September 14, 2012
THE BELTZ LAW FIRM
Once you have filed for an occupational license, can the State oppose your request to obtain the license? The answer is Yes. BUT, only for certain situations.
The Transportation Code states as follows:
Sec. 521.243. NOTICE TO STATE; PRESENTATION OF EVIDENCE. (a) The clerk of the court shall send by certified mail to the attorney representing the state a copy of the petition and notice of the hearing if the petitioner’s license was suspended following a conviction for:
(1) an offense under Section 19.05, 49.04, 49.07, or 49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
(b) A person who receives a copy of a petition under Subsection (a) may attend the hearing and may present evidence at the hearing against granting the petition.
As you can see, the State may (ie, if they want) attend the occupational license hearing if the petitioner’s license was suspended for DWI, DWI Manslaughter, or other alcohol related conviction or if the petitioner was under 21 years old when he/she committed the offense and was convicted and subsequently suspended automatically under Section 521.342.
Otherwise, the State has no authority to appear and contest the granting of an occupational license for any other suspension reason.
Feel free to contact us:
- USE OUR CLICK TO CHAT FUNCTION
- FILL OUT OUR QUESTIONNAIRE TO HAVE A LEGAL PROFESSIONAL CALL YOU BACK: http://www.beltzlaw.com/traffic-ticket-help/traffic-ticket-questionnaire/
- CALL US TOLL FREE AT 214-321-4105