One of the many annoying things about getting arrested for drunk driving in Houston, Harris County, Texas is having to get an occupational driver's license if the
ALR hearing is lost. Luckily, the filing system just got easier by this new law.
CHANGES IN THE FILING OCCUPATIONAL DRIVER'S LICENSE AND A.L.R. APPEALS EFFECTIVE JANUARY 3, 2012
ON JANUARY 1, 2012 HB 79 granted the Harris County Criminal Courts at Law concurrent jurisdiction with the Harris Civil Courts at Law of (1)petitions for Occupational licenses resulting from a driver's refusal to take, or failure of an alcohol breath or blood test; and (2) appeals from ALR administrative hearings.
Beginning January 3, 2012
1. All PETITIONS FOR OCCUPATIONAL LICENSES will be filed with the District Clerk through the public service office on the 3rd floor at 1201 Franklin Street.
2. All APPEAS OF ALR ADMINSTRATIVE HEARINGS will be filed with the District Clerk through the public service office on the 3rd floor at 1201 Franklin Street.
3. The current procedure for setting Occupational Licenses will continue and apply to ALR APPEALS.
4. The judges, at their January Meeting, will review draft local rules implementing the expansion of their jurisdiction.
5. The current designation (R) following the case number will continue to identifyODL petitions filed after a defendant is convicted.
6. The designation (X) following the case number will continue to identify
ODL petitions filed after a defendant's license is suspended under Chapters 524, and 724 Trans Code.
7. The designation (X) following the case number will identify appeals from an
ALR Administrative hearing.
8. The filing fee for a post- conviction ODL or
ALR appeal is
$220.00.
9. The filing fee for a petition appealing an ALR administrative hearing is
$220.00.
10. The filing fee for a petition appealing an ALR administrative hearing and requesting an
ODL $440.00.
11. The District Clerk will notify the Houston Office of The Department of Public Safety via email.
12. There is an $11.00 fee when a person or attorney seeks to amend an existing
ODL order.
RULES OF ATTRACTION
1. THE CURRENT RULE WILL CONTINUE: an
ODL petition will be attracted to the court to which the criminal case was assigned, is pending, or was disposed by entry of judgment of conviction or community supervision.
2. The ALR APPEAL will be attracted to the court to which the criminal case was assigned.
3. IF no criminal case was filed an ODL petition resulting from an
ALR suspension or an
ALR APPEAL will be randomly assigned to a court.
4. If the criminal case was dismissed, an ODL petition resulting from an
ALR SUSPENSION or an
ALR APPEAL will be randomly assigned to a court.
PENDING PETITIONS AND APPEALS
1. Petitions for ALR occupational licenses filed with the Harris County Clerk's Office before January 1, 2012 will continue to be heard by the county criminal court at law judges until those cases are disposed.
ALR appeals filed with the Harris County Clerk's Office before January 1, 2012 will continue to be heard by the county civil court at law judges until those cases are disposed.
If you have been charged with DWI, you need a Houston DWI lawyer. Call me today.