EASY
REFERENCE
TO FIND
THE MEANING OF
TEXAS TRAFFIC & OTHER SO-CALLED VIOLATIONS
AGAINST NON-COMMERCIAL ACTIVITY
BEING UNCONSTITUTIONAL
BOOK # 777-A3
(2013)
INFORMATION
COLLECTED
By
San Jacinto
Constitutional Study Group
Eastern
Div. Western Div. Southern Div. Northern Div.
Civil Rights Investigators
P.O.Box
1697 6763 Hwy 6 South P.O.Box 982 1504 Memorial Ln. Court
Watchers
Channelview,
Texas 1100-120
Alvin, Texas
Conroe, Texas
TPZ
[77530] Houston, Texas TPZ
[77511] TPZ
[77304]
TPZ [77083]
TOO MUCH TO LEARN
EASY REFERENCE
DEALING WITH TRAFFIC & OTHER SO-CALLED VIOLATIONS
This was created for reference only. It was never
intended as legal advice or to replace legal advice. It is recommended to seek a competent
attorney (good luck with that) and show this information to him/her and
let him/her show you where the information is wrong, before using any of
it. It is recommended that all
information found in this Easy Reference should be verified by the user, before
using any of it or believing in any of its contents.
BUYER BEWARE - This was intended to be given freely other
than copying cost.
THIS REFERENCE MAY
SHOW YOU THAT YOUR GRANDPARENTS TAUGHT YOUR PARENTS WRONG, AND IN TURN, YOUR PARENTS TAUGHT YOU WRONG, WHICH
MADE YOU TEACH YOUR CHILDREN WRONG ABOUT TRAFFIC AND
OTHER LAWS.
IF YOU ARE
THE POSTERITY OF THE PEOPLE WHO CREATED THIS GOVERNMENT, THEN YOU ARE NOW THE KING OR QUEEN WHICH CREATED THIS
GOVERNMENT.
WHY WOULD THE KING OR QUEEN ALLOW A PUBLIC SERVANT TO
MAKE A LAW THAT WOULD PUT THE KING OR QUEEN IN JAIL?
MAYBE THEY REALLY HAVEN’T. MAYBE WE ALLOW OURSELVES TO
BE PUT IN JAIL BY CONSENT, OR THEY DO IT ONLY BECAUSE THEY HAVE THE GUNS. {“Rule of 45”}
WHEN WAS THE LAST TIME YOU ASKED A PUBLIC SERVANT TO
SHOW YOU THE LAW THAT YOU HAD VIOLATED?
DID YOU GO LOOK IT UP? DID YOU SEE
HOW THE LAW WAS PASSED? DID YOU FIND
WHERE IN THE CONSTITUTION ALLOWED THAT PUBIC SERVANT TO PASS THAT LAW AGAINST
YOU?
WOULD IT MAKE YOU MAD
IF THAT LAW HAD NOTHING TO DO WITH YOU, BUT SOME LAWYER SAID IT DID AND MADE YOU PAY A FINE THAT YOU DIDN’T OWE?
HOW MANY SPEEDING TICKETS HAVE YOU PAID, WHERE YOU
WERE BEING REASONABLE & PRUDENT, BUT
JUST HAPPENED TO BE GOING FASTER THAN
SOME SIGN?
OH, I KNOW WHAT YOU’RE THINKING !! THERE HAS TO BE A LAW TO REGULATE OUR INDISCRETIONS AND, THE GOVERNMENT KNOWS WHATS BEST FOR US!!!
BUT, DO YOU REALLY THINK THE GOVERNMENT HAS THE AUTHORITY TO MAKE A LAW TO MAKE YOU AND YOUR NEIGHBOR TO GET
OUT OF YOUR HOUSE EACH MORNING AND
DO JUMPING JACKS IN YOUR FRONT YARD?
NO?
THEN WHY DO YOU THINK THEY HAVE THE AUTHORITY TO MAKE
YOU JUMP DOING OTHER ACTIVITES THAT HARM NO ONE?
YOU’VE GOT
TIME TO KEEP YOUR BLINDERS ON; STOP; DON’T TURN THE PAGE !
NOW YOU DONE IT.
WELCOME TO BAZARRO WORLD OF REALITY
TABLE OF CONTENTS
[Transportation Code] PAGE
FIRST THINGS FIRST (KISS)
..................................................................... 1
DRIVER LICENSE
........................................................................................ 4
TEXAS DRIVERS LICENSE ACT
.............................................................. 7
More-Recent History (courts said no
drivers license) ..................... 9
Updating the Transportation Code
very carefully .......................... 10
Special drivers/ licenses for
illegal Mexicans, et al. ......................... 13
OPERATING
................................................................................................... 14
SPEEDING [Signs,
Section 201.904] ................. 15
STOPPING
...................................................................................................... 15
Stop Signs, Stop Lights, Speeding
Cameras, Red-Light Cameras ..... 15
Failure to Stop, Rolling Stop,
Incomplete Stop ................................ 16
SAFETY INSPECTION –
VEHICLE ........................................................... 16
REGISTRATION – VEHICLE
...................................................................... 18
SEAT BELTS [Section
545.413] ............................. 20
Click It Or Ticket (or Not?)
FINANCIAL RESPONSIBILITY
.................................................................. 21
“Texas Sure” Vehicle Insurance Verification (tying up the loose
peasants) 22
CERTIFICATE OF TITLE [Chapter 501]
................................... 22
FAILURE TO IDENTIFY
............................................................................... 23
ARRESTED
...................................................................................................... 24
FAILURE TO APPEAR
.................................................................................. 27
SPECIAL APPEARANCE
.............................................................................. 27
INDICTMENTS AND INFORMATIONS ..................................................... 28
COMPLAINTS
................................................................................................. 31
PERSON
............................................................................................................ 33
JURISDICTION
............................................................................................... 33
Jurisdiction in Texas
Criminal Code Of Procedure ......................... 34
Jurisdiction in Texas
............................................................................ 39
DUE PROCESS ................................................................................................. 40
BEFORE ARRAIGNMENT
............................................................................ 42
ARRAIGNMENT
.............................................................................................. 42
PRE-TRIAL
....................................................................................................... 43
TRIAL
............................................................................................................... 44
MOTIONS
(notice of location and Table of Contents for all Motions) ....... 44
See also Appendix B ............................................................................. 127
AFFIDAVITS
..................................................................................................... 44
CERTIFICATE OF SERVICE
........................................................................ 45
ORDER
............................................................................................................... 46
BILL OF DISCOVERY
.................................................................................... 47
ACCUAL DISCOVERY
................................................................................... 50
BILL OF PARTICULARS ............................................................................... 51, 53
NOTICES
........................................................................................................... 55
Appendix A, Fig. 1 (Constructive Notice) .................................... 57
Appendix A, Fig, 2 (2nd Constructive Notice…) .......................... 60
TABLE OF CONTENTS
(Continued)
PAGE
JUDGES
.............................................................................................................. 62
PROSECUTORS
............................................................................................... 63
CLERKS
............................................................................................................ 65
OATHS
.............................................................................................................. 67
PUBLIC INFORMATION ACT
..................................................................... 69
OPEN MEETINGS ACT
................................................................................. 74
OBJECTIONS
................................................................................................... 76
FINDINGS OF FACTS AND CONCLUSIONS OF LAW ............................ 76
VENUE
............................................................................................................... 78
UNITED STATES DISTRICT
COURT ......................................................... 78
APPEALS – FEDERAL
................................................................................... 79
STATE COURTS – All
...................................................................................... 80
APPEALS – STATE
.......................................................................................... 81
APPEALS CHECK OFF LIST
........................................................................ 82
MUNICIPAL COURT
...................................................................................... 86
JUSTICE OF THE PEACE
.............................................................................. 86
COUNTY COURTS
........................................................................................... 87
STATE DISTRICT COURTS
........................................................................... 88
TEXAS SUPREME COURT
............................................................................. 88
MANDAMUS
...................................................................................................... 89
TEXAS ETHICS COMMITTEE
...................................................................... 90
Filing a Complaint on a Texas Judge
.................................................. 90
CONTEMPT
...................................................................................................... 96
BARRATRY
...................................................................................................... 96
DAMAGES
........................................................................................................ 98
REDEMPTION
................................................................................................. 99
CASE CITES
..................................................................................................... 100
U.S. CONSTITUTION
..................................................................................... 110
TEXAS CONSTITUTION ............................................................................... 113
UNITED STATES CODE (ass’t’d Titles—see INDEX) ..................... 118
LETTER TO DPS
............................................................................................. 134
DEFINITIONS (a glossary)
.................................................... 138
BADGES
............................................................................................................ 143
COMMENTS
..................................................................................................... 143
INDEX
............................................................................................................... 144
Appendix B (modern Motions list) ........................................................... 127
*****************
FIRST THINGS FIRST
KISS - Keep It Simple
Stupid
We Learn For Our Children’s Sake
It is Our Job To Protect Them and To Teach Them To Protect Themselves
You have to look at the knowledge that you are about
to absorb as the same type of knowledge that you have absorbed over the years
that keep you and your family safe every day. Do you know how to use a fire
extinguisher? This is very important thing to know even though hopefully you
may not ever use the knowledge. There is no wasted knowledge, because you never
know what or who may be saved by the knowledge you have acquired.
If you are one of these people that must watch a
certain soap opera and it comes on a certain time of the day, invest in a DVR
that can record your must see shows where you will have no excuse to learn. You
see, recording a program where you can fast forward the commercials, before
long you have saved that hour you can use studying this information. See, you have no excuse. You do have the time to
learn and the time to create the paperwork to make the public servants jump and
realize that you are not cost effective to mess with. Isn’t this what we all
want, just to be left alone?
