By: Beltz Law Firm
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Establishing The “Essential Need” For An Occupational Driver License In Texas
Occupational Driver License Attorney
The most basic element that must be proven in order to have an occupational driver license granted in Texas is an essential need. In fact, other than providing the court with proof of SR-22 Insurance, it is the only requirement. This article intends to outline what an essential need is and how to establish that need for the court to evaluate your occupational driver license request. If you would like to discuss your driver license suspension with our occupational driver license attorneys after reading this article, feel free to contact our office at 214-321-4105.
The Essential Need Requirement In Texas Law
Essential need has a legal definition under the law in Texas. It is important that you and your lawyer understand the definition clearly so as to draft the proper request to submit to the judge that will hear your occupational driver license request. The definition and Transportation Code Section are listed below as follows:
Sec. 521.241. DEFINITIONS. In this subchapter: (1) “Essential need” means a need of a person for the operation of a motor vehicle: (A) in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person’s occupation or trade; (B) for transportation to and from an educational facility in which the person is enrolled; or (C) in the performance of essential household duties.
Breaking down the definition shows that it is best to list two separate reasons in the petition. First, is there an educational or employment need for the occupational driver license? If so, list it in detail. We include the position held by the client and what job responsibilities that position requires. For school requests, we include the major and year of the person attending college as well as the school schedule. Second, the language of the statute allows an alternative to school or work as a reason for obtaining an occupational driver license. This reason is in the performance of essential household duties. So if the license is not necessary for school or work, is it necessary to pick the kids up from school or to perform other household duties? If so, our occupational driver license lawyers list that as a reason in the request. You don’t want to miss an opportunity to expand on the essential need requirement as it is must be proven before an occupational driver license can be obtained. Specifically, the requires the judge to determine the following:
Sec. 521.244. HEARING; ORDER; DETERMINATION OF ESSENTIAL NEED.
(a) The judge who hears the petition shall sign an order finding whether an essential need exists. (b) In determining whether an essential need exists, the judge shall consider: (1) the petitioner’s driving record; and (2) any evidence presented by a person under Section 521.243(b). (c) If the judge finds that there is an essential need, the judge also, as part of the order, shall: (1) determine the actual need of the petitioner to operate a motor vehicle; and (2) require the petitioner to provide evidence of financial responsibility in accordance with Chapter 601.
The importance of this standard required to be adhered to by judges across the State of Texas cannot be understated. You must be able to meet this burden before any occupational driver license can be issued.
Hire A Lawyer For An Occupational Driver License
We always suggest you take the time to consult a legal professional when your license is at stake. It is too important not to get the job done right. There are so many things we need a driver license for that to put that at risk can have a serious impact on a person’s life. If you would like to discuss an occupational driver license with our attorneys, call us today at 214-321-4105.