No ODL For Mental or Physical Disability or Impairment

Date June 11, 2013

Occupational Drivers License Questionnaire

214-321-4105

Dallas Municipal Court

Dallas Municipal Court

In Texas, a suspended or revoked drivers license is not a preclusion to driving on public roads. While driving is a privilege in Texas and that privilege can be revoked or suspended for cause, the lawmakers saw fit to offer an alternative to those unable to maintain a regular license by allowing them to petition a court for an occupational license.  An occupational license grants the holder the limited ability to operate a motor vehicle in the state for specific purposes and during specific times. These restrictions are meant to offer the holder the ability to maintain employment and conduct essential household duties.

However, there are exceptions to the ability to obtain an occupational license. If the cause of the drivers license suspension or revocation was for a mental or physical disability or impairment, then a person is precluded from being issued an occupational license. The reason for the suspension. If a person has lost his/her ability to safely operate a motor vehicle so much that their driving privileges must be taken away, then giving them a temporary occupational license will not ensure their safety on the road or the safety of others on the road. Unlike other suspensions or revocations, physical or mental disability suspension is not something that can be easily fixed or reinstated. A physician must examine the person to determine if the driver has the capability to ensure the safety of the public when driving. There is no time limit for the suspension. In other words, the suspension remains until a doctor can clear the person for safe driving.

Usually, a person’s driving capabilities come into question following some contact with police or medical personnel following a car accident or traffic stop. The suspected person is ordered by the Texas Department of Public Safety to undergo an exam and then notified of any pending suspension and the ability to contest a suspension or revocation. In these types of hearings the judge primarily relies on the doctor’s evaluations and must suspend the license if they are deemed physically or mentally incapacitated.

Our suggestion for anyone facing a mental or physical suspension, call our office first. While we will only advocate for the safety of our clients and the welfare of society, we can review the matter to determine if the suspension is justified. Call today to obtain a free consultation. We look forward to hearing from you.

Dallas Occupational License Attorney

Dallas Occupational License Attorney

1) By Phone – 214-321-4105

2) In Person – We are located at 8360 Lyndon B Johnson Freeway, #260 and are available Mon – Friday from 9:00 a.m. – 5:00 p.m.
3) Via Live Chat
4) By Email – You can email our office by filling out the form on THIS PAGE

Difference Between A Suspended License + Invalid License +Revoked License

Date December 10, 2012

FREE Consultation With A License Suspension Attorney

214-321-4105

No Driver's License Ticket In Dallas

No Driver’s License Ticket In Dallas

There are a number of ways to lose your license in Texas. You can lose due to alcohol related events or criminal convictions. You can lose it for too many points assessed against your drivers license. You can lose it for being a habitually bad driver. Or, you can lose it because you are not physically or mentally able to operate a motor vehicle safely. In any case, losing your license is akin to losing a limb, especially in the great big state of Texas. When a person loses his/her license, it can be suspended, invalidated, or revoked. There are differences to each and potential responses to each.

  • Invalid License: When a person has an outstanding “hold” on their license which makes the license void for use. For example, the person has outstanding surcharges against their license or warrants for past due tickets. If the person removes the hold, the license becomes valid again for use. The Remedy: Remove the hold OR obtain an occupational license until the hold can be lifted.
  • Suspended License: When a person has a conviction or an event has occurred which renders their license void for use for defined period of time. For example, a conviction for driving while intoxicated (DWI) can cause a suspension of a license for up to a year or more. After the suspension period is over, the license can be reinstated. Additionally, some events can cause the person’s license to be suspended for an infinite amount of time but can be remedied at any time. For example, a person receives a conviction for driving without proof of financial responsibility (i.e., no insurance), then their license can be suspended forever or until the person files an SR-22 proof of insurance with the Texas Department of Public Safety (DPS). Then, the license can be reinstated. Unlike invalidated licenses, most suspended licenses cannot be reinstated by simply fixing the “problem.” The suspension period must generally be served out before the license is eligible (a.k.a., valid) again. The Remedy: Wait for the suspension to end OR obtain an occupational license.
  • Revoked License: When an event or condition completely takes away the license from a driver. For example, a person has reached an advanced age where they can no longer operate a vehicle safely. This is known as a medical revocation. The license cannot be reinstated by simply fixing the problem. DPS must be satisfied that the person can meet the minimum safety requirements. The Remedy: Resubmit an application to drive. An occupational license is not available to people whose license has been revoked.

 

The Beltz Law Firm

The Beltz Law Firm

I think the biggest difference between the three listed above is that for an invalid or suspended license, the license is still issued to the person but cannot be used. While, the revoked license is completely taken away from the person and not available again for use. That is why an invalidation or suspension qualifies for an occupational license.

