Occupational Driver License Attorney
Many times, after being hired to help a person with an occupational driver license request, we are asked whether or not our clients will have to attend a hearing to have the occupational driver license request approved? This is an important question to know the answer to so the client will know whether or not they will have to miss a day of work or procure child care while they attend a hearing to have an occupational driver license request considered by a judge. This article helps those that are considering filing for an occupational driver license understand the hearings process and whether or not it is necessary for their case.
Statutory Authority For Not Having A Hearing
Our occupational driver license attorneys just think it is good practice to always point out to a judge that hearings are not necessary for most occupational driver license requests. In fact, the laws encourage not having hearings in a variety of ways. It is important to advocate on behalf of your client that a hearing is not necessary so that they can continue to work, take care of children or attend school as needed while you care to their legal needs. For this reason, our petitions point out the highlights in the statutes that encourage hearings to be “ex parte.” Some of the statutes that help bolster this argument are listed below. We highly recommend using these statutes in the language of your petitions to encourage your particular judge to not require a hearing.
Not a Contested Matter – No Need For A Hearing
-
Where to File for an Occupational Driver License in Rockwall
Section 521.243 of the Transportation Code: Addresses when a prosecutor should be served with notice of an occupational driver license request and when the judge “may” notify them of the request. This section of the code specifically states that unless the offense was related to a DWI, criminally negligent homicide, or minor driving under the influence, then the prosecutor doesn’t even need to know about the filing. In all other cases, the legislature is telling the judge that they can notify the prosecutor for the state, but it isn’t necessary.
- Section 521.244 of the Transportation Code: Discusses the requirement of establishing an essential need of the occupational driver license petitioner. Again, the statute points out that unless the suspension was due to a DWI, criminally negligent homicide or minor driving under the influence, then a hearing is not necessary. The most important language in the statute is in part (a-1) where it states the following:
- If the petitioner’s license was suspended, revoked, or canceled for a reason other than a reason described by Subsection (a), the judge may hold a hearing on the petition or may make a determination of essential need based on the petition.
What does this sentence mean? It basically means that a judge can read the petition. If they are satisfied with the statement of facts given in the petition, then they can grant the petition without anything more. Attorneys refer to these types of requests for relief as, “by submission.” So if you are calling the court and asking if they will accept your petition without hearing, you can simply ask if the judge allows occupational license requests “by submission” or if a hearing is necessary?
Appropriately Requesting Occupational Driver Licenses by Submission
Lawyer For Occupational Driver License
Every attorney should have language from the above two statutes in their occupational driver license petitions to save both time and expense of the client. There is absolutely no reason for a hearing unless the the suspension was based upon a criminal charge that requires a hearing. If your attorney is not trying to save you time and money, then what do you have them for in the first place? Having said that, there are some courts that will still require a hearing even though one is not necessary. It is crucial that your lawyer explains to you the reason why a hearing is necessary in some courts and approximately how long you will have to prepare for that hearing. This is important so you can take off work, school, etc. to attend. In most cases, a hearing is only necessary if a judge has a preference for it. For example, the only county now doing hearing based occupational driver license requests at the time of writing this article in North Texas is Rockwall County. Hopefully as time passes, we can change many of the judges’ minds to allow petitions to be filed by submission. Only time will tell.
