. He moved his head after the light went too far out of his range of vision.
Also the Bee Caves Police did this arrest nearly 2 miles outside of their jurisdiction.
They then had told me I had to get someone to come and get me or they were arresting me. I had contacted my son and the officer told him he could come and get me. My son told him it would be about 15 mintues. During that time the officer continued to harrass me. I am sure he was hoping to get me for PI since he had already called the tow truck. The vehicle is in my name not my husband's and therefore they would have had to let my son drive it home.
I do have numerous medical conditions in which
They told me here that time served was it or maybe some fine. But they
NEVER read me my legal rights. They never did a sobriety test. They didn't
allow me a phone call for over 4.5 hours. They refused to give me water of
my medication of phenobarbital for the severe grand mal seizures I have. I
did tell them I may try to hurt myself as I do have several mental disorders. But shouldn't I have been
sent to a mental facility and placed under observation, instead of being
treated like an animal. This has only made my PTSD and GAD much much worse.
I am now scared to death to get into a vehical in fear I could once again
land in jail, with large cuts on my wrests from the handcuffs.
Please let me know if you know if you can
help with both cases and what your fees would be. I want both of these removed on technicalitiesg. I want this PI removed from my record. In fact I want the photos and
fingerprints destroyed. I did nothing wrong other than having a diagnosed
mental disorder. Don't mentally ill persons have any rights? As far my husband he refused the breath test. And again the field test only consisted of two tests. Hardly a way to assess if he was legally intoxicated or not. Somehow it looks as though I may be in more trouble than he will be. I was never given any field test.
Please let us know what your history is for getting people off or at the very least with little time. We already have names of several attorneys who have gotten people dismissed down to wreckless driving or whatever with no probation. Just AA meetings and alcohol classes.
Respectfully,
Gwen Watson
I was stopped for a DUI. The officer insisted I give a bllod test and not a breathe test. I refused the blood test but offered to give a breathe test because I do not drink. At the ALP hearing the DIC 24 was missing and the officer did not state in his incident report that I refused the blood test and whether or not I signed the DIC 24. It was ruled that my license was to suspended. My lawyer said we could appeal the decision and feels we could win because of the missing DIC 24 and there is nothing in the officer's incedint report that I refused the blood test or was given or not given the DIC 24.
I am wanting a second opion. My question is whether or not I could win the appeal because of the missing DIC 24 since there ae no statements that is was ever read or signed or refused to sign by me.
I was stopped for a DUI. The officer insisted I give a bllod test and not a breathe test. I refused the blood test but offered to give a breathe test because I do not drink. At the ALP hearing the DIC 24 was missing and the officer did not state in his incident report that I refused the blood test and whether or not I signed the DIC 24. It was ruled that my license was to suspended. My lawyer said we could appeal the decision and feels we could win because of the missing DIC 24 and there is nothing in the officer's incedint report that I refused the blood test or was given or not given the DIC 24.
I am wanting a second opion. My question is whether or not I could win the appeal because of the missing DIC 24 since there ae no statements that is was ever read or signed or refused to sign by me.