Essential Need License in County Court

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David Wilkerson
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1 Essential Need License in County Court C.D.L. LICENSE HOLDERS WILL NOT BE ABLE TO GET THIS TYPE OF TEMPORARY LICENSE. Essential Need License in County Court is for the person who may have 1 st or 2 nd DWI Offense, traffic violations, or conviction of possession of marijuana. The issuance for this temporary license would be for persons who has received a suspension in Fayette County or resides in this county. If none of the above situations apply to you please contact an attorney, or contact the Texas Department of Public Safety at You must contact the Fayette County Attorney s Office, , before making an application. The temporary license would be issued for 6 days a week and 12 hours per day. The hours may be broken down, but must not exceed 12 hours. You will have to list all the counties you would be traveling through, (if you travel from Austin to Houston you must identify ALL counties that you would be traveling through.) If your work schedule varies weekly then arrangements will have to be made with your employer while your license is suspended. If you travel throughout the state you will have to name all 254 counties. Complete the Petition for Restricted License Form and sign in front of notary public or clerk in the Fayette County Clerk s 246 W. Colorado; La Grange. All forms must be completed before submitting to the County Clerk, , and fees will need to be paid at this time. A hearing date will be set and you will be advised when to appear before Judge Edward Janecka. At the hearing you have to provide proof of SR22 insurance in your name. After the hearing and the Petition has been accepted you are to keep a certified copy of the Order Granting Defendant Restricted Texas Operator s License with you at all times and keep the travel log updated at all times. You will have to maintain a daily driving log current, failure to maintain your log could result in the suspension of the license for a longer period of time.

2 Before an occupational license can be issued, the following items must be submitted to the Texas Department of Public Safety ( ): 1. A certified copy of petition and a certified copy of a legally issued court order finding an essential need for operating a non-commercial motor vehicle and setting forth the conditions for such driving. Actual travel time does not have to be continuous but specific hours must be stated in court order and shall not exceed twelve (12) hours in any twenty-four (24) consecutive hours. 2. The filing of an SR-22 certificate and the maintenance of such proof of financial responsibility (an original certificate, NO PHOTOCOPY) is required. An insurance agent may assist you in obtaining the SR A $ fee for the issuance of occupational drivers license. ($10 for up to one year). If the suspension or revocation is over one year, you may apply for a two-year occupational license if permitted by the court order. An additional $10 fee is required for the second year. 4. $ statutory reinstatement fee is required to complete your Safety Responsibility fee requirements. 5. $ statutory reinstatement fee is required to complete your Driver Improvement fee requirements. 6. $ statutory reinstatement fee for the Administrative License Revocation (ALR). Effective , HB 63 increased the reinstatement fee for ALR suspension to $125. All fees must be paid before the Department may issue an occupational license. An occupational license cannot authorize the operation of a commercial motor vehicle. Return all specified items in one package to expedite issuance. Mail to: Occupational License Section Safety Responsibility Texas Department of Public Safety P. O. Box Austin, TX

3 NO. Petitioner IN THE COUNTY COURT OF FAYETTE COUNTY, TEXAS RE: RESTRICTED DRIVER S LICENSE Texas Operator s License No. PETITION FOR RESTRICTED LICENSE NOW COMES,, hereinafter styled petitioner, and files this Petition for Restricted License and in support thereof, would respectfully show this Honorable Court the following: I. That petitioner is/is not a resident of Fayette County, Texas, and that the attorney for the State is the County Attorney of Fayette County, Texas and may be served with notice in this cause of action at the Fayette County Courthouse. II. That on an order was issued suspending petitioner s license for days for the offense of. III. That there is an essential need for petitioner to operate a motor vehicle in the performance of an occupation and for transportation to and from where the petitioner practices his/her occupation. IV. That there is an essential need for petitioner to operate a motor vehicle along the routes of or areas of Fayette and, counties on the following days: between the hours of a.m. and p.m. V. A maximum of twelve hours in any twenty-four hour consecutive period provided that Petitioner maintains at all times a log showing his/her destination and purpose as it relates to his occupation, schooling, or essential household duties. Such log will be satisfactory if it is in a form approximately similar to the log format printed at the end of this Order.

4 IV. That petitioner has a valid policy of automobile insurance for minimum coverage of Twenty Thousand Dollars($20,000.00) because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, Forty Thousand Dollars ($40,000.00) because of bodily injury to or death of two or more persons in any one accident and Fifteen Thousand Dollars ($15,000.00) because of injury to or destruction of property of other in any one accident. WHEREFORE, premises considered, petitioner prays that the clerk of this Court send by certified mail a copy of this petition, together with the order setting hearing, to the Attorney for the State and that on final hearing the Court grant petitioner restricted operation of a motor vehicle for essential need and order the Texas Department of Public Safety to issue a restricted license to petitioner and for such other and further relief as the petitioner may show entitlement to the Court deem proper. Petitioner THE STATE OF TEXAS** COUNTY OF FAYETTE** Address City/State, Zip BEFORE ME, the undersigned authority, on this day personally appeared, known by me to be the person whose signature is affixed to the foregoing petition and who, after being duly sworn, on his/her oath stated that he/she has read the foregoing petition and that each and every allegation and statement herein contained is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, on this the day of, 20.

5 NO. Petitioner IN THE COUNTY COURT OF FAYETTE COUNTY, TEXAS RE: RESTRICTED DRIVER S LICENSE ORDER GRANTING DEFENDANT A RESTRICTED TEXAS OPERATOR S LICENSE On this day of 20, came to be considered the Verified Petition for a Restricted Texas Operator s License of, Petitioner, and Petitioner appeared in person and announced ready and the State waived notice and appeared by its County Attorney and announced ready and the Court having heard the pleadings and evidence finds the Petitioner s Texas Operator s License No.,will be suspended for day/years because Petitioner committed the offense of and that there is an essential need, namely, in the performance of his/her occupation and for transportation to and from the place where the petitioner practices his/her occupation, for the use of a motor vehicle on the following days between the hours of in Fayette and Counties, that four hour restriction should be waived, and that the Petitioner has a valid policy of liability insurance, and that the Texas Department of Public Safety should issue a restricted license to the Petitioner for a duration of the suspension period accordingly. It is therefore, ORDERED by this Court that the Petitioner, be and is here and now granted the use of a motor vehicle on the following days, between the hours of in Fayette and counties, the four-hour restriction is waived, and upon receipt of a certified copy of this order, the Petitioner s License and record of conviction, the Texas Department of Public Safety shall issue a restricted license to Petitioner. It is further ordered that the Petitioner be furnished a certified copy of this order at the Petitioner s expense and that a certified copy of this order be forwarded to the Texas Department of Public Safety. SIGNED AND ENTERED this day of, 20. Edward F. Janecka, County Judge A CERTIFIED COPY OF THIS ORDER MUST BE CARRIED BY THE NAMED PETITIONER AT ALL TIMES WHILE OPERATING A MOTOR VEHICLE. A PEACE OFFICER MAY EXAMINE THE CERTIFIED COPY UPON REQUEST WHEN PETITIONER IS OPERATING A MOTOR VEHICLE. IT IS AN OFFENSE TO OPERATE A MOTOR VEHICLE WHEN A CERTIFIED COPY OF THIS ORDER IS NOT CARRIED.

6 DATE TIME BEGAN TIME ARRIVED LOG FORMAT DESTINATION PURPOSE

OCCUPATIONAL DRIVER S LICENSE SUSPENDED OR REVOKED DRIVER S LICENSE

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