READING A DRIVING RECORD Presented by: Deborah Dobson Marion County Tax Collector’s Office Objectives • Identify the different types of driving records. • Identify the different parts of a driving record. • Identify the order of the entries on a driving record. • Identify violations that support sanctions using connectors. • Identify action dates using batch numbers. Types of Records • 3 Year Record – Non-Certified or Certified (not currently available in FDLIS) – Blocked or Unblocked • 7 year Record – Non-Certified or Certified – Blocked or Unblocked • Complete Record – Non-Certified or Certified – Blocked or Unblocked 3 year and 7 year Driving Records • 3 year record - most common for insurance companies and employment - Uncertified only • 3 and 7 year records do not include violations that resulted in adjudication withheld • 7 year records can be certified – Tax Collector raised seal must be placed over the director’s pre-printed signature Complete driver record • Contains information pertaining to a customer’s entire driving record, excluding any items that meet the purge criteria • Complete records include violations resulting in adjudication withheld Transcript reprints must be completed the same day High volume requests www.flhsmv.gov/ddl/abstract.html Blocked Unblocked 119.0712 (2) Executive branch agency-specific exemptions from inspection or copying of public records.— • • • • 2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.— (a)For purposes of this subsection, the term “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles. (b)Personal information, including highly restricted personal information as defined in 18 U.S.C. s. 2725, contained in a motor vehicle record is confidential pursuant to the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Such information may be released only as authorized by that act; however, information received pursuant to that act may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. (c)1. Emergency contact information contained in a motor vehicle record is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. • • 2. Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to law enforcement agencies for purposes of contacting those listed in the event of an emergency. (d) The department may adopt rules to carry out the purposes of this subsection and the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted by the department may provide for the payment of applicable fees and, prior to the disclosure of personal information pursuant to this subsection or the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq., may require the meeting of conditions by the requesting person for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, assurance that the use will be only as authorized or that the consent of the person who is the subject of the personal information has been obtained. Such conditions may include, but need not be limited to, the making and filing of a written application in such form and containing such information and certification requirements as the department requires. Driver Privacy Protection Act (DPPA) Under state law, motor vehicle, driver license, and vehicular crash records are subject to public disclosure. The Driver Privacy Protection Act, 18 United States Code, Sections 2721-2725 (DPPA) keeps your personal information private by limiting who has access to the information. The department automatically blocks personal information on your motor vehicle and driver license records. DPPA What kind of personal information does DPPA cover? What does DPPA not cover? • • As defined in 18 United States Code, Section 2175: personal information protected under DPPA does not include "vehicular crashes, driving violations, and driver's status." DPPA is designed to limit public access to your social security number, driver license or identification card number, name, address, telephone number, medical or disability information, and emergency contact information contained in your motor vehicle and driver license. Can I request personal information on my motor vehicle and driver license records be disclosed? Yes, you can print Request For Disclosure of Personal Information Form ( HSMV 96104 ), write in the required information, and mail the form to the department. This will unblock your personal information and allow anyone requesting motor vehicle, driver license, and vehicular crash records to obtain your personal information. To subsequently request to re-block your personal information, you can print a Request To Withhold Personal Information Form ( HSMV 96018) , write in the required information, and mail the form to the department. This will again block your personal information. These forms are on our website at: http://www.flhsmv.gov/ddl/DPPAInfo.html Personal Information Basic Record Information • Personal Information – – – – – Name Address Social Security Number Driver License Number Date of Birth (personal but not part of DPPA) • Driver License/Exam & other Information – – – – License type, issue and expiration dates Exams passed Driver Ed completion date Height, Race, Sex Entry Order of Record History Information • • • • • • • • • • • Temporary Permits Receipt Only Transactions Identification Card Issuances Correspondence Entries Driver School Completions Crash Entries, when citation is issued Convictions of Violations Revocations Disqualifications Suspensions Financial Responsibility Suspensions Date of crash, offense, or effective date of sanction Date of conviction Reinstatement Date County or State City Type of Court Ex (County) Type of Action (crash, conviction, suspension, revocation, or cancellation) Description of action (example: conviction reason - Unlawful Speed) Representation C- Represented by counsel W - Counsel waived Citation Codes C - indicates citation issued Crash Codes A - indicates Crash Dispositions Codes • • • • • 1 - Guilty 2 - Estreature These deal with oos citations 3 - Forfeiture 4 - Adjudicated Delinquent 5 - Adjudication Withheld The above disposition codes are listed under “Disp” on public records or “DP” on department records. What are the different types of dispositions? • Guilty – convicted of a ticket or having admitted guilt. • Estreature – when a person has posted bond to guarantee an appearance in court, then does not appear. • Forfeiture – when the person who posted bond doesn’t show up for court and forfeits the right to contest the ticket. • Adjudicated Delinquent – when juvenile is found to have committed an offense that, if committed by an adult, would be a criminal offense. • Adjudication Withheld- Clerk of Court – when eligible person elects, completes and provides proof of driver school completion to the court, in lieu of conviction (points), and when person who enters a plea of nolo contendere, and provides proof of compliance to the court, in lieu of conviction. • Adjudication Withheld – when the judge or traffic magistrate withholds adjudication of guilt. Disposition Codes 1- Guilty 5 - Adjudication Withheld Action Codes D - Department Action C - Court Action Ticket Number or Court Docket Citation Numbers Pay close attention to citation numbers. They help to link DUI administrative suspensions, convictions and revocations. Remember one $130 Administrative fee per event. Citation Numbers are the same • Citations with a ticket number of “0000” were transferred to the Florida record from another state’s driving record, in accordance with the Driver License Compact. ON THE “DL HISTORY INQUIRY PAGE” This indicates how many times a customer has attended BASIC DRIVER IMPROVEMENT in a lifetime. Law Changed as of July 1, 2010 5 TIMES IN A LIFETIME Issuance Batch Numbers 012804K02 - Means this duplicate was issued on January 28, 2004 at office number K02 Reading Batch Numbers for Driver History Entries • Basically all batch numbers contain the same information: The year the entry was added to the record, the day of the year(Julian date), and the coder ID number of who/what added the information. • For example: “93242126” means that the entry was added in 1993 on the 242nd day of the year by coder number 126. More on Batch Numbers • Not all batch numbers look the same, but they break down basically the same way. – For example: “4096LA” means the entry was added in 1994 on the 96th day of the year by coder LA. – “99160B50” means the entry was added in 1999 on the 160th day of the year by office B50. Retention period for driver history record entries • Guilty Convictions Approximately 10 years • Adjudication w/held COC Indefinite • Adjudication w/held Judge Indefinite • Suspensions & Revocations (from reinstatement date) 7 to 11 years • Alcohol Related Entries 75 years • Serious CDL Violations 55 years • Cleared D6 Suspensions (from reinstatement date) 3 years Driving Record Errors Citation posted incorrectly or does not belong to the customer • Contact the court jurisdiction where the citation was issued for them to clarify and send a correction DUBAL or Refusal discrepancies • Contact BAR Questions?