R-840
October 17, 1947
Hon. R. L. ~ZhitehGad, Opinion No. V-408
Criminal District Attorney,
Gregg County, Re: Construction of H.B.
Longview, Texas 120, 50th Leg., with
respect to authority
of a court to enter
a judgment assessing
a Pine for drunken
driving but probating
the suspension of
driver ‘9 license.
Dear Sir:
You request our opinion upon the above sub-
ject matter, in connection with which you advise as fol-
lows:
*An individual is convicted of drunken
dri.ving and ‘asse’ssed a fine of $75 .OO and
costs, oan the Court under the provisions
of Housebill No. 120 called the Adult Parole
and Probation Law, fo\in8 on Page 1050 of the
Vernon’s Texas Session Law Servioe effective
September 6, 1947, enter a judgment causing
the fine to be paid but probating the suspen-
sion of the driver’s license as provided for
in Artiole 6687-B,,found fn Sec. 24, sub-
paragraph 19, Vernon’s Texas Civil Statutes.”
Houee BillNo. 120 of’ the 50th Legislature,
p. 1049, oommonly known as’ the Adult Probation and Pe-
role Law, wherein it deals with probation and parole of
one convicted of an offense, does not apply to the sus-
pension of a driver’s license a8 provided for in Arti-
ole 6687-b of Vernon’s Civil Statutes. It is concerned
wholly with the infliction of the punishment imposed up-
on one by conviction of an offense, and has nothin to
do with suspending or superseding orders of the kind
mentioned by you. Under that Act it is the
on ‘probat ion or parole. Further, thi; Adult
Law specifically deals with persons who -would otherwise
be imprisoned, and it is the imprisonment which is SUS-
pended. Prom this it follows your question should be
answered in the negative.
Hon. R. L. Whitehead - Page 2 iV- k,d )
House Bill No. 120 of the 50th Legisla-
ture confers no authority on the Court upon
a oonviction of one for any of the offenses
defined by Section 24 of Article 6687b, Ver-
non’s Civil Statutes, to *probate” the auto-
matia euepenaion of the driverpa license
provided for in the latter article.
Yours very truly,
ATTORNEY
GENERALOF TEXAS
BY
O&et& I
OS:wb Assistant
APPROVED
:
ATTORKEY
GEUERAL