Driving While Impaired
KELLY SIMMONS
LOUISIANA OFFICE OF MOTOR VEHICLES
PUBLIC SAFETY SERVICES
DEPARTMENT OF PUBLIC SAFETY
Topics of discussion
894 Processing
984 Processing
Pre trial diversion
CCRP 894
OMV should receive records
three separate times when an
individual is sentenced under
the provisions of CCRP 894.
894 Processing
Upon the plea.
 Upon OMV receiving an indication that an individual
enters a plea OR is sentenced under the provisions of
CCRP 894 the individual will be sent notification and
the license will be suspended until all requirements
are met and the charges are dismissed under the
provisions.
894 Processing continued
 At the time that the individual petitions the
court to set aside and dismiss. (Commonly referred
to as the packet)
The following documents and information must be submitted :
 Certified copies of the record of plea;
 has to indicate “894”
 Certified copy of the defendant's fingerprints, Boykin rights
(Code of Criminal Procedure Article 556.1) which shall include
the defendant's date of birth, social security number, and
driver's license number
 $50 Money Order made payable to the Office of Motor
Vehicles (storage and retrieval fee)
 Transmittal form HB 284 required 08/01/15 per ACT 200.
894 PROCESSING CONTINUED
 Upon receipt of the packet, OMV will generate a
letter indicating that we have stored the information.
 This letter should be received by the court prior to
the charges being dismissed.
 You may also receive a letter that states we have
stored the documents however there is another 894
on the record. It is your choice at that point what you
do with that letter.
894 PROCESSING CONTINUED
Upon final disposition.
 This will update the driving record to reflect the
dismissal.
 If applicable the provisions of RS 32:667 H (1) will be
invoked.
RS 32:667 H (1) (ACT 605)
 When will the provisions of RS 32:667 H (1) not be invoked?
 It will not be applied to a suspension for refusing the chemical
testing when the customer has a previous alcohol related offense.
 It may not be applied to a suspension that requires the customer to
have an ignition interlock as a condition of reinstatement until they
submit proof to the department that they have installed the
interlock.
 The provisions of ACT 605 may be applied to the suspension of
driving privileges of a commercial drivers license holder, however
shall not be applied to the disqualification of driving privileges.
 More information concerning disqualifications will be covered in
the next presentation.
894 Request for records
 OMV serves as the repository for these records when
in conjunction with any plea for OWI.
 Who can get copies?
 Any Court, prosecuting agency or the defendant.
How do you get copies?
 Written request may be submitted to the department
via mail, fax or hand delivery.
Questions??????
CCRP 984 Expungements
The following documents and information must be submitted to
OMV:
 Certified copies of the record of plea of guilty or nolo
contendere on DWI offenses;
 Original or Certified copy of the fingerprints.
 Proof of the requirements as set forth in code of criminal
procedure Article 556 misdemeanors and Article 556.1 for
felonies which shall identify the defendant by date of birth,
social security number, and the driver’s license number.
Documents defendant was advised of his rights and waived
those rights.
 $50 Money Order made payable to the Office of Motor
Vehicles for storage and retrieval
 Transmittal form HB 284 required 08/01/15 per ACT 200
CERTIFIED STORAGE LETTER 984
 Upon receipt of the required documents/information
OMV will generate a certified letter stating that we
have received and stored the information.
 This letter is required when submitting the file to
State Police on expungements filed on or after
August 1, 2014.
984 Request for record
 OMV serves as the repository for these records when in conjunction
with OWI.
 Who can get copies?
 A members of law enforcement or criminal justice agency, or
prosecutor.
How do they get copies?
 They shall request that information in writing, certifying that the
request is for the purpose of investigating, prosecuting, or enforcing
criminal law, for the purpose of any other statutorily defined law
enforcement or administrative duties, or for the purposes of the
requirements of sex offender registration and notification pursuant
to the provisions of R.S. 15:540 et seq.
Tips/reminders
 This applies to expungements filed on or after 08/1/14.
 The necessity of the letter only applies to a person
convicted of DWI.
 The $50 payment required for CCRP 984 is not the same
$50 payment required for CCRP 894.
 HB 284 will supply the courts with the transmittal sheet
required for both CCRP 894 and CCRP 984. This will
hopefully alleviate some of the confusion. It will also
allow the court to supply the CCRP 894 letter in lieu of
sending the fingerprints, plea etc… twice.
FLOW CHART FOR 984 (EXPUNGEMENT)
Expungement-984
packet is mailed from
the court to OMV.
OMV will send the packet back to the
court with an indication of why the
document is not acceptable.
Mail/scanning department opens all mail and
directs to the appropriate office. (984 packets are
sent the Impaired Driver Withdrawal Unit)
IF
NOT
An analyst in the Impaired Driver Unit checks to
insure that all required documents were received..
IF YES
Analyst creates the certified letter that is sent to the
court stating that the documents have been
received and stored. They will also update/flag the
driving history with this information.
OMV sends packet to the scanning department to
have the documents scanned and stored into our
Content Manager database.
Certified copies of 984 may be released
to the following: member of law
enforcement or criminal justice
agency, or prosecutor when requested
under the provisions of Article 973.
If a request is received, OMV will retrieve
the documents from our Content
Manager database and provide certified
copies.
Questions??????
Pretrial programs
Pre trial programs
 The pretrial diversion / intervention programs vary
greatly from one parish to another but require strict
compliance with the requirements and usually
include payment of program fees to participate,
counseling, mandatory class attendance, community
service, and probation, and may also require
additional drug and alcohol testing, and any other
requirements set by the individual jurisdictional
programs. Pretrial program must be completed in its
entirety before it can be applied to the conviction..
Reporting convictions
 R.S. 32:393 C (b)(i) and (ii) requires the court to
report all convictions to OMV, within 30 days for
class D and E drivers and within 10 days for CDL or
CLP class drivers.
 This includes dispositions of 894, 893, 892.1, and
pretrial programs.
 The participation in these programs for commercial
drivers/holder will also be considered masking and
require the driver to be disqualified
Discussion/questions???
Contact Info
Kelly Simmons
Office of Motor Vehicles/225.925.6146
Department of Public Safety and Corrections,
Public Safety Services
Kelly.Simmons@la.gov
225.922.2870 (non-public)
www.expresslane.org