Feel free to contact us:

The Holidays’ Hidden Dangers: Losing Your License

Date December 10, 2012

Drivers License Suspension  Questionnaire

214-321-4105

Driver's License Ticket In Dallas

Driver’s License Ticket In Dallas

It happens every year and it is tragic every time. Drinking and driving is a re occurrence during the holidays. Not only are we cheering on our favorite football teams, we are celebrating Thanksgiving, Christmas, and New Years with our friends and loved ones. It is supposed to be a celebration. However, when a person takes the partying too far and drives after one too many brandy laced egg nogs, then the consequences can be devastating. Driving While Intoxicated (DWI) in Texas is a serious matter and should be treated as such. DWI’s caused hundreds of deaths each year and thousands of alcohol related accidents. Statistically, someone dies every 5 hours in Texas due to a drunk driver. During the holiday season, law enforcement steps up their enforcement with added patrols, more traffic shifts, drunk driving checkpoints, and mandatory blood draws (otherwise known as “No Refusal”).

While we never want anyone to drink and drive, we understand that it happens. If it happens to you, it is important you first get quality legal representation and understand what you are facing in the long run. There are more to DWI’s in Texas than merely being arrested and taking a probation. In addition to the criminal charge of DWI, you face the suspension of your driving privileges for up to a year. You may have to install an alcohol ignition interlock on your car in order to drive. You may need an occupational license because you will not be able to drive to work and home legally. In order to fight the suspension, you need to timely request a hearing and make a competent case at an Administrative License Revocation (ALR) hearing to try and save your license. If your license cannot be saved or you fail to request the hearing in time, you will likely need to petition the court for an occupational license.

Traffic Ticket Lawyer In Dallas

Traffic Ticket Lawyer In Dallas

It is not rocket science, but drinking and driving is not a very smart thing in the first place. When and if it happens to you, the important thing to do is hire someone you trust to tell you the whole story and all your options. You do not want to be cornered into taking a deal you do not want unless you feel it is in your best interest. Likewise, there is no need to expend energy, time, and resources into fighting a losing case. Its all about balance. But balance only comes from knowledge. Call our office to setup your free consultation. We can explain your potential problems from a DWI and arm you with the information you need to make the best decision.

Occupational License Basics for Dallas County

Date December 9, 2012

FREE Occupational License Consultation

 

Dallas Municipal Court

Dallas Municipal Court

Unfortunately, our society is fast becoming (or is already) a commercialized conglomerate where everything and everyone is trying to make a quick buck. That can be true in Dallas County and occupational licenses. We have seen quite a few advertisements from other lawyers and law firms claiming to provide occupational license services in Dallas County for ridiculously low prices. Generally, this is of no concern to our office because we have built a reputation for providing quality and competent legal services over the years and people see the true value in our “product. ” However, we have received several calls over the past few months from people who used those other advertised services to find out that the services weren’t as advertised. For one thing, the low cost that got them in the door was merely a gimmick and there were more hidden costs that were not revealed to them until after they had paid their money. Next, those people were looking for full service and received partial service. Apparently, for the money they spent, they had do some of the work. That was not the point of hiring an attorney. And lastly, some did not get an occupational license after spending the money because they were not fully informed of the occupational license process.

At the Beltz Law Firm, we provide full occupational license services with full disclosure of prices and processes. Obtaining an occupational license is not easy. It takes hard work and years of experience to meet the expectations of varying situations. There is not one fit for every person. That is one reason why we have stayed true to our philosophy that we do the work for our clients and they reap the benefits. That is why they hired us anyway.

OK, now for some occupational license basics. An occupational license is a special, restricted license which grants the holder driving privileges for restricted times, places, and purposes. To obtain an occupational license in Dallas County you will need the following:

  • A verified petition stating why you are eligible, where you will drive, for what purposes you will drive, when you will drive
  • SR-22 Insurance
  • Petition fees
  • A conforming Order
  • Reinstatement Fees, if any
  • Occupational License Fee
  • Complete driving record (if filed in District Court)

 

Dallas ODL Attorney

Dallas ODL Attorney

The occupational license will allow the holder to drive to work and back home. To school. And, to perform essential household duties. You are authorized for 4 hours of drive time in any 24 hour period but can request up to 12 hours in any 24 period if you can show it would be harmful if you did not get the additional hours. The court order will be used as a temporary occupational license for 31 days until the Texas Department of Public Safety (DPS) can provide a hard copy of the occupational license.

 

These are the basics, but, there are many potential issues that can change or prevent an occupational license. It takes an experienced attorney to understand what can be accomplished so that the petitioner is not wasting time and money.

