Parker County - TX
Hours of Operations
Monday – 9AM to 5PM
Tuesday – 9AM to 5PM
Wednesday – 9AM to 5PM
Thursday – 9AM to 5PM
Friday – 9AM to 5PM
Saturday – Closed
Sunday – Closed
Law Offices Of Richard C. McConathy
Driver’s licenses are essentially a necessity for most people living in Texas, and a person who has their license suspended can face an extraordinary number of problems without the ability to drive. It is not uncommon for some people to not realize their licenses were suspended until they are actually stopped by law enforcement officers in Parker County.
State law in Texas only allows failure to receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to a person’s license as a defense against driving while license invalid charges in certain circumstances. While some driving while license suspended offenses are only Class C misdemeanors resulting in fines, it is important for people to understand that a guilty plea can have some major consequences.
Were you arrested for allegedly driving while your driver’s license was suspended or otherwise invalid in Weatherford, Arlington, Grand Prairie, or another community in Parker County? It will be important for you to quickly seek legal representation so you can achieve the most favorable possible outcome in your case.
The Law Offices of Richard C. McConathy regularly defend individuals all over North Texas against a variety of traffic offenses. You can have us examine your case when you call (817) 458-3226 or contact us online to schedule a free consultation.
A person can have their driver’s license suspended for a wide variety of reasons in Texas. Some of the most common reasons include, but are not limited to:
It is also important to note that minors can also have their driver’s licenses suspended for a number of other offenses besides DWI. Convictions for buying alcohol or attempts to buy alcohol, public drunkenness, possessing or consuming alcohol, or misrepresentation of ages using a fake ID can all lead to driver’s license suspensions.
Under Texas Transportation Code § 521.457(a), a person commits a driving while license invalid offense if the person operates a motor vehicle on a highway:
Texas Transportation Code § 521.457(b) further states that a person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver’s license and the person operates a motor vehicle on a highway. Under Texas Transportation Code § 521.457(c), it is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Texas Transportation Code § 521.341.
Texas Transportation Code § 521.341 is the section of state law dedicated to requirements for automatic license suspension. The statute provides that except as provided by Texas Transportation Code §§ 521.344(d)-(i), a license is automatically suspended on final conviction of the license holder of:
Texas Transportation Code § 521.457(d) establishes that except as provided by Texas Transportation Code § 521.457(c), it is an affirmative defense to prosecution of an offense, other than an offense under Texas Transportation Code § 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person’s license. It should be noted that actual notice is presumed if the notice was sent in accordance with the law.
Driving while license invalid is generally a Class C misdemeanor, but the offense is a Class B misdemeanor if it is shown on the trial of the offense that the alleged offender:
Driving while license suspended is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Texas Transportation Code § 601.191 (operation of a motor vehicle in violation of motor vehicle liability insurance requirement) and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person.
Driving While License Suspended Penalties in Texas
Convictions for driving while license invalid can carry serious consequences for some offenses. Sentences could include the following penalties:
In addition to the penalties listed above, a person could also face possible surcharges of $250 per year for three years by the Texas Department of Public Safety (DPS). For renewal or issuance of a driver license, a person must complete each of the following:
TxDPS – Driving While License is Invalid (DWLI) | Texas DPS — Visit the Texas Department of Public Safety website dedicated to driving while license invalid offenses. Learn about different requirements for renewal or issuance of a driver’s license. Also, learn about occupational licenses and driver eligibility statuses.
Drumm v. State, 560 S.W.2d 944 (1977) — William Carlyle Drumm was convicted of driving while license suspended and was punished with a $25 fine and six months in jail, but argued the trial court erred when it overruled his motion to quash the information in this cause because it failed to give appellant sufficient notice of the nature of the operator’s license suspension relied upon by the state for conviction. The court overruled the motion to quash, but the Court of Criminal Appeals of Texas ruled that it cannot be claimed by the state, when there is a motion to quash on these grounds, that appellant knew the grounds for the suspension of his license. For failure to grant the motion to quash and provide adequate notice to Drumm of the charges against him, the judgment was reversed and the prosecution under this information was dismissed.
If you were arrested for driving with a suspended license in the greater Weatherford area of Parker County, you cannot afford to delay in getting yourself legal help. Do not wait to contact The Law Offices of Richard C. McConathy today.
Our firm will look at all aspects of your case and work to develop the strongest possible defense against criminal charges. Call (817) 458-3226 or contact us online to have us discuss your case with you during a free consultation.
Flying While Intoxicated
Third or Subsequent DWI
DWI with BAC over 0.15
Controlled Substances and DWI
DWI Test Refusal and Implied Consent
License Suspension Hearings
DWI with Child Passenger
Contesting Blood Alcohol Tests
Ignition Interlock Device
DWI with Property Damage
SR-22 / DWI Insurance