My attorneys office called me and said that my ALR Hearing had been canceled. Couple days later they called again saying that my liscense might be suspended, to be carefull. I thought my 6 months were up for suspension but the six months suspension started 2 days ago when the ALR Hearing was canceled by my attorney and the judge suspended them. Could it be because my attorney kept reseting the hearing untill 6 months passed and the judge canceled the ALR hearing? Help please!
Criminal Defense Attorney
Your license will not be suspended until you have your ALR hearing. If you attorney "cancelled" your ALR hearing or missed it, then without you presenting your case in this civil matter, your license would be revoked.
Call your attorney and find out EXACTLY why the ALR hearing was cancelled. If you don't understand or believe the answer, call the ALR court and find out. If your license was suspened through no fault of your own, you may be able to appeal the suspension successfully and get a reset but you only have a limited number of days.
An individual whose license has been suspended following an administrative hearing may appeal the decision rendered by the ALR judge . The petition must be filed within thirty days of the decision in the county court in the county of arrest. A properly filed appeal petition stays the suspension for first offenders for up to ninety days.
Judge's don't cancel ALR hearings. I've had ALR hearings over a year after the DWI arrest, so the six months is not relevant.
You can also apply for an occupational license if all else fails. Sounds like you can easily appeal and get another hearing because you never had your day in court.
Criminal Defense Attorney
Did you get arrested for driving while your license is invalid? If so, then you will need to hire a lawyer to represent you. I would consider hiring a different lawyer than the one already representing you if you cannot get some satisfactory answers.
ALR hearings are not cancelled except if there is a weather problem, etc. Even then, they are rescheduled. Judges do not cancel hearings because of resets, either. They might deny a reset and go forward with the hearing, but they do not just cancel hearings and suspend licenses (unless they are acting improperly - always a possibility but one that your lawyer could "fix" if it happened.)
Call your lawyer and schedule an appointment. Find out exactly what happened with your ALR hearing - why it did not occur (or if it did occur and your lawyer failed to appear.) Ask for a copy of any findings or other documentary evidence issued by the ALR judge. (They sign orders regarding their findings.) Discuss with your lawyer the possibility of appealing the decision. (If the judge really did somehow deny you a hearing, then an appeal should get that matter straightened out. If your lawyer messed up, then an appeal will not fix the matter & you will have to deal with the situation in other ways.)
Assuming you do not appeal, call DPS and find out when your license suspension runs out and what you will have to do to get your license back. (You will have to pay a reinstatement fee. If you go ahead and pay it, the license will come back to at the end of the suspension.)
Do NOT while your license is suspended or you will be arrested and prosecuted, and your license could be further suspended. If you need to drive during the time that your license is suspended, you can apply for an occupational license in the county in which you live or the county in which you got the DWI. There is no guarantee to such a license. You will have to demonstrate need, and the license will allow limited driving. (Be aware that driving outside the permits of the occupational license - like driving after the hours permit or if you get a log, driving without recording it in your log, is just like driving with a suspended license and you will be arrested if stopped.)
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.
DUI / DWI Attorney
This really depends on some additional factors but, generally you can get your license back by paying the surcharge fees at the Texas Department of Public Safety. You can find more information on their website at https://texasonline.state.tx.us.