Driver License Suspensions In Texas
Occupational Driver License Attorney
Driver license suspensions are a common issue for many Texans. The problem with the suspension is that many of them could be avoided if they were objected to and a hearing was requested. The purpose of this article is to help those that are facing a driver license suspension understand that there are options available to you that can save your driver license from a suspension. If you would like to talk with our attorneys about your particular suspension issue, we would be glad to help. Call our driver license suspension lawyers today at 214-321-4105.
How Is A Driver License Suspended in Texas?
The most common way a driver license is suspended in Texas is due to traffic related convictions on a person’s driving record. These convictions are usually due to payment of fines related to traffic tickets. Once a fine is paid to a court, the court will then report the violation as a conviction on that person’s record. The key is understanding that you cannot simply go pay off your old tickets without causing great harm to your record. If you have old tickets that need to be resolved, take the time to contact an attorney to discuss how to protect your record by filing an appearance bond and setting a hearing for the cases. Once your tickets are set for hearing, the attorney can then negotiate a deal to protect your record so you can pay the tickets off without damaging your driving record.
Some of the most common reasons for driver license suspensions in Texas are as follows:
- DEPT SUSPENSION – HABITUAL VIOLATOR: Individual is considered a habitual violator if they have been convicted of 4 moving violations that arise in separate incidents in a 12 month period or 7 within a 24 month period. If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year. TRC 521.292 (a)(3) & (9)(b); 521.313; 521.293
- DEPT SUSPENSION – OUT OF STATE CONVICTION: The department receives notice of a conviction and suspension notice from another state. If no hearing is requested, there is
an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year. TRC 521.294(a)(5); 521.312(c); 521.313; 521.293 - DEPT SUSPENSION – DWLI: Individual receives a citation for a moving violation while driving with a suspended, cancelled, revoked, or denied license. The license will be suspended by he department for driving while license was invalid. If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year. TRC 521.292(a)(1); 521.293
- DEPT SUSPENSIONDWLD/DWLI: If an individual receives a conviction for DWLD and it is determined that they operated a commercial motor vehicle on a highway while the license or driving privilege was suspended, cancelled, disqualified, revoked or denied. If no hearing is requested License suspension is 1 year. If a hearing is held and there is an affirmative finding, the presiding officer may set the period of suspension not to exceed 1 year. TRC 521.292(a)(1), 521.293
How To Properly Object To Your License Suspension In Texas
Lawyer For Suspended License
It is important to note that DPS will send the notice of suspension to your last known address on file with them. This is all they are required to do by law. If your address on your license is different than your current address and they send the notice to another address because of that, it will not be a valid reason to object to the suspension. However, if you are arrested and charged with a class “b” misdemeanor driving while license invalid, this may be enough to fight that specific charge.
If your address was correct and your received the notice, then you must object to the suspension by contacting DPS and putting them on notice of that objection. The easiest way to object is by doing it online. To object to your driver license being suspended in Texas click the link below:
Once you have filled out the online form, DPS will then schedule a hearing for you to attend at the justice of the peace court for the precinct where you reside. The judge will then make a determination as to whether or not your license should be suspended.
How To Prepare For Your Driver License Suspension Hearing
First you must be able to show the judge that your license is currently eligible. This means that you are not under an active suspension and any reinstatement fees that were owed have been paid in full. To determine if your license is currently eligible you can click the link below:
If your license is eligible prior to the hearing and you are not a commercial license holder, then the judge can consider probating your license suspension.
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What Is A Probated License Suspension
A probated license suspension basically means that you cannot get any new traffic related convictions for anything during a specific period of time. In most cases, this time period will be 90 days to 1 year depending on the judge’s determination. If you successfully make it through that period without getting any new tickets, then the suspension action will be dismissed.
Hire A Lawyer For Your Driver License Suspension Hearing In Texas
We always encourage those that are dealing with a driver license suspension hearing in Texas to consult a lawyer. Don’t put your license at risk if you don’t have to. Our legal professionals would be glad to help you with your license suspension hearing if you need help. Simply call 214-321-4105 to discuss how we can help you.
