My license were suspended back in 2005 due to an accident. The lawyer that had them suspended is retired and have no idea how to handle this. I take care of my 88 year old dad and I need to drive him to different places, so I need my license badly. W ...

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Question: 

My license were suspended back in 2005 due to an accident. The lawyer that had them suspended is retired and have no idea how to handle this. I take care of my 88 year old dad and I need to drive him to different places, so I need my license badly. What can I do?

Selected Answer: 

DakotaLegal's picture

 

 
Whatever your motivation is (and taking care of your dad is a good motive), the idea of going without a drivers’ license for these many, many years will mean several things. It is important as to why you really need a license, and we’ll talk about that later. First, though, we’ll look at some ways to get the evidence of why you lost your license and how to begin the process of getting your license back. Along the way, you’ll have some good options about getting either free or low-cost options.
 
There are four basic steps, in most cases, to getting a Texas driver’s license restored.
 
1. See if you can find the letter that Texas Department of Public Safety (DPS) has sent you regarding your license suspension. The notice should have specifically told you why your license was suspended, and also how to go about reinstating your privileges.
2. You will have to pay a reinstatement fee. The amount of the fee depends. Alcohol and traffic-related violated suspensions have fees of $100. If your license was suspended because you refused a blood or breath test, then you will pay $125.
3. You can get your needed forms from http://www.txdps.state.tx.us/internetforms /SectionDetail.aspx?ID=14&SpeclSection=Driver%20Improvement. Mail reinstatement form with fees, along with: (a) the suspension notice, (b) your name, birth date and driver license number to DPS. You can fax your paperwork (512-424-2848) or even use email.
4. Finally, you’ll need your proof of insurance by completing a SR-22. The SR-22 is crucial if your license was suspended due to an alcohol or drug or traffic-related offense and didn’t have car insurance.
Hopefully, the process can be done in fourteen days. If it doesn’t, then you may face some hurdles in getting evidence, legal help, and making an appeal of a denial. Let’s look at those possible issues.
 
 


  • Getting The Old Records

 
When a lawyer retires, they typically notify old clients about the fact. Try and recall if you received such a letter and kept a copy. Go to the old location and see if there remains a law office…it frequently happens that a retired  lawyer has left behind a related lawyer or associate. Also try the Texas Bar Association, which will help you locate the lawyer, and most importantly your old records. The Texas Bar is http://www.texasbar.com/ am/template.cfm?section=home.
 
You also have fairly broad rights to your old traffic records. Here’s a link spelling out what records you can access, and the proper agency (look especially at page 140): https://www.oag.state.tx.us/ag_publications/pdfs/publicinfo_hb.pdf.
 

  • Affordable Legal Help

 
Texas has some of the best legal aid services in the country. Here’s one place: http://texaslawhelp.org/. The Texas Bar also has a special program for those who can’t afford a lawyer… http://www.texasbar.com/AM/Template.cfm? Section=Can_t_ Afford_a_Lawyer_.
 
Besides their Pro Bono program, and speaking of retired lawyers, Texas Bar lawyers also offer you possible help through their emeritus (retired) lawyer program. http://www.texas bar.com/ Content/NavigationMenu/LawyersGivingBack/LegalAccess Division/ EmeritusProgram.htm.
 

  • Administrative Tasks

 
You can get a letter from a physician, noting limitations on your father’s ability to travel. Evidence that you are the primary caregiver will also help, if you need to prove the need for you to have a driver’s license. If your father is disabled, and he depends on your help, then he also has rights that might help you get your license on the basis of his being disabled. You can talk to the Texas disabilities advocacy group, with free legal help, by going here http://www.disabilityrightstx.org/ or by calling 1-800-252-9108.
 
If (for whatever reason) you can’t get approved for free or low-cost legal help, there are still options, through legal self-help. The good thing about self-help when it comes to suspended license is that an appeal begins in a fairly informal way. Just be sure to have all the evidence we talked about here, before you begin.

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DakotaLegal's picture

 

 
Whatever your motivation is (and taking care of your dad is a good motive), the idea of going without a drivers’ license for these many, many years will mean several things. It is important as to why you really need a license, and we’ll talk about that later. First, though, we’ll look at some ways to get the evidence of why you lost your license and how to begin the process of getting your license back. Along the way, you’ll have some good options about getting either free or low-cost options.
 
There are four basic steps, in most cases, to getting a Texas driver’s license restored.
 
1. See if you can find the letter that Texas Department of Public Safety (DPS) has sent you regarding your license suspension. The notice should have specifically told you why your license was suspended, and also how to go about reinstating your privileges.
2. You will have to pay a reinstatement fee. The amount of the fee depends. Alcohol and traffic-related violated suspensions have fees of $100. If your license was suspended because you refused a blood or breath test, then you will pay $125.
3. You can get your needed forms from http://www.txdps.state.tx.us/internetforms /SectionDetail.aspx?ID=14&SpeclSection=Driver%20Improvement. Mail reinstatement form with fees, along with: (a) the suspension notice, (b) your name, birth date and driver license number to DPS. You can fax your paperwork (512-424-2848) or even use email.
4. Finally, you’ll need your proof of insurance by completing a SR-22. The SR-22 is crucial if your license was suspended due to an alcohol or drug or traffic-related offense and didn’t have car insurance.
Hopefully, the process can be done in fourteen days. If it doesn’t, then you may face some hurdles in getting evidence, legal help, and making an appeal of a denial. Let’s look at those possible issues.
 
 


  • Getting The Old Records

 
When a lawyer retires, they typically notify old clients about the fact. Try and recall if you received such a letter and kept a copy. Go to the old location and see if there remains a law office…it frequently happens that a retired  lawyer has left behind a related lawyer or associate. Also try the Texas Bar Association, which will help you locate the lawyer, and most importantly your old records. The Texas Bar is http://www.texasbar.com/ am/template.cfm?section=home.
 
You also have fairly broad rights to your old traffic records. Here’s a link spelling out what records you can access, and the proper agency (look especially at page 140): https://www.oag.state.tx.us/ag_publications/pdfs/publicinfo_hb.pdf.
 

  • Affordable Legal Help

 
Texas has some of the best legal aid services in the country. Here’s one place: http://texaslawhelp.org/. The Texas Bar also has a special program for those who can’t afford a lawyer… http://www.texasbar.com/AM/Template.cfm? Section=Can_t_ Afford_a_Lawyer_.
 
Besides their Pro Bono program, and speaking of retired lawyers, Texas Bar lawyers also offer you possible help through their emeritus (retired) lawyer program. http://www.texas bar.com/ Content/NavigationMenu/LawyersGivingBack/LegalAccess Division/ EmeritusProgram.htm.
 

  • Administrative Tasks

 
You can get a letter from a physician, noting limitations on your father’s ability to travel. Evidence that you are the primary caregiver will also help, if you need to prove the need for you to have a driver’s license. If your father is disabled, and he depends on your help, then he also has rights that might help you get your license on the basis of his being disabled. You can talk to the Texas disabilities advocacy group, with free legal help, by going here http://www.disabilityrightstx.org/ or by calling 1-800-252-9108.
 
If (for whatever reason) you can’t get approved for free or low-cost legal help, there are still options, through legal self-help. The good thing about self-help when it comes to suspended license is that an appeal begins in a fairly informal way. Just be sure to have all the evidence we talked about here, before you begin.