June 11, 2013
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.
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