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Restricted driver's license suspension question??

Red Oak, TX |

My son got a letter stating his license will be suspended for 3 months because he received 2 or more moving violations in a 12-month period. I got a copy of his driving record and he had 3 things on it: a no-fault wreck that he was injured in by a dump truck pulling out in front of him ($11,000 worth of damage); 2, speeding ticket; 3, a ticket for "unsafe lane change," when, in fact, he was stopped at a stop sign in our subdivision at a dead end road where the only way to turn was left, but failed to use his signal. Nobody in subdivision does because there's no other way to turn but left. So, the ticket actually misstates the offense. It wasn't unsafe lane change, it was not using signal to turn left. Can we fight this in court? I can't get anyone on line at DPS to ask. Any advice? Help!

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Attorney answers 1


Before taking a person's license, DPS grants a smidgen of due process to the license-holder, but you must move quick.

Your son has 15 days from the presumed receipt of the letter (which is 5 days after the mailing date) to request a hearing. If your son does not request this hearing within the 15 days, then there is little he can do to fight the suspension. If this is the case, he may still qualify for an "essential needs" license, also known as an occupational license. However, the occupational license will severely restrict the times and locations to which he may drive.

In short, your son needs to contact an attorney now to ensure that DPS receives a timely request for a hearing so that he can fight to keep his license.

This answer is based upon the limited information provided in your question, and is not intended to be legal advice nor create an attorney-client relationship. For more information on your particular situation, please contact a local attorney.