Occupational License Individuals may be eligible to apply for an occupational license while their driver license is suspended or revoked. Various alcohol and drug-related driving offenses will result in a hard suspension. It can be an essential element of a busy life. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Driving without the court order is classified as a Class B misdemeanor in Texas.
He is familiar with the rules and regulations and can streamline the process for you so that you can get back your license to drive. When the time comes to renew the license, or when another police officer checks the driving record, voila! Another word of caution: Some insurance companies take a dim view of suspended licenses, especially if due to a driving offense such as driving while intoxicated. Additionally, by administrative rule, some departmental suspensions that by law could be heard in the county civil courts at law are instead heard by criminal judges, such as a breath test failure or refusal suspensions. The driver then, without counsel, pays one of more of the violations. Submit a petition to the court identifying the reasons you lost your driving privileges and defining your need. However, whatever the court orders as condition of an occupational license must be complied with.
You cannot receive an occupational license to drive a commercial motor vehicle in the State of Texas. Some courts require that you file a letter from your employer, if you are employed. You can also hire a lawyer to review your forms before you file them with the court. If a waiver of the four hour operating period is requested, be specific as to the reason the waiver is necessary. Sometimes, an occupational license is the only way the licensee can work in order to pay off the claim. A hearing will then be held in front of the Judge who will determine whether or not to grant an occupational license.
To request a hearing to obtain an Occupational Driver's License, the Plaintiff must file a with the Court. Applicants setting an occupational license on the submission docket may visit the County Clerk's Office to obtain a certified copy of the order. The court order is not the occupational license. Failure to attend counseling as ordered will result in the revocation of the occupational license. A in creative writing and enjoys writing legal blogs and articles. More tickets leading to a suspension means more Reinstatement Fees.
A petition for an occupational license can be rejected for many reasons. If your insurance company does not know you have a problem, and we can get what you need from another source, perhaps for less money, you are usually well served. He always kept me informed about All communications he had with outside attorneys. You can hire us to handle this for you by calling 888 239-9305 or by. Assuming all goes well, you will get your license in the mail in three to four weeks. Use these forms if options 2 and 3 do not apply to you.
Mandatory Waiting Periods There are certain mandatory waiting periods that apply to obtaining an occupational drivers license for Houston. The ignition interlock device will also prompt you to provide a sample at various random points during your drive, and failing to provide a breath sample or providing one that tests positive for any alcohol content will cause your engine to stop. If the Justice of the Peace, county or district court determines the individual is eligible to apply for an occupational license, then a court order will be issued. Certain types of suspensions require different remedies and documents to obtain an Occupational License. License suspensions are either by the Texas Department of Public Safety, or by a court. While this is wrong and an abuse of judicial discretion, it is difficult to overcome due to the cost of an appeal. Other fees may apply in your specific case, contact us for details.
How Do You Show Essential Need? The first step in the occupational license process is to get a judge to sign an order granting the occupational license. After a hearing, the judge will determine whether or not to grant an occupational license. Your first application must be to the court. Those with two or more license revocations on file will be required to wait a full year before being granted an occupational license. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Be sure you stick to the places and times you listed on your petition.
Contact your local court to make sure you have the correct papers. Steps to Applying for an Occupational License 1. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. Driving at times or to places other than those listed is also a Class B misdemeanor. You'll have to wait a full year if you have had two or more convictions within the past five years. Here you will learn what you need to know to file for and obtain a Texas occupational license.
For example, an occupational license may be the only remedy because your suspension has a definite end date and cannot be removed until it expires. He is familiar with the rules and regulations and can streamline the process for you so that you can get back your license to drive. It does not allow for the operation of commercial vehicles. Does an occupational license allow you to drive a commercial motor vehicle? Violating any of these conditions is prosecuted as a Class B misdemeanor, which will almost certainly result in the revocation of your occupational license and may be punishable by an additional 60 days in jail. How Do I Obtain an Occupational License? Use the order designed to accompany the affidavit for example if you use the affidavit under 1, use the order under 1 too.
The usual first offense for driving while license suspended is a Class C ticket, unless you cannot show current insurance or your suspension arises out of a criminal case. Thanks Korey for all your hard work and fighting for your client! Sometimes, a driver's license is part of the glue holding your world or your family together. Most suspensions have their genesis from unpaid surcharges, either knowingly or unknowingly. Until your occupational license has been issued you will get a charge of driving with a suspended license if you are stopped by the police. It is important not to drive when your license has been suspended; compliance involves such actions as learning walking distances and bus schedules and hiring taxi services.