warning officers not to use this violation of law as grounds to establish probable cause for a stop. The previous roll call training recommended officers observe another traffic offense for which a penalty is prescribed to make a traffic stop.
After September 1, 2013, officers may resume relying on Section 504.939 as probable cause for a stop.
Didnt apply this the 3 times I was stopped on Bush for front plate in 2012-2013
It's back! Get ready! I posted this in the Political Forum as well so hopefully everyone gets a look at it.
Operation of Vehicles without two License Plates
All officers should be familiar with HB 625, a 2013 Texas Legislative amendment to Chapter 504 of the Texas Transportation Code.
In 2011, the Texas Legislature intended to separate the Transportation Code provisions requiring license plates from those requiring the actual registration sticker. The provisions that formerly made up Transportation Code Section 502.404 “Operation of a Vehicle without License Plate or Registration Insignia” were divided and now are present in Chapters 502 and 504 (the provisions regarding registration stayed in 502 and the provisions regarding license plates went to 504). When the Legislature did this in 2011, the penalty provision for not having two plates remained in Section 502 and was not duplicated in the Section 504 provision requiring license plates. The Police Department issued a roll call training after the 2011 Legislation passed warning officers not to use this violation of law as grounds to establish probable cause for a stop. The previous roll call training recommended officers observe another traffic offense for which a penalty is prescribed to make a traffic stop.
This year, the 2013 Texas Legislature passed HB 625 to fix this issue by adding Subsection (e) to provide a penalty provision. The amendment to the law fills the gap by making failure to display both license plates on a vehicle a misdemeanor punishable by a fine not to exceed $200. The new law takes effect on September 1, 2013. Until then, officers should continue to operate under the old roll call guidelines. After September 1, 2013, officers may resume relying on Section 504.939 as probable cause for a stop.
Effective September 1, 2013, Section 504.943 of the Texas Transportation Code will read:
§ 504.943. Operation of Vehicle Without License Plate
(a) Except as provided by Subsection (b), a person commits an offense if the person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates that:
(1) have been assigned by the department for the period; and
(2) comply with department rules regarding the placement of license plates.
(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate that:
(1) has been assigned by the department for the period; and
(2) complies with department rules regarding the placement of license plates.
(c) This section does not apply to a dealer operating a vehicle as provided by law.
(d) A court may dismiss a charge brought under Subsection (a)(1) if the defendant:
(1) remedies the defect before the defendant's first court appearance; and
(2) pays an administrative fee not to exceed $10.
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
The guy who came up with the brackets is a fellow submariner out here in VA. I have one on my cobra, very good fitment and quality. And best of all, you don't have to drill through your bumper.
I will know before too long as I'm hiring an attorney to fight my BS passing stationary emergency vehicle and no front plate citations I got from a DPS trooper a few weeks ago. I did an open records request and got a video/audio DVD of the troopers camera. Evidence is strongly in my favor based on what I heard/saw on the video on the passing ticket, so Ill have the attorney fight them both.
I will know before too long as I'm hiring an attorney to fight my BS passing stationary emergency vehicle and no front plate citations I got from a DPS trooper a few weeks ago. I did an open records request and got a video/audio DVD of the troopers camera. Evidence is strongly in my favor based on what I heard/saw on the video on the passing ticket, so Ill have the attorney fight them both.
I talked to a cop in Allen and he told me that their DA has instructed them not to ticket for front plates right now. NOW, he did say he expects it to get resolved quickly by way of a special session, but who knows how long that will talk. He said he wouldn't be suprised if other cities were still enforcing it and letting the courts sort it out.
Re-read that statute. It says "A person commits an offense if the person violates this subchapter in a manner for which a specific penalty is not provided.", so they can pull something out of their ass.
Black and white interpretation could be anything, no?
I think you missed the bold part below. Untied shoes have nothing to do with Title and Registration. Just because there is a general penalty section does not mean they can pull something out of their ass to charge you with.
SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES
CHAPTER 520. MISCELLANEOUS PROVISIONS
Sec. 520.036. GENERAL PENALTY. (a) A person commits an offense if the person violates this subchapter in a manner for which a specific penalty is not provided.(b) An offense under this section is a misdemeanor punishable by a fine of not less than $50 and not more than $200.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
So, if the language for punishment was omitted, this statute can fill in where it was left out.
Re-read that statute. It says "A person commits an offense if the person violates this subchapter in a manner for which a specific penalty is not provided.", so they can pull something out of their ass.
Black and white interpretation could be anything, no?
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