On June 15, 2023 a
Motion-Secondary
was filed
involving a dispute between
Le Roy, Andrew John,
and
The State Of Texas,
for Occupational Drivers License
in the District Court of Fort Bend County.
Preview
CAUSE NO. 073021
COUNTY COURT AT L
EX PARTE
TWO (2)
ANDREW JOHN LEROY
FORT BEND COUNTY, TEXAS
STATE'S RESPONSE TO PETITIONER’S PETITION
FOR AN OCCUPATIONAL DRIVER’S LICENSE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW THE STATE OF TEXAS, by and through its undersigned Assistant District
Attorney and submits the following esponse to Petitioner’s Petition for an Occupational License.
After review of the Petition, supporting documents, and the Criminal History of the Petitioner
The State of Texas is UNOPPOSED to the Petition;
The State of Texas OPPOSE to the Petition.
In support of this position, the State the following
Petitioner has not submitted a certified copy of his DPS Driving Record and/or,
Petitioner does not have a Texas Driver’s License Number and/or,
Petitioner has not submitted evidence of an SR 22 showing pre paid insurance for a coverage
period of six months; and/or,
Petitioner has been convicted of a DWI or other Alcohol Related Offense within the previous
five years; and/or
Petitioner has a Commercial Driver’s License (CDL); and/or,
Petitioner may pose a danger to the community and public safety, evidenced by PENDING
DWI (FBC).
Additionally, The State would further advise the Court of the following
Petitioner’s request exceeds or appears to exceed twelve hours in any 24 hour period based
on their occupation or stated hour requests; and/or
Petitioner’s past behavior and criminal history suggest that an interlock requirement would
appropriate as a condition of the Occupational License; and/or
Petitioner’s D.L. has been expired for more than two years and retesting is required; and/or
Petitioner is requesting a contemporaneous driving log; and/or
Petitioner should have a geographical limitation to Fort Bend County and its neighboring
counties; and/or
WHEREFORE, the State requests the Court to support its aforementioned stances and
concerns in its ruling and Order regarding the Petitioner’s Request for an Occupational License.
Additionally, the State requests that this filed esponse is included in the official record
on this matter and that the Court waive the State’s personal appearance at any subsequent hearing
regarding this matter, or alternatively Order the State to appear at any subsequent hearing, if State’s
personal appearance is deemed necessary.
RESPECTFULLY SUBMITTED,
Arsheilia Oliver, SBOT: 24128527
Assistant District Attorney
Fort Bend County District Attorney’s Office
UPDATED OCT 2021
Document Filed Date
June 16, 2023
Case Filing Date
June 15, 2023
Category
Occupational Drivers License
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CAUSE NO. 073021 COUNTY COURT AT L EX PARTE TWO (2) ANDREW JOHN LEROY FORT BEND COUNTY, TEXAS STATE'S RESPONSE TO PETITIONER’S PETITION FOR AN OCCUPATIONAL DRIVER’S LICENSE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW THE STATE OF TEXAS, by and through its undersigned Assistant District Attorney and submits the following esponse to Petitioner’s Petition for an Occupational License. After review of the Petition, supporting documents, and the Criminal History of the Petitioner The State of Texas is UNOPPOSED to the Petition; The State of Texas OPPOSE to the Petition. In support of this position, the State the following Petitioner has not submitted a certified copy of his DPS Driving Record and/or, Petitioner does not have a Texas Driver’s License Number and/or, Petitioner has not submitted evidence of an SR 22 showing pre paid insurance for a coverage period of six months; and/or, Petitioner has been convicted of a DWI or other Alcohol Related Offense within the previous five years; and/or Petitioner has a Commercial Driver’s License (CDL); and/or, Petitioner may pose a danger to the community and public safety, evidenced by PENDING DWI (FBC). Additionally, The State would further advise the Court of the following Petitioner’s request exceeds or appears to exceed twelve hours in any 24 hour period based on their occupation or stated hour requests; and/or Petitioner’s past behavior and criminal history suggest that an interlock requirement would appropriate as a condition of the Occupational License; and/or Petitioner’s D.L. has been expired for more than two years and retesting is required; and/or Petitioner is requesting a contemporaneous driving log; and/or Petitioner should have a geographical limitation to Fort Bend County and its neighboring counties; and/or WHEREFORE, the State requests the Court to support its aforementioned stances and concerns in its ruling and Order regarding the Petitioner’s Request for an Occupational License. Additionally, the State requests that this filed esponse is included in the official record on this matter and that the Court waive the State’s personal appearance at any subsequent hearing regarding this matter, or alternatively Order the State to appear at any subsequent hearing, if State’s personal appearance is deemed necessary. RESPECTFULLY SUBMITTED, Arsheilia Oliver, SBOT: 24128527 Assistant District Attorney Fort Bend County District Attorney’s Office UPDATED OCT 2021