One of the biggest problems facing someone arrested for DWI conviction is the suspension of his license. Rather than attempt to explain the detailed process from beginning to end over the phone to someone still reeling from the news that his license is suspended, I will send them the following letter about seven days before his license is suspended.
The letter serves as a good outline that a driver can use to keep street legal with all of the insurance and proper licensing that we come to expect from our fellow drivers.
The letter:
Mr. Joe Blow
San Antonio, Texas 78232
Dear Mr. Blow,
In the event that your driver’s license is suspended you may be eligible to obtain an occupational driver’s license. This license will permit you to drive to and from work and in the performance of household duties. An occupational driver’s license will typically permit you to drive twelve (12) hours a day, six (6) days a week in specified counties. We must meet the following requirements to obtain an occupational license:
OBTAIN SR-22: You must contact an insurance carrier to obtain an SR-22. This form is issued by the State of Texas and shows that you maintain financial responsibility for your automobile for the duration of your suspension. Please contact me for more information regarding this requirement.
FILL OUT SR-37: The SR-37 contains the same information usually found on your driver’s license. These forms are available in my office. It will be filed with the Department of Public Safety. You must fill out the SR-37 before I file the petition requesting the occupational license.
THE PETITION: I must draft a petition (a lawsuit) and file it with the appropriate court. In this petition I must include (1) the hours of the day you wish to drive, (2) the days of the week you wish to drive, and (3) the counties in which you wish to drive. You must sign this petition in front of a notary public. Once I file the petition, I must present it to a judge for his or her signature. County Clerks charges a filing fee of $182 for the filing of the Petition. These filing fees are your responsibility as stated in our contract. Please contact me to discuss the exact amount. Once the petition is signed, I must have certified copies of the order made.
REINSTATEMENT AND DEPARTMENT OF PUBLIC SAFETY FILING FEE: The Department of Public Safety (“DPS”) charges a fee of $125 to reinstate your driver’s license and a $10 fee to process your occupational driver’s license. Please send a check for $135.00, made payable to Sam H. Lock. I will then write a check from my client trust account to DPS to pay for the Reinstatement and DPS filing fee. (Note: You may combine the $135.00 DPS filing fee with the County Clerk filing fee so that you only have to send one check.)
If you have any questions, please call.
Sincerely,
Sam H. Lock
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