My question involves criminal law for the state of: Texas
Background:
In September 2009, I received a 3rd DWI. Following the 40 day grace period, in October 2009 my license was automatically suspended. I went to court in March 2010, and was sentenced to 5 months in county jail followed by probation. I was released in September of this year.
I am now trying to apply for my occupational license, but am having some difficulty. My current lawyer has been stringing me along for 3 months now, and finally I was told that they are unable to get my occupational license right now, and I will need to wait 3 more months.
I am told the reason is due to this statute of the Texas penal code:
Now, according to my attorney, this is 1 year from the date of my conviction, which was March of this year, meaning I cannot apply for the license until March 2011.
However, I feel this is incorrect, because my license itself was actually suspended in October 2009, which would make me eligible for the license right now.
I contacted DPS myself a couple of days ago, and I was told that according to their system, I am in fact eligible for the occupational license right now. I have placed in calls to two other attorneys, but haven't had my phone calls returned yet, so in the meantime I am hoping someone here could possibly shed some light on whether I am in the right here, or not.
Not having the license is causing issues with my probation, because I am unable to work without being able to drive, and I need to get this issue taken care of ASAP, so I can move forward with things. It's really frustrating now, I've put myself through rehab, been sober for over a year now, and am trying to move on with my life, but am hung up on this one thing. Any advice/help is greatly appreciated.
Background:
In September 2009, I received a 3rd DWI. Following the 40 day grace period, in October 2009 my license was automatically suspended. I went to court in March 2010, and was sentenced to 5 months in county jail followed by probation. I was released in September of this year.
I am now trying to apply for my occupational license, but am having some difficulty. My current lawyer has been stringing me along for 3 months now, and finally I was told that they are unable to get my occupational license right now, and I will need to wait 3 more months.
I am told the reason is due to this statute of the Texas penal code:
So due to the fact that I have two priors, I must wait a period of 1 year from the date my license was suspended, before I can be issued an occupational license.
Now, according to my attorney, this is 1 year from the date of my conviction, which was March of this year, meaning I cannot apply for the license until March 2011.
However, I feel this is incorrect, because my license itself was actually suspended in October 2009, which would make me eligible for the license right now.
I contacted DPS myself a couple of days ago, and I was told that according to their system, I am in fact eligible for the occupational license right now. I have placed in calls to two other attorneys, but haven't had my phone calls returned yet, so in the meantime I am hoping someone here could possibly shed some light on whether I am in the right here, or not.
Not having the license is causing issues with my probation, because I am unable to work without being able to drive, and I need to get this issue taken care of ASAP, so I can move forward with things. It's really frustrating now, I've put myself through rehab, been sober for over a year now, and am trying to move on with my life, but am hung up on this one thing. Any advice/help is greatly appreciated.