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Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 1:31 pm
by LabRat
Several folks here posted that its a requirement, but without penalty.

If there's no penalty, then there is no crime right?

If there is no crime and police stop someone for no front plate and find, well, let's say something very gruesome (dead body, drugs, illegal aliens, Britney Spears CDs, etc.), a smart defense attorney might try to suppress all the evidence due to the improper stop.
How's that going to look?? How do the police explain that to the family?

The LEO's who will continue to enforce something that's not on the books appears to be selective enforcement to me - it smacks of a police state - not following the law.

Who hasn't heard of incidents (and seen video) where the police arrested someone when they knew full well no crime had been committed? They did it just because they could.

If the police are going to ignore that bit of legislation (intended or not), let's just let the police make up their own laws from now on and arrest everyone that doesn't meet with their approval?
Anyone here for that type of behavior?

If that scenario is carried far enough, then police could be charging folks for carrying a concealed weapon because, back in the day, it was illegal, even though now we have license. But, hey, they used to do, so now they keep doing it?

I think the police should uphold the current law as written, until its changed.
They should not be allowed to enforce what isn't there.
They can complain, just like the rest of us, but they're not so special that the laws don't apply to them.

I'm not beating on the entire police community; but police are a cross-section of the community at-large and are governed by the same laws and law-making process as the rest of us. (or should be).

Did someone in the Legislature get out of control when editing....sure, but it is what it is. And its the legislature's job to fix it if they want to.

This is my opinion and I have never been, am not now, nor never will be, a lawyer.

LabRat

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 5:11 pm
by rm9792
But it is still required to be there, so they can still stop you. You will get a $0 ticket but the stop is, unfortunately, legit. I have lost track of the number of stops in the last 20 years for no plate but have never paid a dime. They either issue a warning or the judge just dismissed it. I think that if they find drugs or Justin Beiber cd's then the evidence will stand as the plate is still required to be there. Maybe Rothstein or another LEO will weigh in here.

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 5:48 pm
by i8godzilla
rm9792 wrote:But it is still required to be there, so they can still stop you. You will get a $0 ticket but the stop is, unfortunately, legit. I have lost track of the number of stops in the last 20 years for no plate but have never paid a dime. They either issue a warning or the judge just dismissed it. I think that if they find drugs or Justin Beiber cd's then the evidence will stand as the plate is still required to be there. Maybe Rothstein or another LEO will weigh in here.
The fine may be $0.00 but I bet there will be court costs associated with processing the ticket. If you fail to address the ticket by pleading guilty, not guilty, or no-contest the chances are you may be charged with failure to appear. I can just see it now, someone having their DL suspended for failure to pay a $0.00 ticket.

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 6:22 pm
by Texas Dan Mosby
knotquiteawake wrote:Texas Lawmakers Accidentally Omit 2 License Plate Law
Some media coverage on the issue finally.
http://www.myfoxdfw.com/dpp/traffic/tex ... law-011112" onclick="window.open(this.href);return false;

Also, as I suspected:
Pertiz said officers will likely continue to issue tickets based on the original law and let the courts worry about it.
Sounds like an excellent approach to policing.

Issue fines, let the courts worry about it.
Arrest and detain citizens, let the courts worry about it.
Conduct searches of homes and bodies, let the courts worry about it.

If anyone resists? Shoot em'. The courts can figure it out later.

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 7:32 pm
by SwimFan85
Texas Dan Mosby wrote:
Pertiz said officers will likely continue to issue tickets based on the original law and let the courts worry about it.
Sounds like an excellent approach to policing.

Issue fines, let the courts worry about it.
Arrest and detain citizens, let the courts worry about it.
Conduct searches of homes and bodies, let the courts worry about it.

If anyone resists? Shoot em'. The courts can figure it out later.
http://abcnews.go.com/US/story?id=95836" onclick="window.open(this.href);return false;

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 7:36 pm
by C-dub
Hold on now. I thought they removed the requirement for both plates. Did they remove the requirement for the plates or the penalty?

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 9:33 pm
by apostate
Either way, you're still required to display the registration sticker and inspection sticker, so remember to keep them current.

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 9:39 pm
by C-dub
apostate wrote:Either way, you're still required to display the registration sticker and inspection sticker, so remember to keep them current.
Of course, but it seems that some are under the impression that the penalty was removed when it was actually the requirement to display both plates. I remember telling my wife about this over a month ago and we just saw it for the first time on the news last night. They said that the Dallas PD Chief said they were still going to stop folks without even just the front plate if they felt the need or something like that. My first thought was also that if they do find something else how are they going to make the case for probable cause when there wasn't any crime to begin with. Sounds a lot like the Minneapolis police chief saying they will continue to stop anyone that openly carries a gun even though it is legal.