Feel free to contact us:

Ignition Interlock Device for Occupational Licenses

Date November 27, 2012

Questions About Ignition Interlock Devices

214-321-4105

If you have lost your driving privileges related to a Driving While Intoxicated (DWI) charge, you may be required to install and maintain an ignition interlock device on any vehicle you operate, with an exception. An ignition interlock device is a breath analysis device installed into a vehicle which prevents the vehicle from starting if it detects a specific amount of alcohol. The user must breathe into the device apparatus for the device to register a sample and make the analysis. If too much alcohol is detected, the vehicle will not start and the recording of the measurement will be made on the device’s hard drive.

The Texas Transportation Code regulates the issuance of an occupational drivers license under Section 521. For purposes of ignition interlock devices, section 521.246 specifies the rules and exceptions regarding the condition. The law provides that a judge MAY require an ignition interlock device to be installed in any vehicle the occupational drivers license holder uses if he/she has a license suspension due to an alcohol related criminal conviction. The judge SHALL require the same if the person has two or more similar convictions within 10 years of the current suspension.

The exception to this rule is that a person may operate a motor vehicle without an ignition interlock if:

(1)  the person is required to operate a motor vehicle in the course and scope of the person’s employment;

(2)  the vehicle is owned by the person’s employer;

(3)  the employer is not owned or controlled by the person whose driving privilege is restricted;

(4)  the employer is notified of the driving privilege restriction;  and

(5)  proof of that notification is with the vehicle.

 

Dallas Occupational License Attorney

Dallas Occupational License Attorney

Additionally, the user must obtain and pay for the expenses related to the installation and maintenance of the ignition interlock device unless the court determines that it would not be in the interest of justice to do so. In that case, the court can arrange a payment plan for the user. Furthermore, the device must remain installed for at least half the probation period of the occupational license.

 

Still confused? Don’t worry , most people were not even aware of these conditions as are some attorneys. We have dealt with these conditions in the past and can review your specific situation for free. Call today for a free phone consultation.

I THINK I WILL TAKE A CHANCE AND NOT GET AN OCCUPATIONAL LICENSE

Date September 17, 2012

THE BELTZ LAW FIRM

214-321-4105

 

Occupational Driver's License In Dallas

Occupational Driver’s License In Dallas

If your license has been suspended the costs to reinstate your license can be overwhelming. Not only do you have to pay high fees to DPS but you have to figure out how to get to work and back to pay the State its dues. The obvious solution is to get an occupational license which will allow you restricted driving privileges. But, obtaining an occupational license is neither “cheap” nor “a piece of cake” to obtain. So, do you forego going out a few times with your buddies in order to save up for the occupational license or hope and pray a police officer doesn’t see y0u do something stupid while driving and pull you over?  Well, if you are pulled over for violating a traffic law, it is possible that the officer may issue you a ticket for Driving While License Invalid (DWLI)or worse, arrest you for the same violation.

 

What is the difference? A DWLI can be a Class C Misdemeanor punishable by a fine only or what will in all likelihood happen is the officer will arrest you and charge you with a Class B Misdemeanor punishable by up to six months in jail and/or a fine up to $2,000.00. Or, you could be placed on probation for up to two years.

 

Now, how much do you think it will cost you to properly defend a criminal charge of DWLI versus obtaining an occupational license?

 

Before you venture out onto those finely paved, smooth as silk, multi-lane autobahns we have been graced with in Texas, please consider doing the right thing which is don’t drive while your license is valid and obtain an occupational license if you must drive. DON’T RISK IT!!!!!

 

The Beltz Law Firm

The Beltz Law Firm

PS: A conviction for a DWLI may suspend your driving privileges for up to two additional years.  Unless you are Donald Trump, I am sure no one is chauffeuring you around.

Feel free to contact us:

“ESSENTIAL NEED” DEFINED

Date September 14, 2012

THE BELTZ LAW FIRM

214-321-4105

Dallas Municipal Court

Dallas Municipal Court

The occupational license laws in Texas not only provide that a person who is granted an occupational license may operate a motor vehicle to and for work purposes, but also he/she may drive for any “essential need.”  What exactly is an “essential need?”  Fortunately, the legislature, in their infinite wisdom, has seen it fit to define that term as follows:

 

Sec. 521.241.  DEFINITIONS.  In this subchapter:

(1)  “Essential need” means a need of a person for the operation of a motor vehicle:

(A)  in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person’s occupation or trade;

(B)  for transportation to and from an educational facility in which the person is enrolled;  or

(C)  in the performance of essential household duties.

 

Well the definition is not too broad or too specific. It serves the purpose of most of our clients in that it allows them to go to work, school, the grocery store, church, etc.  No, it doesn’t give them the right to drive at midnight from bar to bar but that probably got them in trouble in the first place!!

 

Dallas Occupational License Attorney

Dallas Occupational License Attorney

It encompasses the important parts, which is work, school, and house hold duties, but leaves other things undefined such as trips to the zoo, lake trips on the weekend, etc. The important thing to remember is that an occupational license is temporary but restrictive, but necessary in this State. If you are a person who takes mass transit, you probably don’t need an occupational license. The rest of us though, can’t live without a license!

