Occupational License Myths and Facts: Myth Number Two
The Beltz Law Firm
214-321-4105
http://dallas-occupational-license-lawyer.com
Myth Number Two: “I can only get an occupational license in the county that I reside”
This seems to be a recurring myth spread about occupational licenses. The truth is that the proper venue for filing a petition for an occupational license depends on the reason for the suspension.
According to the Texas Transportation Code, Section 521.242, a person whose license has been suspended for a reason other than a mental or physical disability or a conviction under 49.04 of the Texas Penal Code (DWI laws), may file a petition for an occupational license in either (1) the county in which the person resides or (2) the county where the offense occurred that caused the suspension. For example, if you live in Dallas County but your license was suspended because of a conviction in Tarrant County, you could file the petition in either county. Of course, you would want the experience of an attorney to determine the best county to file the petition because experience with the different counties may make a difference in reaching a successful result.
The foregoing applies to non-DWI suspensions and non-mental or non-physical disability suspensions. Otherwise, Section 521.242 requires a petition to be filed in the county or district court in which the person was convicted if the person’s license was suspended or canceled due to a conviction in that court and the person has not been issued more than one occupational license within 10 years preceding the date of the filing of the petition.
An occupational license is a serious en devour and should not be undertaken without serious consideration into all aspects of filing such an important petition. We strongly recommend using an attorney with years of experience in various courts and under different reasons so you can best achieve your goal to drive on the road legally again. If any of the information above caused you concern, please do not hesitate to contact our office for a free phone consultation about your particular case. After all, you wouldn’t pack your own parachute just because you could!
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