This is not about saving time and money. Like going to
a college you may not ever use the knowledge you were force fed, but if that
door opens, you will be glad that the knowledge was available and you took
advantage of it when the opportunity arose.
You must continually study to update your knowledge of
legal matters. This book is just a reference to that knowledge you will absorb.
You must go to court and watch the judges and the attorneys and see how they
interact with each other. It is not like you see on TV. You may find court
hearing on the Internet, where you can watch at home, but there is nothing like
being there in person, to see the railroad going down the track. After a
while you will be able to talk to attorneys after the hearing and ask him/her why
they didn’t do this or that for their client. You will see firsthand that
finding a competent attorney is like looking for the Holy Grail. It may take
some time. You must learn why the attorneys and judges do what they do. Read
the rules. Telling someone how to do
some certain thing and not being in or had been in that situation, is
like: making a map to a certain place,
having never been there yourself.
You may make some mistakes, which may keep them from getting to their
destination. Try to find someone that’s
been there and done that and ask questions.
Stop the Rumor. It is your responsibility to confirm
the information that you are
relying on. If you believe a liar and will not take the time to confirm the
information is true and reliable, you have no one but yourself to blame.
Try to anticipate what the outcome will be if you do a
certain thing, in a certain way. Think before you act. The rules will tell you
the deadline to do a certain thing, if you read them. You must read the rules
that the courts have to go by. You cannot expect anyone to listen to you if you
are using rules for baseball, when you are in a football game. Ask for the
local rules of court from the court clerk. The Texas
website: http://www.statutes.legis.state.tx.us/ will allow you to down load the
criminal procedure and the website: http://www.statutes.legis.state.tx.us/ will allow you to download the civil rules
that you need.
The City Attorney must have the delegated authority from the County
or District Attorney or other authority to represent the State as a
prosecutor. Ask for it. – Per Rule 12 of
the Texas Rules of Court.
Learn to ask effective questions - If you cannot answer my questions, who can? Who is your supervisor? What department are you in?
1. Learn
how to read for understanding.
2. Understand
that there is a chain of command.
3. Everyone
in that chain of command has a certain Duty.
4. Understand what those duties are and
sue for what they did not do and
not for what they did.
5. Write
letters for information, if they do not answer, use the UCC.
6. Write
a Notice per the
UCC-1-201.25, .26 & .27. Look it up.
States and Cities get their rights from Charters, not
the Constitution.
Always answer a question with another Question: isn't it?, doesn't it ?
Always ask pertinent questions like: When was Officer SOinSO dispatched, what are
their official duties, what are his duties, who dispatched him, when was he
dispatched, who is his superior, what are his duties, by what authority was he
ordered to that act? Can you send me the
employment status of Officer SOinSO, can you send me a copy of the order
directing the officer to do this act, etc. ...
Always state facts in the extreme mode - example: Instead of, “The Officer asked for me to
remove my clothes” - The same fact: " The Officer removed my
clothes." If this is denied, then
it establishes that if something was not done in this manner, then something
must have been done in some other manner—but was it lawful? Make them transverse the issue.
A judge cannot be sued by what he does in his Judicial
Capacity, but you can sue by what he does not do Administratively — like making
sure your rights were not violated. You will always look in the rules (as rules
change all the time) where the judge and his staff “shall” do this and
that. If you don't know what they are
supposed to do, how can you sue them for what they don't do?
Remember you are suing for what they didn't do, not for
what they did. You sue for - Omission to
secure to the party injured, the Bill of Rights, - failure to perform a legal
obligation, or to do or refrain from performance of some act.
Local Rules of Court is a good starting point. You can
get a copy from the court clerk, or find it on the Internet. Local Rules will
show what the judge needs to do, what his/her staff is supposed to do, and what
you obligations are that the judge expects you to get done in a certain time.
The Government has the obligation to secure rights
to the injured party as enumerated in the Constitution or specified in Article
9 of the Bill of Rights. If they don't,
they have violated their Fiduciary Duty and can be sued for what they didn’t
do.
The only way you can bring in violations of your Civil
Rights in a Tort Claim, is not by stating Title 42 in your statement, but just
the reasonable expectations of your Civil Rights—like ‘to feel secure in my
home.’ You want to imply, but not say
directly, your rights have been violated.
Precedence: City and Justice of the Peace Courts has to
go by what the Texas Constitution says and what the County Courts say, what the
State District Courts say, what the Texas Appellate Courts say, what the Texas
Supreme Court and the Texas Criminal Court of Appeals say and what the Federal
Courts say and what the United States Supreme Court say. The County Courts has
to go by the Texas Constitution and what the State District Courts say, what
the Texas Appellate Courts say, what the Texas Supreme Court and the Texas
Criminal Court of Appeals say and what the Federal Courts say and what the
United States Supreme Court say; and what the Federal Courts say. The State
District Courts has to go by the Texas Constitution, what the Texas Appellate
Courts say, what the Texas Supreme Court and the Texas Criminal Court of
Appeals say and what the Federal Courts say and what the United States Supreme
Court say.
Reference all documented
statements with exhibits proving each conclusive point.
Very
Important – There must be a
foundation of all exhibits that you intend to use to prove your case. An
affidavit is the easiest
source that can be done to provide a foundation to each and every piece of
evidence that you intend to use. You must establish how and when you came to
obtain the evidence that you intend to submit in open court. If there is an
objection to your evidence and the judge sustains the object, you must ask the
jury to be excused to make an offer of proof in open court, so that the record will
show the exhibit was denied to be shown to the jury so that the appellate court
can review it. Affidavits must be rebutted by affidavit or Affidavits can be
rebutted, by a motion to strike, if the affiant will not be available to be
cross-examined about the affidavit in open court.
An example: “Plaintiff’s/Defendant’s Exhibit ? is a
true and correct copy of a letter I received at my home by the United States
Postal Service in February, 2012 purporting to be from Blank Rome LLP law firm
claiming to represent Bank of America and responding to a letter I sent back in
May, 2011.”
Today you can use express mail, priority mail or other
means that the envelope can be tracked to the delivery point. Many like to use
Certified Mail Green Cards as Exhibits showing delivery of documents that were
not responded to, but a printout of the tracking record of the mailing can be
used as Exhibits as well. Always be able to prove that an envelope was
delivered to its designation purporting to contain the information that was sent.
Remember not to put Your Personal
Feelings into any documents, which are sent to the Respondent. Keep it Business-Like.
Re -Read your pleading documents and take out or
rephrase any items in which you have put Your Personal Feelings. Have a relative review the grammar, they may
see something that you missed. Keep to the Facts ONLY. Learn what material
facts are.
TORT SUIT Has to
Have:
Parties and Captions
Opening Statement - factual statement, less than one page.
Jurisdictional Statement - Federal - Title 28
-or- State - Texas Constitution
Article 5 Section 8
Venue Statement - Where it happened, City & County
Statement of Facts - Separate Statements - Numbered. - How you have been Damaged
Cause of Action
- Numbered - How that you arrived that you were damaged. - Numbered
Damages -
Actual, Expenses, Compensatory and Exemplary or Punitive - Numbered
Declaratory Judgment - state everything that is a Right to you and a Duty of the judge to
do. - Numbered
Any other - Judgment that the Court deems necessary to
Order.
When you send out a notice, you should specify in
(Hours) as well as days to respond, from the time they receive it (which will
include weekends and holidays in their response time). Normal time to respond is 30 days (720
hours), then 20 days (480 hours), then 10 days (240 hours), then 3 days (72
hours), then 2 days (48 hours).
***
STANDING: Standing is the prime consideration in
Federal Court and also in state court. To
have a “standing” in court, the Plaintiff must establish
a personal stake in the outcome. You must satisfy the Constitutional standard. This derives from case and controversy from
Article III and it has two components, they are;
1. The Plaintiff
must establish injury in fact. This
is generally economic
injury but can also be esthetic, or environmental; but the injury must arise from the
governmental conduct being complained against.
The court is very
liberal in this item. It is commonly
used in civil cases.
2. Redress ability. The relief sought must eliminate the harmal edge. The court is very strict in this item.
***
As Stated by the late Dan Meador “Consequently, there must be more focused strategy
that engages the contest in
judicial and political forums in such a fashion as to force general disclosure. We aren’t going to secure reliable individual
remedies until we secure general
remedies. But even before that,
we’re going to have to come
to grips with what we’re dealing with, and the mechanics of how it operates.”
*****************
DRIVER LICENSE
For many years, the Texas Legislature has used the
appearance of power (authority) to "license" everything the Texas state wants to regulate, including using
one's private property to travel upon the public highways, for one's own
convenience and pleasure under the Right to Travel. The Right to Travel, to go from place to
place as a means for a transportation permit, is a natural right subject to
rights of others and to reasonable regulation under law. (See) Shachtman
v. Dulles, 225 F. 2d. 938, 941 (1955).
{Apparently, since the state cannot
constitutionally license (charge money for a privilege that would
otherwise be illegal—see below) our right to travel freely to assemble, etc.(See
Article 1, Section 27 of the Texas Constitution); the ‘powers that be’ decided
they would license driving as we know it—a natural person guiding an engine
powered road-machine, as if it were a vehicle, e.g., an electric-motor vehicle, as if it were being used for commercial business
purposes. It’s a strange,
apparently-gray area which the ‘powers that be’ who make revenue from
licensing, registering, tickets/citations and/or serving as lawyers, judges,
& etc. have evidently colluded to accept loose definitions under the color
of law to regulate and control our activity.