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 11:54 pm
by Wes
So who is up for taking off their rear plate and letting us know how it works out tomorrow?! Huh, huh? Any takers? I'd love to remove mine...stupid red light cameras!

Re: Texas License Plate Law?????

Posted: Thu Jan 12, 2012 11:56 pm
by rm9792
C-dub wrote:
apostate wrote:Either way, you're still required to display the registration sticker and inspection sticker, so remember to keep them current.
Of course, but it seems that some are under the impression that the penalty was removed when it was actually the requirement to display both plates. I remember telling my wife about this over a month ago and we just saw it for the first time on the news last night. They said that the Dallas PD Chief said they were still going to stop folks without even just the front plate if they felt the need or something like that. My first thought was also that if they do find something else how are they going to make the case for probable cause when there wasn't any crime to begin with. Sounds a lot like the Minneapolis police chief saying they will continue to stop anyone that openly carries a gun even though it is legal.
This sure sounds like it was the penalty removed.
""As part of the update, the new law deleted the license plate statute, returning parts of it to Section 502.473 and 504.943. In moving around the legal language, the bill went through the entire legislative process without anybody noticing that a key line was deleted without providing a replacement: "An offense under this section is a misdemeanor punishable by a fine not to exceed $200.""

Re: Texas License Plate Law?????

Posted: Fri Jan 13, 2012 12:12 am
by AEA
Typical when you only work every two years....... :roll:

Re: Texas License Plate Law?????

Posted: Fri Jan 13, 2012 7:54 am
by C-dub
rm9792 wrote:
C-dub wrote:
apostate wrote:Either way, you're still required to display the registration sticker and inspection sticker, so remember to keep them current.
Of course, but it seems that some are under the impression that the penalty was removed when it was actually the requirement to display both plates. I remember telling my wife about this over a month ago and we just saw it for the first time on the news last night. They said that the Dallas PD Chief said they were still going to stop folks without even just the front plate if they felt the need or something like that. My first thought was also that if they do find something else how are they going to make the case for probable cause when there wasn't any crime to begin with. Sounds a lot like the Minneapolis police chief saying they will continue to stop anyone that openly carries a gun even though it is legal.
This sure sounds like it was the penalty removed.
""As part of the update, the new law deleted the license plate statute, returning parts of it to Section 502.473 and 504.943. In moving around the legal language, the bill went through the entire legislative process without anybody noticing that a key line was deleted without providing a replacement: "An offense under this section is a misdemeanor punishable by a fine not to exceed $200.""
It appears as thought I'm guilty of not reading all the way down. I only read the beginning part that removed the requirement. The parts in red are what was deleted from the code.
Sec.A502.473A[502.404].AAOPERATION OF VEHICLE WITHOUT
[LICENSE PLATE OR] REGISTRATION INSIGNIA. (a) [A person commits an
offense if the person operates on a public highway during a
registration period a passenger car or commercial motor vehicle
that does not display two license plates, at the front and rear of
the vehicle, that have been
:

Re: Texas License Plate Law?????

Posted: Fri Jan 13, 2012 7:53 pm
by Hoosier Daddy
AEA wrote:Typical when you only work every two years....... :roll:
I know I'm new to Texas but based on what I saw last year, I shudder thinking about the damage they would cause if they worked more.

It's like people complaining about Obama taking so many vacations. I think the country is safer the more he's on vacation.

Re: Texas License Plate Law?????

Posted: Fri Jan 13, 2012 8:14 pm
by C-dub
Hoosier Daddy wrote:
AEA wrote:Typical when you only work every two years....... :roll:
I know I'm new to Texas but based on what I saw last year, I shudder thinking about the damage they would cause if they worked more.

It's like people complaining about Obama taking so many vacations. I think the country is safer the more he's on vacation.
You might be on to something there.

Re: Texas License Plate Law????? First stop!

Posted: Mon Jan 16, 2012 4:45 pm
by rm9792
Okay, my 99 Dodge 4x4 has never had a plate on the fron. I have never been stopped in it for that either. DPS stops me for it and writes me a warning. I asked him what the ticket would be since there is no penalty but he really didnt understand. He was vietnamese and actually didnt seem to speak english well. I asked 3 diffrent ways what other ticket he could write for it and he said he would have to look it up, he didnt know. I dont think he was aware the law changed.