There are a variety of reasons why the Texas Department of Public Safety can notify a person that their driving privileges are going to be suspended. One of the most common reasons for a driver license suspension in Texas is due an automobile accident. These types of suspension actions are referred to as crash suspensions. This article is intended to help those that have been issued a notice of suspension of their driving privileges due to a car crash. If you would like the assistance of an attorney after reading this article, feel free to contact our office at 214-321-4105.
What is Required To Suspend A Person’s License For A Car Crash?
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The main requirement of course is that there was a reported accident. Next, a determination must have been made that you were the responsible party for the accident. Once this has been established there has to be an allegation that you did not possess automobile insurance that would have covered the car accident. Finally, the accident had to have caused at least $1,000.00 in damages. If all of these elements can be proven by a preponderance of the evidence, then a person’s license can be suspended by DPS.
How Does A Person Get Notified of the Crash Suspension?
DPS is required to send a notification by mail to a person alleged to be involved in a car crash without insurance. The notification only has to go to last known address on file with DPS. Typically, this is the address on the driver license or identification of the driver. If that address is no longer correct, it doesn’t matter. The law states that it is the responsibility of the person with the ID or driver license to keep the address current.
What To Do When You Get A Notice of Suspension
Once you get a notice of suspension, you have 20 days to respond. If you do not respond within 20 days your license could be suspended indefinitely. It is important to object to the suspension as quickly as possible after receiving the mailed notice. Once you object to the suspension of your driver license, DPS is required to give you a hearing in front of the local justice of the peace where you reside. This hearing is to determine if DPS has enough evidence to establish that you were in a car wreck and did not have insurance to cover the damages caused by the accident.
What To Do If Your License Is Suspended
If you license is suspended due to a crash suspension, then you will have limited options to get your license back. Most people cannot afford to pay the amount of the alleged damages in the suspension action. However, this is one of the options. The next option is to obtain an occupational driver license during the suspension period. This option allows you to drive legally while the suspension is in place. If a lawsuit is not filed within 2 years of the suspension action being filed with DPS, then you can file an SR-60 form that will remove the suspension after 2 years has passed.
Hire an Attorney For Your Driver License Suspension
If you need the assistance of an attorney to protect your driving privileges in Texas, then we suggest giving our office a call. Our experienced driver license suspension defense lawyers can come up with a defense to protect your driving privileges or help you obtain an occupational driver license when a suspension occurs.