Feel free to contact us:

 

 

ALCOHOL AWARENESS CLASS FOR OCCUPATIONAL LICENSE HOLDERS

Date September 14, 2012

THE BELTZ LAW FIRM

214-321-4105

 

Occupational Driver's License In Dallas

Occupational Driver’s License In Dallas

There are many potential conditions for an occupational license holder dependent upon his/her particular situation, e.g., reason for suspension, number of suspensions, etc.  If a person failed a breath or blood test for intoxication (Section 524) or his/her license was suspended under the Texas implied consent laws (Section 724) then an occupational license for that person must attend an alcohol awareness class, or similar alcohol dependency program, as follows:

 

Sec. 521.245.  REQUIRED COUNSELING.  (a)  If the petitioner’s license has been suspended under Chapter 524 or 724, the court shall require the petitioner to attend a program approved by the court that is designed to provide counseling and rehabilitation services to persons for alcohol dependence.  This requirement shall be stated in the order granting the occupational license.

(b)  The program required under Subsection (a) may not be the program provided by Section 521.344 or by Section 13, Article 42.12, Code of Criminal Procedure.

(c)  The court may require the person to report periodically to the court to verify that the person is attending the required program.

(d)  On finding that the person is not attending the program as required, the court may revoke the order granting the occupational license.  The court shall send a certified copy of the order revoking the license to the department.

(e)  On receipt of the copy under Subsection (d), the department shall suspend the person’s occupational license for:

(1)  60 days, if the original driver’s license suspension was under Chapter 524;  or

(2)  120 days, if the original driver’s license suspension was under Chapter 724.

(f)  A suspension under Subsection (e):

(1)  takes effect on the date on which the court signs the order revoking the occupational license;  and

(2)  is cumulative of the original suspension.

(g)  A person is not eligible for an occupational license during a period of suspension under Subsection (e).

 

Dallas Occupational License Attorney

Dallas Occupational License Attorney

The condition is included in the person’s driving record and if he/she fails to complete the course, their drivers license remains suspended until completed. In other words, not only is the alcohol awareness class an important condition of the occupational license but also necessary to reinstating the original drivers license when eligible.

Feel free to contact us:

 

 

HOW MANY HOURS CAN I DRIVE WITH AN OCCUPATIONAL LICENSE?

Date September 14, 2012

THE BELTZ LAW FIRM

214-321-4105

 

Occupational Driver's License In Dallas

Occupational Driver’s License In Dallas

A consideration by all people contemplating an occupational license is the number of hours you are allowed to operate a motor vehicle when you are issued an occupational drivers license. The Texas Transportation Code, Section 521.248 (b) states as follows:

 

b)  The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period.

 

The important thing here is that the driver may operate motor vehicle for no more than four hours in a any 24 hour period unless he/she can show that it is a necessity to drive longer. In that case, if the necessity is shown, the court may grant up to 12 hours of drive time in any 24-hour period.

 

Dallas Occupational License Attorney

Dallas Occupational License Attorney

So, you must ask yourself, how many hours do I need to be on the road each day in order to get to work, perform my job, and complete necessary household tasks. The occupational license is not for club hopping on a Saturday night!

 

Feel free to contact us:

 

WHAT MUST AN OCCUPATIONAL LICENSE COURT ORDER STATE TO BE VALID?

Date September 14, 2012

THE BELTZ LAW FIRM

214-321-4105

 

Occupational Driver's License In Dallas

Occupational Driver’s License In Dallas

It is often asked by clients, what must the order granting an occupational license state to be valid so that the Texas Department of Public Safety will issue the occupational drivers license. Fortunately, the Transportation Code lists the minimum requirements under the law as follows:

 

Sec. 521.248.  ORDER REQUIREMENTS.  (a)  An order granting an occupational license must specify:

(1)  the hours of the day and days of the week during which the person may operate a motor vehicle;

(2)  the reasons for which the person may operate a motor vehicle;

(3)  areas or routes of travel permitted;

(4)  that the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device, if applicable; and

(5)  that the person must submit to periodic testing for alcohol or controlled substances, if applicable.

(b)  The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period.

(c)  An order granting an occupational license remains valid until the end of the period of suspension of the person’s regular driver’s license.

 

 

As stated earlier, these are the minimum requirements and can be elaborated upon by the judge but cannot be restricted or enhanced by the judge to make the standard more difficult. In other words, the judge can be more specific in his/her order but cannot make you do something against the provisions and requirements outlined in the statutes pertaining to occupational licenses.

 

Dallas Occupational License Attorney

Dallas Occupational License Attorney

Of course, if we are retained to represent you in obtaining an occupational license, then you have nothing to worry about because our experienced attorneys will insure that the order is fairly and lawfully issued.

Feel free to contact us: