July 17, 1990


TO: All Clerks of Court
All Magistrates
All Municipal Judges
All Circuit Court Judges
FROM: George A. Markert, Assistant Director
RE: Forfeiture of Driver's Licenses

Effective January 1, 1989, Act No. 532 of 1988 amends the Code of Laws by adding Section 56-1-365. The amendment provides that anyone forfeiting bail, being convicted of, or pleading guilty or nolo contendere to an offense for which his driver's license will be revoked or suspended must immediately surrender the license to the court. Failure to produce the license immediately upon conviction is punishable by a fine not to exceed two hundred ($200) dollars.

Highway Department personnel may collect any forfeited driver's license and other documents from the court. However, should the Highway Department not collect a license, you must transmit the license to the Highway Department's headquarters within five (5) days. In addition to the driver's license, you must transmit a copy of the charging paper, either an uniform traffic ticket or arrest warrant. Do not transmit any original court documents. The Department also requests that a separate transmittal form be completed for each jurisdiction such as the Highway Patrol, Sheriff's Department, or municipal police.

The Highway Department requests that the pink and yellow copies accompany the driver's license when the charging paper is an uniform traffic ticket. If the court does not receive the pink and yellow copies within the five (5) day period for transmitting the license and documentation, you should provide the Highway Department with a photostatic copy of the "trial officer's copy" of the ticket. However, conviction of certain ABC offenses now requires driver license suspension or forfeiture, so you will need to transmit orange copies of the ABC summons along with the driver licenses and the transmittal form.

Failure to forward a driver's license and copy of the charging paper to the Highway Department within five (5) days of receipt is punishable by a fine not to exceed five hundred ($500) dollars.

Act. No. 532 of 1977 required clerks of court, magistrates and municipal judges to forward driver licenses that have been revoked or suspended to the Highway Department. Act Nos. 602 and 604 of 1990 substantially revised the list of offenses for which driver licenses may be revoked or suspended. In addition, the acts provide that the court must order the Department of Highways not to issue driver licenses to those persons convicted of drug offenses, if they don't have driver licenses at the time of conviction.