The public servant’s pay and the fines/fees extracted from the public,
creates a conflict of interests. Judge,
who do you work for? “The City”. Judge, who does the prosecutor work for? “The
City”. Judge, who does the police officer work for? “The City”. Judge, if you
find me guilty and make me pay a fine, who gets the money? “The City”. Judge,
is there any incentive for you to find me not guilty? “No, in fact, dismissing
your case might reflect on my retirement”. The common people do not understand
that if they ALL would just say “Not Guilty and I want a trial by jury”, all
the courts would be cooked within 30 days, as there would not be enough days or
nights in the years to come to have that many jury trials. Now what if ALL
people that got a ticket said “Not Guilty and I want a trial by jury” for 60
days or 90 days? When do you think your trial would come about, 2042? You could
stick a fork in them, they would be done, but the public knows that they may
have to take off another day of work and it is just more cost effective to pay
them off. So here we are, the few of us that state, "it does not matter
that it cost me $1000 in lost work, I will not be cost effective for the system.
You will earn every penny you extract from me every time you write me that
ticket and one of these days, you will pay me for writing me that ticket".}
The Driver's Privacy Protection Act was enacted
by the U.S. Congress on August 24, 1994.
The purpose of this legislation is to prohibit the disclosure of
personal information from motor
vehicle records except
under specific circumstances.
General Rule Of Texas Privacy Act, Texas Transportation Code, Chapters 730:
Personal Information contained in Motor Vehicle Records may not
be disclosed to the public.
The purpose of this chapter is to implement 18 U.S.C.
Chapter 123 and to protect the interest of an individual in the individual's
personal privacy by prohibiting the disclosure and use of personal information contained in
motor vehicle records, except
as authorized by the individual or by law.
Ever been to www.publicdata.com,
so much for the privacy act.
Trans. Code, Sec. 521.001. Definitions
(a) In this chapter:
...
(3) "Driver's license" means an authorization issued by the department
for the operation of a motor vehicle. The term includes:
(A) a temporary
license or instruction
permit; and
(B) an occupational license.
...
(6) "License" means an authorization
to operate a motor vehicle that is issued under or granted
by the laws of this state. The term
includes:
(A) a driver's license;
(B) the
privilege of a person to operate a motor
vehicle regardless
of whether the person holds a
driver's license; and
(C) a nonresident's operating privilege.
(Susp/Rev): Suspension or Revocation at the
discretion of the licensing agency. This action is based on either (1) on
habitually reckless or negligent vehicle operation or (2) on habitual
violation of the traffic laws.(8) Tran. Code §§521.163, 521.294(a) &
(b)(4)(9)
Look at Sec. 521.001(a)(6)(B) again, above!
You have a license whether you get one or not.
You could be or operate in commerce
under “privilege” without a license—you could even be a non-resident [see 521.001(a) (6)(C)].
You’re operating on “the privilege,”
if you cannot show a driver license that you do not
hold, no worries, the Texas Legislature has declared that you have the
privileged license either way!! Bazaar
Suspension-Not
more than 1 year. Tran. Code §521.306(b)
A "license" is defined as:
"... the permission by competent authority to do
an act which, without such permission, would be illegal, a trespass, or a
tort."
PEOPLE v. HENDERSON, 218 NW. 2d, 4.
"Leave to do a thing which licensor could
prevent."
WESTERN ELECTRIC CO. v. PACENT REPRODUCER CORP., 42
F.2d 116, 188.
"...(its object) is to confer right or power
WHICH DOES NOT EXIST without it and exercise of which, without license would be illegal." (emph.
added)
INTER-CITY COACH LINES v. HARRISON, 157 SE 673, 676.
A license confers no
right and is, "mere leave to be enjoyed as a matter of indulgence at the
will of the party granting it."
CITY OF CARBONDALE v. WADE, 106, 111. App. 654.
"A permit, granted by an appropriate governmental
body, generally for consideration, to a person, firm, or a corporation, to pursue SOME OCCUPATION or to CARRY ON SOME
BUSINESS which is subject to regulation under the police power." (emph.
added)
ROSENBLATT v. CALIFORNIA STATE BD. OF PHARMACY, 158 P. 2d 199, 203.
"A license fee is a charge made primarily
for regulation, with the fee to cover costs and expenses of supervision or
regulation." State v. Jackson, 60 Wisc.2d 700; 211 NW.2d 480, 487
NOTE: The
word ‘Driver License’ as indicated on that card in your pocket, issued to
you by the DPS, has no basis in Texas Law when you read the Texas Drivers
License Act below. There are only three
types of licenses—operators, commercial operators & chauffeurs—stated in Texas Law. Here you
find that operator is the owner of
the business, commercial operator is the driver
for the operator, while chauffeur is someone who carries people for hire. Driver License is used by color of law, but
created no actual charge of itself.
Trans. Code, Sec.524.001 – Definitions (1999 code) (2000 moved it to 521.001)
" 'Driver's license' has the
meaning assigned by Section 1, Chapter 173, Acts of the 47th Legislature,
Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
Statutes). The term includes a license
or license to operate a motor vehicle as defined by that section of
that Act."
Now look at the 1941 (& only) Act,
with some history from the court. Then
continue on to look at the revised Transportation Code that follows.
TEXAS DRIVERS LICENSE ACT
1941 Texas Legislature
47th Regular Session; Chapter 173;
Vernon's Annotated Civil Statutes Art. 6887b; H.B. No.
20
Drivers License Law
An Act providing for licensing of operators, commercial operators, and chauffeurs; defining certain terms; providing for certain
exemptions; prohibiting issuance of license to certain persons; making it
unlawful for certain persons to operate a school bus or any motor vehicle while in use as a public or
common carrier of persons; providing for application for operators',
commercial operators', and chauffeurs' license; repealing Subsection (c) of
Section 4 of Article 911A and Subsection (b) of Section 4 of Article 911B,
Revised Civil Statutes; providing for signing of application of minors and
cancellation of minor's license upon application and/or death of signatory; providing
for examinations of applicants for operators', commercial operators', and
chauffeurs' licenses, and providing the Director shall have the authority to
re-examine licensee when said licensee is found incapable of operating a motor
vehicle; providing for the issuance of operators', commercial operators', and
chauffeurs' license, and duplicates thereof; providing for the issuance of
restricted operators', commercial operators', and chauffeurs' license;
providing a penalty for a violation of the restrictions imposed and for the
revocation or suspension of restricted licenses; relating to the carrying of a
license by the licensee and exhibiting same; prescribing the amount of fees and
providing for the collection of same by the Department of Public Safety and the
disposition of same; providing for the time of expiration of licenses and for
renewal of same; providing for notice to the Department of changes of address
or name of licensee; providing for certain records to be kept by the Department
of Public Safety; relating to the authority of the Department of Public Safety
to suspend, revoke, or cancel licenses; providing for time, place, and manner
of holding hearings before the Department of Public Safety; providing for the
period of suspension by the Department; proving for the automatic suspension of
licenses upon conviction of certain offenses; providing for the surrender and
return of license to the Department upon suspension; providing for court to
forward license to Department and report convictions and defining
"conviction" and providing that a suspended sentence shall not
mitigate against automatic suspension of license on conviction of certain
offenses; prohibiting the operation of motor vehicle under foreign license
during suspension or revocation in the State; providing authority of the
Department of Public Safety to suspend or revoke license and to suspend
privileges of nonresidents and report convictions, and to suspend resident
license upon conviction in another State; providing for the cancellation of
licenses under certain conditions; providing for the right of appeal when
license denied or cancelled, suspended or revoked by Department, except where
such suspension or revocation is automatic; providing the filing of the
petition of appeal shall abate said suspension until the trial herein provided
for shall have been consummated and final judgment thereon shall have the right
of trial by jury and his license shall not be suspended pending the appeal;
prohibiting the driving of motor vehicle while license or privilege is
cancelled, suspended or revoked; making it unlawful to commit certain other
acts; providing authority of the Department of Public Safety to require
accident reports and providing a penalty for failure to report; providing for
forms of accident statistics and reports and making such reports confidential;
providing for a penalty for violation of the Act, and providing for a maximum
fine in certain instances; repealing all laws and parts of laws in conflict
herewith, and particularly Senate Bill No. 15, Chapter 466, Page 1785, General
Laws, Second Called Session, Forty-fourth Legislature, as amended by House Bill
No. 16, Chapter 369, Page 752, Regular Session, Forty-fifth Legislature;
providing a saving clause; and declaring an emergency.
Be it enacted by the Legislature of the State of
Texas:
Article I
Words and Phrases Defined
Section 1 Definition of
words and phrases.
The following words and phrases when used in this Act
shall, for the purpose of this Act, have the meanings respectively ascribed to
them in this title.
(a)"Vehicle." Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved by human power or
used exclusively upon stationary rails or tracts.
(b)"Motor Vehicle." Every vehicle which is self-propelled and
every vehicle which is propelled by electric power obtained from overhead
trolley wires, but not operation upon rails. {This
was intended for electric motors, but is loosely interpreted by the powers to
include engines.}
(j) "Persons." Every natural person, firm, copartnership, association, or corporation. {‘Natural person’ looks like it could be a human, but look
at the NOTE below!}
(l)"Driver." Every person who drives or is in actual
physical control of a vehicle.
(m)"Operator." Every person, other than a chauffeur or commercial operator, who is in actual physical control of a motor vehicle upon a
highway. {Do
parts (l) & (m) imply “operator” = “driver”? But pg.13 below notes “operator” is the
business owner.}
(n)"Commercial Operator." Every
person who is the
driver of a motor vehicle designed or
used for the transportation of property, including all vehicles used for
delivery purposes, while said vehicle is being used for commercial or delivery
purposes.
(o)"Chauffeur." Every
person who is the
driver for wages, compensation, or hire, or for fare, of a motor vehicle transporting passengers.
