Texas Transportation Code

§ 724.048 — RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO CRIMINAL PROCEEDING

TN § 724.048Title 7. VEHICLES AND TRAFFIC · Part J. MISCELLANEOUS PROVISIONS · Ch. 724. IMPLIED CONSENT · Art. D. HEARING

Statute text

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(a)The determination of the department or administrative law judge:

(1)is a civil matter;

(2)is independent of and is not an estoppel as to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension or denial; and

(3)does not preclude litigation of the same or similar facts in a criminal prosecution.

(b)Except as provided by Subsection (c), the disposition of a criminal charge does not affect a license suspension or denial under this chapter and is not an estoppel as to any matter in issue in a suspension or denial proceeding under this chapter.

(c)If a criminal charge arising from the same arrest as a suspension under this chapter results in an acquittal, the suspension under this chapter may not be imposed. If a suspension under this chapter has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the individual.

Legislative history

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 36, eff. Sept. 1, 1997.