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13 <br /> Appendix C: DWLR Procedures <br /> This proposal integrates treatment of Driving While License Revoked (DWLR) charges into the new <br /> Responses to Non-Appearances policy for Criminal District Court. <br /> Current policy addresses non-appearances on DWLR charges under the 20-day Failure to Appear system, <br /> in which the Clerk of Court sends notice to the Department of Motor Vehicles (DMV) 20 days after the <br /> non-appearance.The DMV then sends notice to the defendant, 60 days after which the defendant's <br /> license will be suspended if the matter is not resolved. Under the current policy, an OFA is not issued for <br /> a DWLR charge. <br /> Integration into the new Responses to Non-Appearance policy will create a better mechanism to <br /> encourage defendants charged with DWLR to appear in court to resolve the matter, which in turn will <br /> help to avoid the accumulation of driver's license consequences.This policy does not modify treatment <br /> of any other Chapter 20 charge; other Chapter 20 charges which currently fall under the 20-day Failure <br /> to Appear system will continue to do so. <br /> Under the Responses to Non-Appearance policy the following steps will result from a non-appearance <br /> on a DWLR: <br /> 1. Defendant has first non-appearance for DWLR charge. <br /> 2. Judge re-sets court date with notice sent to defendant& counsel (if represented). Notice <br /> includes Restoration Legal Counsel Information as well as educational information about <br /> missed court dates. <br /> 3. If Defendant misses the new court date, an Order for Arrest (OFA) is issued with a Written <br /> Promise to Appear(WPA).When arrested, Defendant will be taken to Magistrate for a <br /> review of the release conditions and receive a new court date. Magistrate will provide <br /> Defendant with Restoration Legal Counsel information. <br /> 4. If Defendant has a third non-appearances, then an OFA and cash bond issues. <br /> Under this system, Defendants still will be able to make use of the Strike Order Hearing system if an OFA <br /> is issued for a second or subsequent missed court date. <br /> In both the notice of new court date letter and appearance before the magistrate, information will be <br /> provided about Orange County Restoration Legal Services, which is available to assist in getting <br /> defendants information about their driving records and helping to restore their driver's licenses.The <br /> following information also will be provided in the notice of new court date letters to educate on the <br /> financial and license consequences of missed court appearances: <br /> • If you are charged with Driving While License Revoked-Not Impaired and go to your court date, <br /> then your license will NOT be suspended further if you are found guilty of or plead guilty to this <br /> charge. <br /> • If you are worried about being able to pay court costs and fines if you are found guilty of or <br /> plead guilty to this charge, contact Restoration Legal Counsel for assistance. <br /> • If you miss your court date a second time,the clerk will enter a Failure to Appear on your <br /> record.This will add a $200 fine to the amount you will owe to the court if you are found guilty <br /> of or plead guilty to this charge. If you cannot pay that $200 fine, an additional suspension could <br /> be placed on your license. <br /> • If you miss your court date a second time,the DMV will receive notice of this miss and will <br /> contact you. 60 days after they contact you, an additional suspension will be added to your <br /> 10 <br />