{NOTE: Notice that “natural
person” is not defined above. In Black’s Law Dictionary you
will find the term "ejusdem generis"
- meaning - of the same kind, class or nature. When you look at the
definition of “person” above and you look at the list of items and see that the
list is “of the same kind, class or nature”, then simply adding the term
“natural” preceding “person” does not change the “kind”, “class” or “nature” of
the list. Example: “Fruit” means natural person, apple, banana, or grapes. Then
in legalese, ‘natural person’ would be still be a fruit, whether or not what
the definition would be in a standard dictionary. Always remember that a “term”
may have a different definition than the same spelled “word”. You should not
presume that a term found in legalese has the same common meaning of a word
found in a standard word dictionary.}
"The term 'operator' is declared generally to include all persons, firms, associations,
and corporations who operate motor vehicles upon any public highway in the
state and thereby engage in the transportation of persons or property for hire
or compensation." Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26-27.
"Section 1 excludes from the definition of the term 'operator' everyone 'who solely transports by motor vehicle his or its own property, or employees, or both, and who transports no persons or property for hire or compensation.'" Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 28.
Article II
Issuance of License, Expiration, and Renewal
Sec. 2. Drivers
must have license
No person, except those hereinafter expressly exempted, shall drive any motor
vehicle upon a highway
in this State unless such person has a valid license as an operator, a commercial operator, or a chauffeur under the provisions of this Act. {This seems to distinguish “operator” from business “commercial
operator.” See note above.}
…
Article VI
Sec. 46. Constitutionality
If any part or parts of this Act shall be held to be
unconstitutional,* such unconstitutionality shall not affect the validity of
the remaining parts of this Act and the Legislature hereby declares that it
would have passed the remaining parts of this Act if it had known that such
part or parts thereof would be declared unconstitutional.
* {And we can only assume this means as decided by whoever
is in power, e.g., the TX Supreme Court—and you might have to go there to rebut
it.}
******************************
MORE-RECENT
HISTORY
Some folks had
to go to court due to lack of drivers licenses or renewing them. A few folks got the attention they deserved,
in that very gray area in which the courts love to raise revenue--
Here is how the
Appellate Criminal Courts of Texas have answered this request:
“The court has
held that there is no such license known to Texas Law
as a "driver's license.”
(Frank John
Callas v. State, 167 Tex. Crim. 375; 320 S.W. 2d
360. 1959)
And…
“We have held
that there is no such license as a driver's
license known to our law.”
(Claude D.
Campbell v. State, 160 Tex. Crim. 627; 274 S.W.
2d 401. 1955)
And…
“An information charging the driving of a motor vehicle upon a public
highway without a driver's license charges no offense,
as there is no such license as a driver's license known to the law.”
(Keith Brooks v.
State, 158 Tex. Crim. 546; 258 S.W. 2d 317.
1953)
And…
“There being no
such license as
a "driver's" license known to the law, it follows that the
information, in charging the driving of a motor
vehicle upon a highway without such a license, charges
no offense.”
(W.
Lee Hassell v. The State, 149 Tex. Crim. 333; 194 S.W. 2d 400.
1946)
So those people
fought the county courts and went to Appeals and won.
For some reason
at those times, the Appeals Court felt the urge to tell the truth and follow
the law. All courts should go by their
example, we can only wish!
So let’s tie all this together.
In the
mid-1990s, some things were changed, and in very recent times, suddenly the
Legislature got around to appearing to fix things.
Danny Murphy points
out:
“These
cases are real and their statements were true at the time that they were
made. However, in 1995 the Legislature provided a definition of driver's
license at §
521.001(3), so that driver's license is now known to Texas law. The problem now is that the licenses being
issued are not those named in the Driver License Law of 1941, and I know of no act specifically
authorizing the currently issued "licenses". Some might say that because the
Transportation Code makes reference to these other licenses then, if nothing
else, these licenses were implicitly authorized, not a way I care to go.
“Interestingly,
the Legislature also made provision for a more general license at § 521.001(6)
that includes (A) a driver's license; (B) the privilege of a person to operate a motor vehicle regardless of whether the person
holds a driver's license; and (C) a nonresident's operating privilege.
Part (B) may be recognition of the right to travel under a theory of rights
reserved under the Texas Bill of Rights and powers not delegated to the State.
“Also,
there may be an exemption to the license requirement under § 521.027(2) for the operation of a road
machine on a
highway. Road machine has not been defined anywhere in Texas statutes, and a search of the term on the
Internet turns up all kinds of cars, trucks, motorcycles, and other
conveyances. When a word has not been defined in a act, then one must
turn to other sources for its definition. However, previous attempts at
this in court have not been successful.
“One problem with all of this, though, is
having a Texas certificate of title. The Texas Certificate of Title Act states at §
501.004(a) that it “applies to a motor vehicle owned by the
state or a political subdivision of the state.” The existence of a
certificate of title is at least prima facie evidence that the car is owned by
government. Government has the right to keep track of and regulate the
use of its property. Plates on a car show that it is or has been
registered. Registration requires that
there be a certificate of title. Once it is registered, all the other
requirements come into play such as inspection, insurance, etc.”
So here’s what
the License became within the Transportation Code (by 8/2/08)
TRANSPORTATION CODE
SUBTITLE B. DRIVER'S LICENSES AND PERSONAL
IDENTIFICATION CARDS
CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES
SUBCHAPTER A. GENERAL PROVISIONS
§ 521.001. DEFINITIONS.
(a) In this chapter:
(1) "Department" means the Department
of Public Safety.
(2) "Director" means the public safety
director.
(3) "Driver's license" means an authorization issued by the department
for the operation of a motor vehicle. The term includes:
(A) a temporary license or instruction permit; and
(B) an occupational license.
(4) "Gross combination weight rating"
has the meaning assigned by Section 522.003.
(5) "Gross vehicle weight rating" has
the meaning assigned by Section 522.003.
(6) "License" means an authorization to
operate a motor vehicle that is issued
under or granted by the laws of this state.
The term includes:
(A) a driver's license;
(B) the privilege of a person to operate a motor vehicle regardless of whether the person
holds a driver's license; and
(C) a nonresident's operating privilege.
(7) "Nonresident" means a person who is not a resident of this
state.
(8) "State" means a state, territory,
or possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
(9) "Image comparison technology" means
any technology that is used to compare facial images, thumbprints, or
fingerprints.
(b)
A word or phrase that is not defined by this chapter but is defined by
Subtitle C has the meaning in this
chapter that is assigned by that subtitle.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by:
Acts 2005, 79th Leg., Ch. 1108, § 3, eff. September 1, 2005.
...
§
521.004. PENAL CODE REFERENCES. In this chapter:
(1) a reference to an offense under Section
49.04, Penal Code, includes an offense under Article 6701l-1, Revised Statutes,
as that law existed immediately before September 1, 1994;
(2) a reference to an offense under Section
49.07, Penal Code:
(A) means only an offense under that section
involving the operation of a motor vehicle; and
(B) includes an offense under Section 6701l-1,
Revised Statutes, as that law existed immediately before September 1,
1994; and
(3) a reference to an offense under Section
49.08, Penal Code:
(A) means only an offense under that section
involving the operation of a motor vehicle; and
(B) includes an offense under Section
19.05(a)(2), Penal Code, as that law existed immediately before September 1,
1994.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 521.005. RULEMAKING AUTHORITY. The department may adopt rules necessary to
administer this chapter.
Added
by Acts 1997, 75th Leg., ch. 165, § 30.72, eff. Sept. 1, 1997.
...
SUBCHAPTER
B. GENERAL LICENSE REQUIREMENTS
§ 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not
operate a motor vehicle on a highway in
this state unless the person holds a driver's license issued under this chapter.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
...
§
521.025. LICENSE TO BE CARRIED AND
EXHIBITED ON DEMAND; CRIMINAL PENALTY.
(a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of
vehicle operated; and
(2) display the license on the demand of a magistrate,
court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a
driver's license as required by
this section.
(c) A person who violates this section
commits an offense. An offense under
this subsection is a misdemeanor punishable by a fine not to exceed $200,
except that:
(1) for a second conviction within one year after
the date of the first conviction, the offense is a misdemeanor punishable by a
fine of not less than $25 or more than $200;
and
(2) for a third or subsequent conviction within
one year after the date of the second conviction the offense is a misdemeanor
punishable by:
(A) a fine of not less than $25 or more than
$500;
(B) confinement in the county jail for not less
than 72 hours or more than six months;
or
(C) both the fine and confinement.
(d) It is a defense to prosecution under this
section if the person charged
produces in court a driver's license:
(1) issued to that person;
(2) appropriate for the type of vehicle
operated; and
(3) valid at the time of the arrest for the
offense.
(e) The judge of each court shall report promptly
to the department each conviction obtained in the court under this section.
(f) The court may assess a defendant an
administrative fee not to exceed $10 if a charge under this section is
dismissed because of the defense listed under Subsection (d).
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, § 4,
eff. September 1, 2007.
§
521.026. DISMISSAL OF EXPIRED LICENSE
CHARGE. (a) A judge may dismiss a charge of driving with
an expired license if the
defendant remedies this defect within 20 working days or before the defendant's
first court appearance date, whichever is later.
(b) The judge may assess the defendant an
administrative fee not to exceed $20 when the charge of driving with an expired
driver's license is dismissed
under Subsection (a).
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th
Leg., R.S., Ch. 1027, § 5, eff. September 1, 2007.
