What Happens Once You Object To Your Driver License Being Suspended In Texas
Beltz Law Group can help you restore your driver’s license. If you have received a notice of suspension of your driving privileges in Texas, you need to object immediately. By law, you only have 15 days in which to do so. The specific Transportation Code Section that requires the notice of objection is as follows:
Sec. 521.298. HEARING REQUEST. If, not later than the 15th day after the date on which the person is considered to have received notice of the suspension or revocation under Section 521.295(b), the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, a hearing shall be held as provided by Sections 521.295-521.303.
Once the objection is properly filed, the Texas Department of Public Safety is required by law to give you an opportunity to contest the suspension of your driver’s license. The determination of whether or not to suspend a person’s driving privileges is normally made by a justice of the peace where the person resides. This judge has complete discretion to make that decision, so make sure you are very respectful to them. Their discretion is codified by statute and states the following:
Sec. 521.301. ISSUE AT HEARING. (a) The issue that must be proved at the hearing by a preponderance of the evidence is whether the grounds for suspension or revocation stated in the notice are true. (b) If the presiding officer finds in the affirmative on that issue, the suspension or revocation is sustained. (c) If the presiding officer sustains a suspension, the department shall suspend the person’s license for the period specified by the presiding officer, which may not be less than 30 days or more than one year. (d) If the presiding officer does not find in the affirmative on that issue, the department may not suspend or revoke the person’s license. (e) The decision of the presiding officer is final when issued and signed.
It is highly recommended that you hire a lawyer to assist you with your driver’s license suspension for this reason. Having a legal professional by your side can make all the difference when it comes to saving your driving privileges in Texas. If you would like to discuss your driver’s license suspension in Texas with our lawyers, feel free to call us today at 214-321-4105.