The Colony Lawyer Help for Driver License Suspension

Did you receive a letter that the Texas Department of Public Safety (“TxDPS”) is trying to suspend your driver's license? You do NOT have to just accept the suspension. There are numerous legal defenses, but you must act fast. You only have 20 days from the date of the letter in which to request a hearing to contest the suspension. In many cases, a The Colony lawyer help for driver license suspension can help you retain your license! With over 25 years of legal experience, the attorneys with the Law Office of Todd E. Tkach, P.C., have developed successful strategies to win driver license suspension hearings. Our overall plan is simple, but the details can be rather sophisticated. It begins with an analysis of the facts and the application of the relevant procedural and substantive laws. With our experience and knowledge of the law, we have developed the skills necessary to prevail at driver license suspension hearings.

All Texas driver licenses are issued by the Texas Department of Public Safety. 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's license.

A driver license suspension begins with a notice from TxDPS to the last address that it has on file for you. Failure to request a hearing within 20 days from the date of that notice letter will result in a suspension or revocation of your driver's license. If you receive a notice letter from TxDPS, call us immediately! We will take care of everything from beginning to end. We will timely request a hearing with TxDPS, we will attend your hearing, and we will argue the facts and the law on your behalf. At the conclusion of the suspension hearing, we will notify you of the result of the hearing and instruct you on anything that needs to be done.

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. Once we receive the evidence, we review it to determine any legal or factual defenses and will likely call you to discuss it. Even if there are no legal or factual defenses, we might still win the hearing. Importantly, with all but a few of our clients, we stopped the suspension of their driver licenses, even when they did exactly what TxDPS accused them of doing.

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.

TxDPS could list any or all of the above reasons for the requested suspension or revocation. Regardless of the cited reason, the attorneys with Todd E. Tkach, P.C. will carefully analyze your case, apply the relevant procedural and substantive laws to the specific facts of your case and develop a winning strategy. With a The Colony lawyer help for driver license suspension, we can provide a defense for your driving privileges. Our goal is preserving your driving privileges in the State of Texas.

First, we will timely request a hearing. As stated earlier, failure to timely request a hearing will result in an automatic suspension or revocation of your driver's license. We always request a hearing by electronic submission, so that we can prove the timeliness of our request. After we timely request a hearing on your behalf, your case will be assigned to one of the Justice of the Peace Courts or Municipal Courts in the county of your residence. Hearings are usually scheduled between 30 and 120 days from the request, and we will be notified in writing. During that time period, your driver's license is NOT suspended or revoked. Requesting a hearing “stays” the suspension or revocation until it is heard by the court.

At the hearing, we will present any and all necessary evidence in order to win. The judge will determine, based on the preponderance of the evidence presented, whether the allegations are true (in which case the Judge issues an “Affirmative Finding”) or false (in which case the Judge issues a “Negative Finding”). If there’s a Negative Finding, your driver's license is not suspended. In the event of an Affirmative Finding, your driver's license may be suspended. But, even with an Affirmative Finding, we are usually able to successfully argue for NO suspension or revocation. At the end of the proceeding, the Judge will issue his or her findings and we will promptly notify you of the result.

Also, a The Colony lawyer help for driver license suspension 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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