§ 521.027. PERSONS EXEMPT FROM LICENSE REQUIREMENT. The following persons are exempt from the
license requirement
imposed under this chapter:
(1)
a person in the service of the state
military forces or the United States while the person is operating an official
motor vehicle in the scope of
that service;
(2) a person while the person is operating a road machine, farm tractor, or implement of husbandry on a
highway, unless the vehicle is a commercial motor vehicle under Section 522.003;
(3) a nonresident on active duty in the armed
forces of the United States who holds a license issued by the person's state or Canadian province of residence; and
(4) a person who is the spouse or dependent
child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or
Canadian province of residence.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
...
[And good grief, what’s THIS brand new?]
{FYI: Illegals welcome??---
§
521.032. ENHANCED DRIVER'S LICENSE OR
PERSONAL
IDENTIFICATION
CERTIFICATE.
(a) The department may issue an enhanced driver's license or personal identification certificate for the purposes of
crossing the border between this state and Mexico to an applicant who
provides the department with proof of United States citizenship, identity, and
state residency.
...
(b) The department shall implement a one-to-many
biometric matching system for the enhanced driver's license or personal identification
certificate. An applicant for an
enhanced driver's license or personal identification certificate must submit a
biometric identifier ...
...
(f) The department may enter into a memorandum of
understanding with any federal agency for the purposes of facilitating the
crossing of the border between this state and Mexico. The department may enter into an agreement
with Mexico, to the extent permitted by federal law, to implement a border
crossing initiative authorized by this section.
...
Added
by Acts 2007, 80th Leg., R.S., Ch. 258, § 21.01, eff. September 1, 2007. }
*****************
OPERATOR
OPERATOR
Today we assume that a
"traveler" is a "driver," and a "driver" is an
"operator." However, this is not the case.
"It will be observed from
the language of the ordinance that a distinction is to be drawn between the
terms `operator' and `driver'; the `operator' of the service
car being the person who is licensed
to have the car on the streets in the business of
carrying passengers for hire; while the `driver' is the one who
actually drives the car. However, in the actual prosecution of business, it was possible for the same person
to be both `operator' and `driver.'"
Newbill v. Union
Indemnity Co., 60 SE.2d 658
Trans. Code, Sec. 542.002. Government Vehicles
A
provision of this subtitle applicable to an operator of a vehicle applies to the operator of a vehicle
owned or operated by the United States, this state, or a political
subdivision of this state, except as specifically provided otherwise by this
subtitle for an authorized emergency vehicle.
Sec. 601.006.
Applicability to Certain Owners and Operators.
If an
owner or operator of a motor vehicle involved in an
accident in this state does not have a driver's license or vehicle registration
or is a nonresident, the person may not be issued a driver's
license or registration until the person has complied with this chapter to
the same extent that would be necessary if, at the time of the accident,
the person had a driver's license or registration.
"The term 'operator' is declared generally to include all persons, firms, associations,
and corporations who operate motor vehicles upon any public highway in the
state and thereby engage in the transportation of persons or property for hire
or compensation." Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26-27.
"Section 1 excludes from the definition of the term 'operator' everyone 'who solely transports by motor vehicle his or its own property, or employees, or both, and who transports no persons or property for hire or compensation.'" Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 28.
*****************
SPEEDING
Trans. Code, Sec. 201.904 Speed Signs
The department shall erect and maintain on the
highways and roads of this state appropriate signs that show the maximum lawful
speed for commercial motor vehicles, truck tractors, truck trailers,
truck semitrailers, and motor vehicles engaged in the business of
transporting passengers for compensation or hire (buses).
Basic Speed Rule: No person* shall drive a vehicle at a speed greater than is reasonable
and prudent under the circumstances then existing or under the conditions
and having regard to actual and potential hazards.
§ 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.
Text of subsect. (b) as amended by Acts 1999, 76th Leg., ch. 663, § 2 and Acts 1999, 76th Leg., ch. 739, § 1]}
{Prima
facie, Latin: on its face, at first view—used as a legal
acceptance not requiring additional validity}
{Ken pointed out: NOTE all the
speed signs are for commercial traffic.
SO where did the Legislature notify the traveling citizen of some speed
to follow? If there’s no notification,
no requirement, there’s no way to BE in excess of it! There can be no violation when you were never
the one liable!! (See also next
paragraph.)}
Posted (Maximum) Speed Limit: Based on engineering and traffic
investigations, the Texas Transportation Commission may alter the prima
facie speed limits on State highways and limited-access or controlled
highways inside or outside of any municipality. Tran. Code §545.353(a) &
(f)
{from Subchapter H, Speed
Restrictions, which is 545.361 through 545.365}. * {specifically, “an operator,” as amended 1997; see above}
Minimum Speed Limit: No person shall drive so slowly as to
impede the normal and reasonable movement of traffic. Tran. Code
§545.363(a)
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran.
Code §§542.301 & 750.002(b)
A "serious traffic violation"
includes exceeding the speed limit by 15 or more MPH or reckless driving. Tran.
Code §522.003(25)
Tran. Code SUBCHAPTER H. SPEED RESTRICTIONS
Sec. 545.351.
Maximum Speed Requirement.
(a) An operator may not drive
at a speed greater than is reasonable and prudent under the
circumstances then existing.
(b) An operator:
(1)
may not drive a vehicle at a speed greater than is reasonable and
prudent under the conditions and having regard to actual and potential
hazards then existing; and
(2)
shall control the speed of the vehicle as necessary to avoid
colliding with another person or vehicle that is on or
entering the highway in compliance with law and the duty of each person to
use due care. {So, DID you have a wreck? Otherwise, you don’t meet the criteria!}
(c) An operator shall,
consistent with Subsections (a) and (b), drive at an appropriate reduced speed
if:
(1)
the operator is approaching
and crossing an intersection or railroad grade crossing;
(2)
the operator is approaching
and going around a curve;
(3)
the operator is approaching
a hill crest;
(4)
the operator is traveling on
a narrow or winding roadway; and
(5)
a special hazard exists with regard to traffic, including pedestrians, or
weather or highway conditions.
{If you didn’t have a
wreck, does ONLY (a) above apply? Do YOU
think you were reasonable and prudent?}
*****************
STOPPING
Failure to Stop—all listings (note—there is NO
“rolling stop” NOR even “incomplete stop” anywhere in the Texas Statutes
(Codes), including Vernon's). How many
revenue-raising tickets did you get for that common knowledge? So we show it here to expose the deceit.
There
are three listings for “Failure To Stop” but look carefully at what you’re
supposed to stop—they have nothing to do with stopping at a sign or light!
~~~~~~~~~~~~ FYI—first cite has nothing to do
with traveling OR driving---
PENAL
CODE
CHAPTER
38. OBSTRUCTING GOVERNMENTAL OPERATION
(a)
A person, other than a person who has a relationship with a
child described by Section 22.04(b), commits an offense if: ....
~~~~~~~~~~~~ FYI—second cite second qualifies
being taken to a magistrate if a certain thing happens---
TRANSPORTATION
CODE
CHAPTER
543. ARREST AND PROSECUTION OF VIOLATORS
SUBCHAPTER
A. ARREST AND CHARGING PROCEDURES;
NOTICES
AND PROMISESTO APPEAR
§
543.001. ARREST WITHOUT WARRANT
AUTHORIZED. Any peace officer may arrest
without warrant a person found committing a violation of
this subtitle.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
(a) A person arrested for a violation of this
subtitle punishable as a misdemeanor shall be immediately taken before a
magistrate if:
(1) the person is arrested on a charge of
failure to stop in the event of an accident causing damage to
property; or
(2) the person demands an immediate appearance
before a magistrate or refuses to make a written promise to appear in court as
provided by this subchapter.
(b) The person must be taken before a
magistrate who:
(1) has jurisdiction of the offense;
(2) is in the county in which the offense charged
is alleged to have been committed; and
(3) is nearest or most accessible to the place of
arrest.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
~~~~~~~~~~~~
FYI—third cite has to do with helping folks, by regulating behavior---
TRANSPORTATION
CODE
CHAPTER
523. DRIVER'S LICENSE COMPACT OF 1993
§ 523.005. EFFECT OF CONVICTION.
(a) The licensing authority in the home state,
for the purpose of suspension, revocation, cancellation, denial, disqualification,
or limitation of the privilege to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to
Section 523.004 as it would if such conduct had occurred in the home state in
the case of conviction for:
(1) manslaughter or negligent homicide resulting
from the operation of a motor vehicle;
(2) driving a motor vehicle while under the influence of
alcoholic beverages or a narcotic to a degree which renders the driver
incapable of safely driving a motor vehicle;
(3) any felony in the commission of which a motor
vehicle is used; or
(4) failure to stop and
render aid or information in the event of
a motor vehicle accident
resulting in the death or personal injury of another.
(b) As to other convictions reported pursuant to
this compact, the licensing authority in the home state shall give such effect
to the conduct as is provided by the laws of the home state.
(c) If the laws of a state do not provide for
offenses or violations denominated or described in precisely the words employed
in Subsection (a), those offenses or violations of a substantially similar
nature and the laws of that state shall be understood to contain such
provisions as may be necessary to ensure that full force and effect is given to
this compact.
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
*****************
SAFETY INSPECTION - VEHICLE
Transportation Code
CHAPTER 548. COMPULSORY INSPECTION OF VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 548.001.
Definitions.
In this chapter:
(1) "Commercial motor vehicle" means a self-propelled or towed vehicle,
other than a farm vehicle with a gross weight, registered weight, or
gross weight rating of less than 48,000 pounds, if:
(A) the vehicle or combination of vehicles
has a gross weight, registered weight, or gross weight rating of more than
26,000 pounds;
(B) the vehicle is designed to transport more
than 15 passengers, including the driver; or
(C) the vehicle is used to transport hazardous
materials in a quantity requiring placarding by a regulation issued under the
Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.).
