Oak Leaf Driver License Suspension Hearing Lawyer

If you have been notified that the Texas Department of Public Safety ("TxDPS") is trying to suspend your driver's license, we can help! At the Law Office of Todd E. Tkach, P.C., we have successfully defended hundreds of clients at driver license suspension hearings. You need an experienced Oak Leaf driver license suspension hearing lawyer to defend your driving privileges! We know the relevant procedural and substantive laws and, combined with 25 years of experience, we have developed the skills necessary to succeed at driver license suspension hearings.

All Texas driver licenses are issued by the Texas Department of Public Safety (“TxDPS”). This government agency has the power to issue and suspend or revoke Texas driver licenses and to prohibit anyone from driving in Texas, even if they don’t have a Texas driver license.

If TxDPS attempts to suspend your driver's license, it is required to send you a notice to the last address that it has on file for you. If you receive such a notice, you must act fast! You only have 20 days from the date of the notice to request a hearing to challenge the suspension of your driver's license. Failure to timely request a hearing will result in a suspension or revocation of your driver's license. If you receive a notice from TxDPS, you need an Oak Leaf driver license suspension hearing lawyer so call us immediately! The attorneys with the Law Office of Todd E. Tkach will take care of everything, including timely requesting a hearing with TxDPS, attending and arguing on your behalf at the suspension hearing and notifying you of the result of the hearing with proper documentation.

Prior to the hearing, in most cases, TxDPS will send to us the evidence it has that it will present against you at the hearing. If not provided, we will request it prior to the hearing. Once we receive it, we review it to determine any legal or factual defenses and will likely call you to discuss them with you.

Even if there are no legal or factual defenses, an Oak Leaf driver license suspension hearing lawyer might still prevail at the hearing. Importantly, with all but a handful of our cases, we have succeeded in stopping a suspension of our clients’ driver's licenses, even when our clients did exactly what TxDPS accused them of doing. For example, the Texas Transportation Code provides the statutory authority for TxDPS to seek a suspension of a persons’ driver's license if it determines that the person:

• has operated a motor vehicle on a highway while the person's license was suspended, canceled, disqualified, or revoked, or without a license after an application for a license was denied;
• is a habitually reckless or negligent operator of a motor vehicle;
• is a habitual violator of the traffic laws (i.e. 4 convictions within 12 months or 7 convictions within 24 months);
• has permitted the unlawful or fraudulent use of the person's license;
• has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for suspension;
• has been convicted of two or more separate offenses of a violation of a restriction imposed on the use of the license;
• has been responsible as a driver for any accident resulting in serious personal injury or serious property damage;
• is under 18 years of age and has been convicted of two or more moving violations committed within a 12-month period; or
• has committed an offense under Section 545.421 (fleeing or attempting to elude a police officer).

Similarly, the Texas Transportation Code sets forth 5 actions that will cause TxDPS to seek a revocation of a person’s driver's license if it determines that the person:

• is incapable of safely operating a motor vehicle;
• has not complied with the terms of a citation issued by a jurisdiction that is a party to the Nonresident Violator Compact of 1977 for a traffic violation to which that compact applies;
• has failed to provide medical records or has failed to undergo medical or other examinations as required by a panel of the medical advisory board;
• has failed to pass an examination required by the director under this chapter; or
• has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for revocation.

It doesn’t matter why TxDPS tries to suspend or revoke your driver's license. The attorneys with the Law Office of Todd E. Tkach, P.C. will respond, on your behalf, with an aggressive and successful strategy to defend your driving privileges in the State of Texas.

The first order of business is to timely request a hearing. Failing to do so will result in an automatic suspension or revocation of your driver's license. We request all hearings by electronic submission. The request is instant, and we can prove the timeliness of the request. After electronic submission of the hearing request, your case will be assigned a Justice of the Peace Court or Municipal Court in the county in which you reside. Scheduling of the hearing will be completed between 30 and 120 days. Importantly, your driver's license is NOT suspended during the time from requesting a hearing to the time of the hearing. Requesting a hearing “stays” the suspension or revocation until it is heard by the Judge.

At a driver license suspension hearing, TxDPS will present its’ evidence and we will present any and all necessary evidence in order to prevail. Based on a preponderance of the evidence, the judge will make one of two “Findings;” either an “Affirmative Finding” or a “Negative Finding.” If there’s a Negative Finding, you win, and your driver's license is not suspended. This is usually due to a legal or factual defense. If there’s an Affirmative Finding, the Judge may suspend your driver's license. However, even with an Affirmative Finding, there may be other options, depending on the eligibility status for reinstatement.

Also, Oak Leaf driver license suspension hearing lawyer can provide additional assistance even if the proceeding goes against you!

Even if your driver's license is suspended, there are options to continue driving, legally! It’s called an Occupational Driver License, which allows you to continue to legally drive if you have an “essential need.” The time periods and places you can drive are restricted, but it gets you back on the road. Obtaining an Occupational Driver License is a separate legal proceeding, which can be tricky to obtain. Call us if you need an Occupational Driver License.

Don’t forget – time is of the essence! If you receive a suspension or revocation notice letter from TxDPS, call us immediately to talk with one of our attorneys.

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