How to prepare case for Administrative Hearing

[and1player38]

This is in Texas.

I have an administrative hearing tomorrow regarding the suspension of my driver's license.

I haven't been able to find any information online as to what exactly is refutable in an administrative hearing regarding the suspension of my drivers license.

I'm suppose to be getting a 90 day suspension for getting four tickets in a year which happened over a year ago (and I haven't gotten one sinse). I know that's not an argument that would work in court, but is there a way I could change it into one? If I got an attorney would there be anything they could do, or should I just accept the punishment on this one?

How would I prepare an opening statement around that, is that even possible since it doesn't refute the fact that I have in fact gotten four tickets in a twelve month period?

I just find it a bit absurd that I have to lose my license for 90 days to learn my lesson and what not when I haven't been pulled over in a year.

I'm still a bit confused as to who, if anybody, would be on the other side. Is it just the judge and myself or will a DA be there too?

Thanks in advance.

 

[FlyingRon]

There will only be the "judge" at the administrative hearing. He will also "prosecute" the case against you. Unless you can show that there is some error (like you got one of the tickets dismissed) your license will be suspended. The statute says "shall suspend."

Oh, and by the way, you'll pay $100 to get it reinstated as well (which you must proactively do, it's not just going to go valid by itself at the end of the period).

 

[and1player38]

There will only be the "judge" at the administrative hearing. He will also "prosecute" the case against you. Unless you can show that there is some error (like you got one of the tickets dismissed) your license will be suspended. The statute says "shall suspend."

Oh, and by the way, you'll pay $100 to get it reinstated as well (which you must proactively do, it's not just going to go valid by itself at the end of the period).

I really appreciate you getting back to me. So the only thing that is debatable is the fact of whether or not I actually got 4 tickets or not?

Thanks again. I may just call up the courts and cancel the petition.

 

[quincy]

Even if the proof against you is irrefutable and the suspension of your license assured due to this proof, you could still potentially argue for a restricted license (an occupational driver's license), which could allow you to drive up to 4 hours a day to go to and from work, to school, or to fulfill the terms of any probation (ie. to attend classes or complete community service hours, for instance).

You will have a slim chance of getting a restricted license if you have an experienced attorney with you at the administrative hearing. Your odds drop significantly if you attend the hearing without one.

 

[and1player38]

Thank you for the help.

I've read that the ALJ (Administrative law judge) cannot probate the suspension or grant occupational licenses (at least in Texas).

A SOAH Administrative Law Judge (“ALJ”) is an experienced attorney who issues pre-hearing orders, may conduct conferences before the hearing, and controls the course of the hearing. When the hearing on the merits is convened, the ALJ presides and listens to the parties’ evidence. After the hearing, the ALJ will consider the evidence and issue a final, appealable decision and order that will be sent to the parties. If the ALJ finds that DPS has proved its case, the ALJ’s order will authorize suspension of the driver’s license. If the ALJ finds that DPS has not proved its case, the license will not be suspended. The ALJ cannot probate the suspension or grant an occupational or hardship driver’s license.

About Administrative License Revocation (ALR) at the State Office of Administrative Hearings - Texas

That is off their own website; however, it's mentioned under ALR (Administrative License Revocation) instead of a driver's license suspension. I suppose the laws differ between the two?

If I am going to ask for the suspension to be probated how would I go about doing that?

Also if I wanted to request a continence do I have to do that at the beginning or does it not matter?

 

[FlyingRon]

You can't get this suspension probated. The word is "SHALL" in the statute. The hearing is to give you an opportunity to show that you somehow don't fall under the conditions that lead up to the "SHALL SUSPEND THE LICENSE". If you don't have that (which you appear you don't), you've really got nothing to gain at this hearing.

A probated suspension is possible if you were being suspended through a direct judicial action like it was part of your sentence for one of your infractions.

 

[and1player38]

You can't get this suspension probated. The word is "SHALL" in the statute. The hearing is to give you an opportunity to show that you somehow don't fall under the conditions that lead up to the "SHALL SUSPEND THE LICENSE". If you don't have that (which you appear you don't), you've really got nothing to gain at this hearing.

A probated suspension is possible if you were being suspended through a direct judicial action like it was part of your sentence for one of your infractions.

I do appreciate the help and I am glad to say I did get it probation for 90 days.

Administrative court wasn't bad at all. The judge asked me about the validity of the tickets and I barely touched on the fact my attorney botched one of my tickets. I simply explained it had been two years since I had received my last ticket which he noted. The person representing the DPS said she wanted to continue but the judge gave me probation instead.