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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115464
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Texas DPS has disqualified my commercial license. They do not

Customer Question

Texas DPS has disqualified my commercial license. They do not believe that I sat a 1 year suspension for a DWI I received in Wyoming 2010. Of course I did because that is Federal Law that you lose your commercial license for a year. Wondering if I have a case against Department of Public Safety. Thank You Chris
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have proof of the suspension being served, you have grounds and a right to file an appeal with DPS and go before a hearing examiner if they will not accept the evidence. However, that is the only case you can have, to reinstate your license, not for loss of income because the state has statutory immunity from all suits except for gross negligence and them taking time to process your documentation is not gross negligence (it requires them to violate some law for it to be gross negligence).
Customer: replied 1 year ago.
Isn't it negligence that put me in this situation? Someone didn't do their job and now I have to suffer for it. If they had done a full investigation they should have found that I went without a commercial license for at least 2 years. I did the crime and punished for it, now they are punishing me again. Double Jeopardy is how I see it. Thank You for your fast answer.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It may well be ordinary negligence, but the state has a law providing them statutory immunity from suit for ordinary negligence. This is called "sovereign immunity" and it goes all the way back to England where the sovereign king had the right to decide who could sue the king and for what.
It is also not double jeopardy because that applies to criminal penalties and this is an administrative issue.
I wish there were a law allowing us to sue these government agencies for being so slow in doing their jobs, but there is not I am sorry to say.