The Texas Department of Public Safety has ordered a suspension of my drivers license for a DWI charge that I went to the court and got a house arest sentence for 20 days now I have my license suspended under Texas Transportation Code Section 521.344; Section 522.089..........this also says that I need to get an SR-22 insurance, My question is: why am I instructed to get insurance when I can not drive or does the SR-22 allow me to drive?
Hello.By law, the SR-22 insurance is required by law from the date of conviction:http://www.txdps.state.tx.us/DriverLicense/sr22InsuranceCertificate.htmIt does not restore your right to drive. Once your suspension is over, you have provide the SR-22 and the reinstatement fee to reinstate your license. With the SR-22, you may be eligible to obtain an occupational license (meaning you could drive to and from work). You need to petition the court for an order authorizing an occupational license if you want to pursue that:http://www.txdps.state.tx.us/DriverLicense/OccupationalLicense.htm
So your saying that even though you are not allowed to drive you have to have insurance?
Yes, according to the law. If you don't have a car, however, you can get non-owner's SR-22 insurance, which is cheaper (and described in the first link I pasted above). But the law mandates the insurance from the time of the conviction.
Last question............I hired an attorney to represent me in court and he never mentioned that I would have to get a SR-22 insurance...........I was under house arrest at all times I was not at work........might this program excuse the need for the SR-22 insurance and should my attorney have informed me of this requirement?
The insurance is mandatory from the date of conviction and there isn't an exemption for being on house arrest. Your attorney likely didn't talk to you about it because it is considered separate from your criminal case, since it is not imposed by the judge, but rather the Department of Safety.
8 years of legal experience, including traffic law
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