Motion-Secondary: Andrew John Le Roy vs The State of Texas

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                                23-CCV-073021                                                 Electronically Filed
                                                                                                       6/15/2023 2:43 PM
                                Fort Bend County - Court at Law 2                                           Laura Richard
                                                                                                            County Clerk
                                                                                                Fort Bend County, Texas



  ANDREW       JOHN LE ROY                                     IN THE COUNTY        COURT
  ¥
  THE STATE OF TEXAS
                                                               AT LAW NUMBER                   OJ
  License No
  Birth Date: March
                 [J 1986

  Re:   Occupational Driver's License                          FORT BEND COUNTY, TEXAS

               ORDER GRANTING OCCUPATIONAL                    DRIVER'S LICENSE
        On this day came to be considered the Verified Petition for an Occupational Driver's

License of ANDREW        JOHN   LE ROY,     Petitioner, who appeared in person with counsel and

announced ready.

        The Court finds that:

        1      Petitioner's Texas driver's license was suspended on or about June 9, 2023 for

refusing a breath/blood test following an arrest for driving while intoxicated in Fort Bend County.

        2      There is an essential need for Petitioner to operate and drive a motor vehicle to

perform his occupation or trade or for transportation to and from where Petitioner practices his

occupation or trade, and in the performance of necessary household duties.

        3      There is a sufficient showing of the necessity for waiving the 4 hour restriction and

that Petitioner should be allowed, authorized and granted the right to operate a motor vehicle

pursuant to the driver's license ordered herein for a period not to exceed      12 hours in any 24

consecutive hours.

        4      Petitioner has not had a prior suspension arising from an alcohol or drug related

enforcement contact in the five years preceding the arrest.

        5      Petitioner has a valid policy of liability insurance as required by the Texas Motor

Vehicle Safety-Responsibility Act.
6         The Texas      Department    of Public Safety should        issue an occupational      driver's

license to Petitioner for a duration of the suspension period, accordingly.

        It is, therefore, ORDERED        by this Court, that Petitioner, ANDREW           JOHN     LE ROY, be

and is here now granted an occupational driver's license and use of a motor vehicle on the following

days, times, routes and areas, and the four hour restriction is waived, and the I2 hour period is

granted to-wit:

                                                Days & Time:
        Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday not to exceed [2
        hours in any consecutive 24-hour period.     Petitioner shall maintain and carry a
        contemporaneous driving log to prove to any peace officer that Petitioner is not driving
        more than [2 hours in any consecutive 24-hour period. Petitioner shall provide said driving
        log to the court or any law enforcement officer of the State of Texas upon request.

                                                    Counties

                  All Texas counties

        It is further ORDERED that:

        I         This   order    granting    Petitioner's     occupational   driver's   license   is   effective

immediately.

        2         Petitioner may use a copy of this Court order as an occupational Texas driver's

license for 45 days after the date this order becomes effective.

        3         The Texas Department of Public Safety shall issue to Petitioner an occupational

Texas driver's license, referring on its face to this order of the Court.

        4         The clerk of this Court shall furnish Petitioner with a certified copy of this Order,

at the Petitioner's expense.

        5         The clerk of this Court shall forward a certified copy of this order to the Texas

Department of Public Safety, together with Petitioner's license, as required.
6       Petitioner must attend a program approved by the Court that is designed to provide

counseling and rehabilitation services to persons for alcohol dependence.

       SIGNED on



                                             JUDGE PRESIDING

A CERTIFIED COPY OF THIS ORDER MUST BE CARRIED BY THE NAMED PETITIONER
AT ALL TIMES WHILE OPERATING A MOTOR VEHICLE. A PEACE OFFICER MAY
EXAMINE THE CERTIFIED COPY UPON REQUEST WHEN PETITIONER IS OPERATING
A MOTOR VEHICLE. IT IS AN OFFENSE TO OPERATE A MOTOR VEHICLE WHEN A
CERTIFIED COPY OF THIS ORDER IS NOT CARRIED.
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.




Envelope ID: 76665042
Filing Code Description: Petition
Filing Description: Occupational Driver License
Status as of 6/16/2023 2:01 PM CST

Associated Case Party: The State of Texas

Name              BarNumber | Email                                 TimestampSubmitted | Status

Brian Middleton               FBCDA.eService@fortbendcountytx.gov | 6/15/2023 2:43:41 PM   | SENT