(2) "Commission" means the Public Safety
Commission.
(3) "Conservation commission" means the
Texas Natural Resource Conservation Commission.
(4) "Farm vehicle" has the meaning
assigned by the federal motor carrier safety regulations. (5) "Federal
motor carrier safety regulation" has the meaning assigned by Section
549.001.
(6) "Inspection station"
means a facility certified to conduct inspections of vehicles under this
chapter.
SUBCHAPTER B. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION
AND REINSPECTION
Trans. Code, Sec. 548.051.
Vehicles and Equipment Subject to Inspection.
(a)
A motor vehicle, trailer, semitrailer, pole trailer, or mobile home,
registered in this state, must have the following items inspected at an inspection station or by an
inspector:
(1) tires;
(2) wheel assembly;
(3) safety guards or flaps, if required by Section
547.606; (4) brake system, including power brake unit;
(5) steering system, including power steering;
(6) lighting equipment;
(7) horns and warning devices;
(8) mirrors;
(9) windshield wipers;
(10) sunscreening devices, unless the vehicle
is exempt from sunscreen device restrictions under Section 547.613;
(11) front seat belts in vehicles on which seat
belt anchorages were part of the manufacturer's original equipment;
(12) tax decal, if required by Section 548.104(d)(1);
(13) exhaust system; and
(14) exhaust emission system.
(b) A moped is subject to inspection in the same
manner as a motorcycle, except that the only items of equipment required to be
inspected are the brakes, headlamps, rear lamps, and reflectors, which must
comply with the standards prescribed by Sections 547.408 and 547.801.
Sec. 548.052.
Vehicles Not Subject to Inspection.
This chapter does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile
home moving under or bearing a current factory-delivery license plate or current in-transit license
plate;
(2) a vehicle moving under or bearing a paper
dealer in-transit tag, machinery license, disaster license, parade license, prorate tab, one-trip permit,
antique license, temporary 24-hour permit, or permit license;
(3) a trailer, semitrailer, pole trailer, or mobile
home having an actual gross weight or registered gross weight of 4,500 pounds
or less; or
(4) farm machinery, road-building equipment, a farm
trailer, or a vehicle required to display a slow-moving-vehicle
emblem under Section 547.703.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995. Amendment by Acts 1995, 74th Leg., ch. 443, Sec. 3
V.T.C.A., Government Code Sec. 311.031(c) provides, in
part, that the repeal of a statute by a code does not affect an amendment of
the statute by the same legislature which enacted the code and that the
amendment is preserved and given effect as part of the code provision.
Section 3 of Acts 1995, 74th Leg., ch. 443, eff. Sept.
1, 1995, amends Sec. 140(h) of Vernon's Ann.Civ.St. art. 6701d [now this
section] without reference to the repeal of said article by Acts 1995, 74th
Leg., ch. 165, Sec. 24(a). As so
amended, Sec. 140(h) reads:
"The provisions of this
article shall not apply to the vehicles referred to in Subsection (a) of
this Section when moving under or bearing current 'Factory-Delivery License
Plates' or current 'In-transit License Plates.'
Nor shall the provisions of this article apply to farm machinery,
road-building equipment, farm trailers, paper dealer in-transit tag, machinery
license, disaster license, parade license, prorate tabs,
one-trip permits, antique license, temporary 24-hour permits, permit license,
and all other vehicles required to have a slow-moving-vehicle
emblem under Section 139B of this Act, or to former military vehicles,
as defined by Section 5a(h), Chapter 88, General Laws, Acts of the 41st
Legislature, 2nd Called Session, 1929 (Article 6675a-5a, Vernon's Texas Civil
Statutes)."
SUBCHAPTER C. PERIODS OF
INSPECTION; PREREQUISITES TO ISSUANCE OF INSPECTION CERTIFICATE
Sec. 548.101. General One-Year
Inspection Period.
Except
as provided by Section 548.102, the department shall require an annual
inspection. The department shall set the
periods of inspection and may make rules with respect to those periods.
Sec.
548.254. Validity of Inspection Certificate.
An
inspection certificate is invalid after the end of the 12th month following the
month in which the certificate is issued.
An unused inspection certificate representing a previous inspection
period may not be issued after the beginning of the next period.
*****************
REGISTRATION - VEHICLE
CHAPTER 502. REGISTRATION OF VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 502.001.
Definitions.
In this chapter:
(2) "Commercial motor vehicle " means a motor vehicle
, other than a motorcycle, designed or used primarily to transport
property. The term includes a passenger
car reconstructed and used primarily for delivery purposes. The term does not include a passenger car
used to deliver the United States mail.
(13) "Motor vehicle " means a
vehicle that is self-propelled.
(17) "Passenger car" means a motor
vehicle , other than a motorcycle, golf cart, light truck, or
bus, designed or used primarily for the transportation
of persons.
(19) "Public property" means property owned
or leased by this state or a political subdivision of this state.
(24) "Vehicle " means a device in or by which a person or property is or may be
transported or drawn on a public highway, other than a device used
exclusively on stationary rails or tracks.
Sec. 502.002.
Registration Required; General
Rule.
(a) The owner of a motor vehicle , trailer, or semitrailer shall apply for the
registration of the vehicle for:
(1)
each registration year in which the vehicle is used or to be used on a public highway; and
(2) if the vehicle is unregistered for a registration year that
has begun and that applies to the vehicle and if the vehicle is used or to be used on a public highway, the
remaining portion of that registration year.
(b) The application must be made to the department
through the county assessor-collector of the county in which the owner resides.
(c) A provision of this chapter that conflicts
with this section prevails over this section to the extent of the
conflict.
Sec. 502.003.
Registration by Political
Subdivision Prohibited.
(a) Except as provided by Subsection (b), a political
subdivision of this state may not require an owner of a motor vehicle to:
(1)
register the vehicle ;
(2)
pay a motor vehicle registration
fee; or
(3)
pay an occupation tax or license fee in connection with a motor
vehicle .
(b) This section does not affect the authority of a
municipality to:
(1) license and regulate the use of motor
vehicles for compensation within the municipal limits; and
(2) impose a permit fee or
street rental charge for the operation of each motor vehicle used to
transport passengers for compensation, other than a motor vehicle operating under a permit or certificate
from the Railroad Commission of Texas or the Interstate Commerce Commission.
{It
seems like the above Section might be to ensure only the State, not
subdivisions, registers cars.}
Sec. 502.152
Certificate of Title Required for Registration. Subsection (a) says, "The department may not
register or renew the registration of a motor vehicle for which a certificate of
title is required under Chapter 501 unless the owner: (1) obtains a
certificate of title for the vehicle..." Since Chapter 501 applies only to
vehicles owned by state or political subdivisions of the state, only
those are required to obtain a certificate of title. All others without
certificate of title may not be registered.
NOTE: This
section above is the most important to remember in the code. If the vehicle is not state-owned, then the
vehicle can’t have a certificate of title, which restricts registration, which restricts
mandatory insurance. Your car then must
be state-owned or you wouldn’t have a certificate of title, or have it
registered or buy insurance for a car you don’t own, RIGHT?
“Sale of vehicle that does not comply with
requirements of Certificate of Title Act may still be considered valid
transaction as between original parties, even though Act declares that
non-compliance renders sale void.”
Jarrin v. Sam White Oldsmobile Co. (App. 1 Dist. 1996) 929 S.W.2d 21, rehearing denied,
error denied.
NOTE: Found about case in the Vernon’s Annotated Statutes –
Transportation Code § 501.073 Notes of Decisions.
*****************
SEAT BELTS
Besides the following, recently a
national harassment & revenue-raising program has been instituted,
advertised in Texas as: Click It Or Ticket. This provide federal subsidies to States
giving more tickets, and they get to use the money as they see fit, for example
purchasing night-vision goggles to give more tickets after dark. The payoff is a conflict of interests,
motivating local agencies to give more tickets, effectively an open quota. This also sneaks more federal control over
the States & locals, as they clamor for increasing subsidies.
While
the ticket revenue raising was advertised as if something new was going on, the
law was not changed or appended. Deals
with the feds are not mentioned in the Texas Transportation Code. So here we must parse the words carefully and
hope the courts will abide by the actual written law. The Family Code emphasizes safety for little
kids, not the adults riding in the front.
Any offenses are based on the failure to protect those little kids.
Title 18 (Crimes and Criminal Procedure) – United States Code
§ 31. Definitions
"Motor vehicle" means every description of carriage or other
contrivance propelled or drawn by mechanical power and used for commercial
purposes on the highways in the transportation of passengers,
passengers and property, or property or cargo; …
NOTE: The following
code is commercial by the statement in §545.413(a)(2). The word ‘operated’ has
been previously discussed, by which an operator and driver term was defined as
in commerce.
See the
definition of the terms “passenger car” and “motor vehicle” at Sect. 502.0001 (above). But it says those definitions are FOR THAT
CHAPTER. Does Sect. 545 below encompass
Sect. 502 definitions? One or both would
have to SAY that. Here, “passenger car”
is just a load-bearing weight rating (see part h, below). Here the passenger car would fit the
definition of transportation, but not of delivery purposes. ARE you the operator? ARE you on a
highway? IS that your passenger car?
Trans.
Code Sec. 545.413. Safety Belts;
Offense.
(a) A person commits an offense if the person:
(1) is at least 15 years of
age;
(2) is riding in the front seat
of a passenger car while the vehicle is being operated;
(3) is occupying a seat that is
equipped with a safety belt; and
(4) is not secured by a safety
belt.
(b) A
person commits an
offense if the person:
(1) operates a passenger
car that is equipped with safety belts; and
(2) allows a child who is at
least four years of age but younger than 15 years of age to ride in the front
seat of the vehicle without requiring the child to be secured by a
safety belt.
