Monday, August 9, 2010

fort worth expunction lawyer

in Texas, drivers have their licenses suspended or revoked for many reasons. When a person is notified of a suspension or a revocation, they may request a hearing to determine whether the grounds for suspension or revocation are true. These hearings are required after a timely request, and they must occur either in municipal court or justice court in the county in which the person requesting the hearing resides.

If you are unclear about these tarrant county license revocation hearingand how they work, don’t worry—you aren’t the only one. According to Texas Department of Public Safety (DPS), it has become clear that these hearings very often occur in courts that have been conducting them for a long time and still conduct them on a regular basis. In other words, there is usually a standing arrangement between DPS and these courts.

If the Department of Public Safety makes a determination that a license is to be suspended or revoked, the department must notify the person by first class mail. Notice is considered received on the fifth day after the notice is mailed. In the notice of suspension or revocation, the department must provide information about the person’s right to a hearing and how they can request one. Hearings shall be held if the department receives a hearing request no later than the 15th day after the person received notice of the suspension or revocation.

A hearing shall be held at the earliest practical date, but not earlier than the 11th day after the person requesting the hearing is notified of the hearing. Hearings can also be continued on a motion of the requesting person, the department, or to accommodate the docket of the presiding officer. A request for a hearing stays a suspension or revocation of a person’s license until the presiding officer makes a final decision. If a person requests a hearing and fails to appear without just cause, the person waives the right to a hearing, and the department’s determination is final.

The average Drive While Intoxicated (DWI) arrestee is not the average criminal offender. In fact, many of them are model citizens of the community. Because there is no criminal intent required to commit this offense, most DWI offenders are arrested and convicted without ever intending to break the law. Even people who speed have a greater criminal intent than the average DWI defendant. Because of their “unique” characteristics, they should be considered more carefully in plea negotiation and sentencing by all parties involved.

The license revocation hearing lawyer fort worth has a duty to listen to his or her clients and find out what is most important to them. More importantly, they should follow the client’s wishes in pursuit of successful disposition of their case. They always remember that deciding whether or not to enter a plea of guilty or not guilty is a CLIENT DECISION, not a lawyer’s.

By evaluating DWI from the offender’s viewpoint, fort worth expunction lawyer can not only more adequately deter repeat offenders, but also more properly (and less emotionally) punish an individual for the crime that has been committed. The client should be advised about all possible consequences of both the plea and the trial to help them make an informed decision about the case.