Where Do You File A Petition For An Occupational Driver License In Texas?

Some internet sites and attorney websites have some pretty inaccurate information on where  and how to file an occupational driver license in Texas.  For example, we have seen sites state that if a judge denies your occupational request that you can simply appeal that decision.  That is not correct.  Once a judge denies the request, it cannot be appealed.  This may also mean that a writ of mandamus may be unavailable to the petitioner even if the judge’s decision is incorrect.  So if a judge does deny your occupational driver license request, and there are no appeal options, then what do you do.  The law is very clear that you have many options on where to file for an occupational driver license.  This article will outline those options and how to choose which is best for you.  If you would like to discuss your occupational driver license request or hire an attorney for an occupational driver license after reading this article, feel free to contact our office at 214-321-4105.

Who Has Jurisdiction?

The most important law to point to when determining which forum to file your petition for an occupational driver license is The Transportation Code Section 521.2421.  This section is located in subchapter L of that specific statute and reads as follows:

Sec. 521.2421.  PETITION. 

(a)  Except as provided by Subsections (b) and (c), a person may apply for an occupational driver’s license by filing a verified petition with the clerk of a justice, county, or district court with jurisdiction that includes the county in which:

(1)  the person resides; or

(2)  the incident occurred for which the license was suspended, revoked, or canceled.

(b)  If a person’s license has been automatically suspended, revoked, or canceled due to a conviction of an offense as provided by Subchapter O or P, the person may apply for an occupational driver’s license by filing a verified petition only with the clerk of the court in which the person was convicted.

(c)  If a person’s license is suspended, revoked, or canceled due to a court order submitted to the department by a district, county, or justice court, the person may apply for an occupational driver’s license by filing a verified petition with a court described by Subsection (a) or the court that issued the order.

(d)  A petition filed under this section must:

(1)  set forth in detail the petitioner’s essential need, including a description of the hours and location of essential travel;

(2)  describe the reason for the petitioner’s license suspension, revocation, or cancellation;

(3)  provide evidence of the petitioner’s financial responsibility in accordance with Chapter 601; and

(4)  include a certified abstract of the petitioner’s complete driving record.

(f)  If a court lacks jurisdiction over a petition filed under this section, the court shall dismiss the application.  The court may hold a hearing to determine if the court has jurisdiction over the petition.  If the petition is dismissed, the petitioner may submit a written request for the petition to be reinstated within 14 days of the dismissal, stating the reason the court has jurisdiction over the petition.

Why Was The Driver License Suspended?

Based on the statute above, there a variety of places that an occupational driver license can be filed based on the reason why the suspension occurred.  What must first be determined is why the license was suspended.  The basic categories of suspension are listed below along with the courts that a person could possibly file the petition.

• HABITUAL VIOLATOR SUSPENSIONS:  These types of suspensions are due to bad driving records.  A person received too many traffic ticket convictions in too short a period of time.  DPS then sends a suspension notice to the driver.  After the suspension is entered, a person then needs to submit a request for an occupational driver license to avoid arrest or further charges.
  • WHERE CAN THEY FILE?  A habitual violator has the most options for filing.  They truly get to forum shop for the best judge and court.  The courts that they can file in are as follows:
    • Any justice of the peace court in the county where the person resides
    • Any county court where the person resides
    • Any district court where the person resides
    • In the court that issued the order for suspension (if a court ordered the suspension after a hearing).
• CRIMINAL OFFENSES:  For certain criminal offenses, a person is limited in the forum they can file an occupational driver license request.  criminal offense suspensions must be filed in the same court where the person was convicted.  Important to note the language, “where the person was convicted.”  That means the person has already been found guilty of the offense.  In certain alcohol related cases, the refusal to submit to testing can cause an 180 days suspension of a person’s driving privileges.  It can be argued that because the refusal does not establish guilt, a person should still be able to file for ALR suspensions in the justice of the peace court.  However, for all conviction related suspensions, the case must be filed in the court where the conviction was entered.  Examples of types of crimes that have driver license suspensions related to convictions are as follows:
  • Evading arrest or detention
  • Criminally negligent homicide
  • Driving while intoxicated
  • Intoxication Assault
  • Collision causing injury or death
  • Display of fictitious driver license
  • manslaughter

For these types of driver license suspensions, based on convictions, you go right back to the judge who convicted you of the offense.  The policy behind this law is that they are most familiar with your case and can best determine what restrictions and/or conditions need to be placed on the person.

How To Choose The Best Court To File For An Occupational Driver License

Where you can file for an occupational driver license is one thing.  Where you should file for an occupational driver license is another.  The decision on where to file can depend on many factors, but some of the most important are listed below.

• COST OF FILING THE OCCUPATIONAL DRIVER LICENSE PETITION:  Cost is important in any legal venture.  Filing petitions for occupational driver licenses is no different.  Which court is the cheapest to file an occupational driver license in can be the biggest deciding factor.  In most cases, your justice of the peace courts are going to be the cheapest as far as filing fees are concerned.  Most justice of the peace courts cost less than $100.00 to file the occupational driver license request.  In fact the fees at the time of the writing of this article run closer to $60.00 for most justice of the peace courts in North Texas.  County and District Court filings can be much higher.  Most county and district courts have filing fees ranging from the low $200 range up to the high $300.00 range.  So, if we are just considering cost, then filing the request in the justice of the peace court will almost always be the best option.
• SPEED OF PROCESS: This element can be just as important if not more so than the cost.  Our occupational driver license lawyers have been hired and asked to get an occupational driver license granted within a few days of being hired.  This is a fast turnaround for anybody.  But when a job is telling an employee that they either get a license or get fired, it has to happen quickly.   Every court is different when it comes to answering which forum grants the petition the quickest.  Our experienced team of lawyers has compiled a list of courts that grant occupational license requests quickly.  This honestly comes with experience and a lot of trial and error.  The best way to do it yourself is to call each court where you reside and ask them how long it will take from filing to having the occupational driver license request granted.  Based on that, you can begin to make a decision on where to file to speed up the process.
• FRIENDLY FORUMS:  Lets face it.  Some judges are just mean.  Some judges will take every opportunity to help you in any way they can legally.  You need to research the judge that you are filing the occupational driver license request.  If you don’t, you could be sorry.  The judge may deny your request based on a reason that isn’t valid.  This wastes valuable time and energy.  For more information on why a judge could try to deny your occupational driver license request, click here.  Again, our experienced team of occupational driver license lawyers has compiled a list of judges that are willing to help in every way they can within the bounds of the law.  This can ensure a higher rate of success than blindly filing a case in a forum that may not be willing to do what it takes to help a person get back on their feet.

Hire a Lawyer For Your Occupational Driver License Request

Is it absolutely necessary to hire a lawyer for your occupational driver license?  No.  But hiring a attorney to assist you with the occupational driver license petition gives you a higher probability of success and speed at which the process can be accomplished.  This is why we encourage you to consider hiring an attorney to help you with the request if time is of the essence.  Feel free to call our occupational driver license lawyers today to discuss your particular case.  We can be reached at 214-321-4105.