(c) A
passenger car or a seat in a passenger car is considered to be equipped with a
safety belt if the vehicle is required under Section 547.601 to be
equipped with safety belts.
(d)
An offense under this section is a misdemeanor punishable by a fine of not less
than $25 or more than $50.
(e)
It is a defense to prosecution under this section that:
(1) the person possesses a written statement
from a licensed physician stating that for a medical reason the person should
not wear a safety belt;
(2) the person presents to the court, not later
than the 10th day after the date of the offense, a statement from a licensed physician
stating that for a medical reason the person should not wear a safety belt; or
(3) the person is employed by the United States
Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle
or that requires frequent entry into and exit from a vehicle.
(f)
The department shall develop and implement an educational program to encourage
the wearing of safety belts and to emphasize:
(1) the effectiveness of safety
belts and other restraint devices in reducing the risk of harm to passengers in
motor vehicles; and
(2) the requirements of this
section and the penalty for noncompliance.
(g)
Use or nonuse of a safety belt is not admissible evidence in a civil trial.
(h)
In this section, "passenger car" includes a truck with a
manufacturer's rated carrying capacity of not more than 1,500 pounds.
Acts
1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amendment by Acts 1995,
74th Leg., ch. 751, Sec. 127
Section 127
of Acts 1995, 74th Leg., ch. 751, eff. Sept. 1, 1995, amends Sec. 107C(j) of
Vernon's Ann.Civ.St. art. 6701d [now this section] without reference to the
repeal of said article by Acts 1995, 74th Leg., ch. 165, Sec. 24(a). As so amended, Sec. 107C(j) reads:
"Use or nonuse of a
safety belt is not admissible evidence in a civil trial, other than a
proceeding under Subtitle A or B, Title 5, Family Code."
*****************
FINANCIAL RESPONSIBILITY
Trans.
Code, Sec. 521.143. Evidence of Financial
Responsibility Required
(a)
An application for an original or renewal of a driver's license must be accompanied by evidence
of financial responsibility or a statement that the applicant does not own a motor
vehicle for which
evidence of financial responsibility is required under Chapter 601.
(b)
Evidence of financial
responsibility presented under this section must be in at least the minimum
amounts required by Section 601.072 and must cover each motor vehicle owned by the
applicant for which the applicant is required to maintain evidence of
financial responsibility. The evidence
may be shown in the manner provided by Section 601.053(a).
(c)
A personal automobile insurance policy used as evidence of financial
responsibility under this section must comply with Article 5.06, Insurance
Code.
(d) A
statement that an applicant does not own a motor vehicle to which the
evidence of financial responsibility requirement applies must be sworn to and
signed by the applicant.
NOTE:
Remember Sec. 502.152, found under ‘Registration’, which indicates who owns the car, and which
indicates that only a state-owned vehicle can have a certificate of title. Since this
car has a certificate of title, I guess the state owns the car, so the state
needs to pay for the financial responsibility. (In that case, what is my
certificate of Title or ownership worth?)
*****************
“Texas Sure” Vehicle Insurance
Verification
[http://www.texassure.com/Insuranceverification.html]
Welcome to Texas,
Cowboy!! Get out yer wallet!!
The
Texas Legislature is trying hard to tie everything together so you have to pay
in several ways, all of which hold you “responsible” and possibly liable for
everything else. That is, if you’re a
legal citizen and they know where you live.
Legislators et al. will insist this helps protect us from illegals.
So
you have to have insurance in order to get an inspection, a registration,
etc. FEAR your government, peasant.
Quotes
from the ‘Texas Sure’ site, above:
“What
Is Insurance Verification?
“The vehicle insurance
verification program (called TexasSure) came about when the Texas Legislature
directed the Texas Departments of Insurance, Public Safety, Transportation, and
Information Resources to develop a system to reduce the number of uninsured
motorists. Working together, the agencies have compiled a database that
connects every registered vehicle in the state by its license plate, vehicle identification
number (VIN), and liability insurance policy. That means that law enforcement
officers and tax assessor-collectors can immediately access the database and
verify if you are driving without insurance.”
_ _ _ _ _ _ _ _
“Driving without insurance?
The TexasSure program will put an end to the days of uninsured motorists,
drivers dropping coverage after receiving a valid insurance card, and fraudulent
insurance cards. So, get insured!”
_ _ _ _ _ _ _ _
“If
I Decide to Drive Without Insurance?
“Driving without insurance is
not a good idea, and there are severe penalties for doing so. First time
offenders are subject to a fine of up to $350, plus court costs, and may be
assessed additional fees as authorized by Transportation Code Chapter 708: http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm.
Repeat offenders face fines of up to $1,000 and a two (2) year driver license suspension.
“Bottom line? The law requires
“the motorist or operator of a vehicle to provide evidence
of financial responsibility.” In other words, when it comes to vehicle
insurance, there are no more free rides.”
_ _ _ _ _ _ _ _
*****************
CERTIFICATE OF TITLE
NOTE: Sections
501.004 & 502.152 shows that a certificate of title is only for a
vehicle owned by the state.
CHAPTER 501.
CERTIFICATE OF TITLE ACT
Sec. 501.002. Definitions.
In
this chapter:
(1) "Certificate of title" means an
instrument issued under Section 501.021.
(14)
"Motor vehicle " means:
(A) any motor driven or
propelled vehicle required to be
registered under the laws of this state;
(Notice: No definition of Vehicle)
***** Sec. 501.004.
Applicability.
(a) This chapter applies
to a motor vehicle owned by
the state or a political subdivision of the state.
Sec. 501.022.
Certificate of Title Required.
(a) The owner of a motor vehicle registered in this state
may not operate or permit the operation of the vehicle on a
public highway until the owner obtains a certificate of title for the
vehicle.
(b) A person may not operate a motor
vehicle registered in
this state on a public highway if the person knows or has reason to believe
that the owner has not obtained a certificate of title for the
vehicle.
(c) The owner of a motor vehicle that is required to be
registered in this state must apply for a certificate of title of the vehicle
before selling or disposing of the vehicle.
(d) Subsection (c) does not apply to a motor vehicle operated on a public
highway in this state with a metal dealer's license plate or a dealer's or buyer's
temporary cardboard tag attached to the vehicle as provided by Chapter 503.
*****************
FAILURE TO IDENTIFY
Texas Penal Code
Sec. 38.02. Failure to Identify.
(a) A person commits an offense if he
intentionally refuses to give his name, residence
address, or date of birth to a peace
officer who has lawfully arrested the person and requested
the information.
(b) A person commits an offense if he
intentionally gives a false or fictitious name, residence address, or date of
birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good
cause to believe is a witness to a criminal offense.
(c) Except as provided by
Subsection (d), an offense under this section is a Class C misdemeanor.
(d) If it is shown on the
trial of an offense under this section that the defendant was a fugitive from
justice at the time of the offense, the offense is a Class B
misdemeanor.
Kolender v. Lawson, 461 US 352 (1983)
It is unconstitutionally vague for a state to require
a person to produce
"credible and reliable" identification when requested to do so
by a police officer. This Court has
invalidated, on vagueness grounds, any state law requiring persons on the
street to present "credible and reliable" identification when
asked by a police officer, which in its self, gives too much discretion to the
police officer for arbitrary and selective enforcement.
*****************
ARRESTED
Arrest For Not Signing
Ticket
Texas Transportation Code
CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS
SUBCHAPTER
A. ARREST AND CHARGING PROCEDURES;
NOTICES AND PROMISES TO APPEAR
Sec.
543.001. Arrest Without Warrant Authorized.
Any peace officer may arrest without warrant a
person found
committing a violation of this subtitle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995.
Sec.
543.002. Person Arrested to
be Taken Before Magistrate.
(a) A person arrested for a violation of this
subtitle punishable as a misdemeanor shall be immediately taken before a
magistrate if:
(1)
the person is arrested on
a charge of failure to stop in the event of an accident causing damage to
property; or
(2)
the person demands an
immediate appearance before a magistrate
or refuses to make a written promise to appear in court as provided by this
subchapter.
(b) The person must be taken before a
magistrate who:
(1)
has jurisdiction of the offense;
(2) is in the county in which the offense
charged is alleged to have been committed; and
(3) is nearest or most accessible to the
place of arrest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995.
Sec.
543.003. Notice to Appear Required:
Person Not Taken Before Magistrate.
An officer who arrests a person for a violation of this subtitle
punishable as a misdemeanor and who does not take the person before a
magistrate shall issue in duplicate a written notice to appear in court showing
the time and place the person is to appear, the offense charged, the name and
address of the person charged, and, if
applicable, the license number of the person's vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995.
Sec.
543.004. Notice to Appear Required:
Certain Offenses.
(a) An officer shall
issue a written notice to appear if:
(1) the offense charged is speeding or a violation of
the open container law, Section 49.03, Penal Code; and
(2) the person makes a written promise to
appear in court as provided by Section 543.005.
(b) If the person is a resident of or is operating
a vehicle licensed in a state or
country other than this state, Subsection (a) applies only as provided by
Chapter 703.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.
1,1995.
Sec.
543.005. Promise to Appear; Release.
To secure release, the person arrested must make a written promise to appear in court by signing in
duplicate the written notice prepared by the arresting officer. The arresting officer shall retain the
original of the notice and deliver the copy of the notice to the person
arrested. The officer shall then promptly release the person from custody.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.
1,1995.
Sec. 543.006.
Time and Place of Appearance.
(a) The time specified in the notice to appear must be
at least 10 days after the date of arrest unless the person arrested demands an earlier
hearing.
