When Can The District Attorney Contest An ODL Petition

Occupational Drivers License Questionnaire

214-321-4105

 

Attorney For Occupational License

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Most people who petition for an occupational license need it following a conviction for a specific driving offense or following a driving while intoxicated conviction. Usually, an ODL petition goes unopposed by the District Attorney for the county where the petition is filed. However, a petition may be opposed and the District Attorney may intervene if they feel it is in the best interest of society to prevent the petitioner for operating a motor vehicle at all. The statutes regarding ODL hearings allow for participation of the District Attorney in certain ODL petition scenarios and it is optional in others. Here are the cases where the District Attorney has a right to be present and formally object to an ODL petition:

 

  1. An offense under Section 49.04 of the Texas Penal Code: Driving While Intoxicated
  2. An offense under Section 49.07 of the Texas Penal Code: Intoxication Assault
  3. An offense under Section 49.08 of the Texas Penal Code: Intoxication Manslaughter
  4. An offense under Section 19.05 of the Texas Penal Code: Criminally Negligent Homicide
  5. An offense under Section 521.342 of the Texas Transportation Code: Under 21 Years Old DWI, Possession, etc.
In any other ODL petition case, the hearing for granting the ODL order may be done ex parte, or without the other party (District Attorney in this case) present during the hearing. We have never seen a District Attorney insist on being present at an occupational license hearing for an individual whose license was suspended for a reason other than those listed above. And, in most cases, the District Attorney waives their right to be present when the offense is just for a DWI conviction. Even when the person is charged with a DWI second or more, the District Attorney rarely objects. The few times that a District Attorney has made an objection to an ODL, they have not presented evidence and the judge granted the ODL regardless of their objection.
Dallas Occupational License Attorney

Dallas Occupational License Attorney

It is important to know and understand what are the state’s rights when petitioning for an occupational license. We have the experience to properly advise and argue for an occupational license when necessary. Do not attempt to do so on your own without proper representation. For a review of your occupational license or for a free consultation, please do not hesitate to contact our office at the numbers listed below. Thank you.

1) By Phone – 214-321-4105

2) In Person – We are located at 8360 Lyndon B Johnson Freeway, #260 and are available Mon – Friday from 9:00 a.m. – 5:00 p.m.

3) Via Live Chat 

4) By Email – You can email our office by filling out the form on THIS PAGE