(b) The place specified in the notice to appear must
be before a magistrate having jurisdiction of the offense who is in the
municipality or county in which the offense is alleged to have been committed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995.
Sec.
543.007. Notice to Appear: Commercial Vehicle or License.
A notice to
appear issued to the operator of a commercial motor vehicle or holder of a
commercial driver's license or commercial driver learner's
permit, for the violation of a law
regulating the operation of vehicles on highways, must be on a form that
contains the information required by
department rule, to comply with Chapter 522 and the federal Commercial Motor Vehicle Safety Act of 1986.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995.
Sec. 543.008. Violation by Officer.
A violation
by an officer of a provision of Sections 543.003-543.007 is misconduct in
office and the officer is subject to removal from the officer's position.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.
1,1995.
Sec.
543.009. Compliance With or Violation of
Promise to Appear.
(a) A person may comply with a written
promise to appear in court by an appearance by counsel.
(b) A person who wilfully violates a written promise to appear in court, given as
provided by this subchapter, commits a misdemeanor regardless of the disposition
of the charge on which the person was arrested.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.
1,1995.
Sec.
543.010. Specifications of Speeding
Charge.
The complaint and the summons
or notice to appear on a charge of
speeding under this subtitle must
specify:
(1) the maximum
or minimum speed limit applicable in
the district or at the location; and
(2) the speed at which the defendant is alleged to
have driven.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.
1,1995.
{NOTE: Above, under 543.008
shows that there has to be a procedure in place to remove the cop from his
position if he violates any of the Sections
543.003-543.007. They never do. The cop does not know about this provisions
and he has been told to put you in jail, if you do not provide a drive license, have no current registration, safety certificate, or proof of
insurance. But, look at Sec. 543.007 above
and see that the officer is required to issue a promise to appear and let the
driver to be on his way if he violates any law that regulates the operation of
vehicles on the highways. When the cop puts you in jail for an offense for
violating a law used to regulate the operation of vehicles on the highway, he
has violated Sec. 543.008. }
Very
Important – you should familiar
yourself with the below Article.
Texas Code of Criminal Procedure
Art. 15.17. DUTIES OF ARRESTING OFFICER AND
MAGISTRATE. (a) In
each case enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the person is
arrested, take the person arrested or
have him taken before some magistrate of the county where the accused was
arrested or, to provide more
expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state. The
arrested person may be taken before the magistrate in person or the image of
the arrested person may be presented to the magistrate by means of an
electronic broadcast system. The
magistrate shall inform in clear language the person arrested,
either in person or through the electronic broadcast system, of the accusation against him and of
any affidavit filed therewith, of his right to retain
counsel, of his right to remain silent, of his right to have an
attorney present during any interview with peace officers or attorneys
representing the state, of his right to terminate the interview at any
time, and of his right to have an examining trial. The magistrate shall also inform the
person arrested of the person's right to request the appointment of
counsel if the person cannot afford counsel. The magistrate shall inform the person arrested of the procedures for requesting
appointment of counsel. If the person does not speak and understand the
English language or is deaf, the magistrate shall inform the person in a manner consistent with Articles
38.30 and 38.31, as appropriate. The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting appointment of
counsel is provided to the person at the same time. If the
person arrested is indigent and requests appointment of counsel and if the
magistrate is authorized under Article 26.04 to appoint counsel for indigent
defendants in the county, the magistrate shall
appoint counsel in accordance with Article 1.051. If the magistrate is not authorized to
appoint counsel, the magistrate shall without unnecessary delay, but not
later than 24 hours after the person arrested requests appointment of counsel,
transmit, or cause to be transmitted to the court or to the courts' designee
authorized under Article 26.04 to appoint counsel in the county, the forms
requesting the appointment of counsel. The magistrate shall also inform the person arrested that he is not required to make a
statement and that any statement made by him may be used against him. The
magistrate shall allow the person arrested reasonable time
and opportunity to consult counsel and shall,
after determining whether the
person is currently on bail for a separate criminal offense, admit the
person arrested to bail if allowed by law. A recording of the communication
between the arrested person and the magistrate shall be made. The recording shall be preserved
until the earlier of the following dates: (1) the date on which the
pretrial hearing ends; or (2) the 91st day after the date on which the
recording is made if the person is charged with a misdemeanor or the 120th day
after the date on which the recording is made if the person is charged with a
felony. The counsel for the defendant may obtain a copy of the
recording on payment of a reasonable amount to cover costs of reproduction. For
purposes of this subsection, "electronic broadcast system" means a
two-way electronic communication of image and sound between the arrested person
and the magistrate and includes secure Internet videoconferencing.
(b) After an accused charged with a misdemeanor
punishable by fine only is taken before a magistrate under Subsection
(a) and the magistrate has identified the accused with certainty, the
magistrate may release the accused without bond and order the accused to
appear at a later date for arraignment in the applicable justice court or
municipal court. The order must state in writing the time, date,
and place of the arraignment, and the magistrate must sign the
order. The accused shall
receive a copy of the order on release. If an accused fails to
appear as required by the order, the judge of the court in which the accused is
required to appear shall issue a warrant for the arrest of the
accused. If the accused is arrested and brought before the judge,
the judge may admit the accused to bail, and in admitting the accused to bail,
the judge should set as the amount of bail an amount double that generally set
for the offense for which the accused was arrested. This subsection
does not apply to an accused who has previously been convicted of a felony or a
misdemeanor other than a misdemeanor punishable by fine only.
{NOTE: Article 15.17(b) above is in conflict with Sec. 543.008(b) of the Texas
Transportation Code above and Sec. 38.10(a) of the Texas Penal Code below. The failure
to appear must be willful. *** There is more to this above Article that you may
want to review later.}
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch.
659, Sec. 12, eff. Aug. 28, 1967. Subsec. (f) added by Acts 2001, 77th Leg.,
ch. 906, Sec. 4, eff. Jan. 1, 2002.Amended by: Acts 2005, 79th Leg., Ch. 1094,
Sec. 3, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 320,
Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 735,
Sec. 1, eff. September 1, 2009.
*****************
FAILURE TO APPEAR
Texas Penal Code
Sec. 38.10. Bail Jumping and Failure to Appear.
(a)
A person lawfully released from custody,
with or without bail, on condition that he subsequently appear commits an
offense if he intentionally or knowingly fails to appear in accordance
with the terms of his release.
(b) It is a defense to
prosecution under this section that the appearance was incident to community
supervision, parole, or an intermittent sentence.
(c) It is a defense to
prosecution under this section that the actor had a reasonable excuse
for his failure to appear in accordance with the terms of his release.
(d) Except as provided in
Subsections (e) and (f), an offense under this section is a Class A
misdemeanor.
(e) An offense under this
section is a Class C misdemeanor if the offense for which the actor's
appearance was required is punishable by fine only.
(f) An offense under this
section is a felony of the third degree if the offense for which the actor's
appearance was required is classified as a felony.
{NOTE: The defense of a Failure to Appear is whereby the
court did willfully withhold from you a copy of the complaint that you are
suppose to have in your possession before you appear. Look at the Complaint section. 45.018 in the
Code of Criminal Procedure. Also, 38.10(c) above indicates that if you are just
late or fail to appear whereby you have a reasonable excuse for failing to
appear, the judge is restricted to put out a warrant for your arrest. Doing so,
violates your right to due process.}
*****************
SPECIAL APPEARANCE
NOTE: File all paperwork by special appearance in the nature
of, but not limited to rule 120(a) Texas Rules of Civil Procedure.
RULE 120a. SPECIAL APPEARANCE
1. Notwithstanding the provisions of Rules 121, 122
and 123, a special appearance may be made by
any party either in person or by attorney for the purpose
of objecting to the jurisdiction of the court over the person or
property of the defendant on the ground that such party or property is not
amenable to process issued by the courts of this State. A special appearance
may be made as to an entire proceeding or as to any severable claim involved
therein. Such special appearance shall be made by sworn motion filed
prior to motion to transfer venue or any other plea, pleading or motion;
provided however, that a motion to transfer venue and any other plea, pleading,
or motion may be contained in the same instrument or filed subsequent thereto
without waiver of such special appearance; and may be amended to cure defects.
The issuance of process for witnesses, the taking of depositions, the serving
of requests for admissions, and the use of discovery processes, shall not
constitute a waiver of such special appearance. Every appearance, prior to
judgment, not in compliance with this rule is a general appearance.
2. Any motion to challenge the jurisdiction provided
for herein shall be heard and determined before a motion to transfer
venue or any other plea or pleading may be heard. No determination of any issue
of fact in connection with the objection to jurisdiction is a determination of
the merits of the ease or any aspect thereof.
3. The court shall determine the special appearance on the basis of
the pleadings, any stipulations made by and between the parties, such
affidavits and attachments as may be filed by the parties, the results of
discovery processes, and any oral testimony. The affidavits, if any, shall be
served at least seven days before the hearing, shall be made on personal
knowledge, shall set forth specific facts as would be admissible in evidence,
and shall show affirmatively that the affiant is competent to testify.
Should it appear from the affidavits of a party
opposing the motion that he cannot for reasons stated present by affidavit facts essential
to justify his opposition, the court may order a continuance to permit
affidavits to be obtained or depositions to be taken or discovery to be had or
may make such other order as is just.
Should it appear to the satisfaction of the court at
any time that any of such affidavits are presented in violation of Rule 13, the
court shall impose sanctions in accordance with that rule.
4. If the court sustains the objection to
jurisdiction, an appropriate order shall be entered. If the objection to
jurisdiction is overruled, the objecting party may thereafter appear generally
for any purpose. Any such special appearance or such general
appearance shall not be deemed a waiver of the objection to jurisdiction
when the objecting party or subject matter is not amenable to process issued by
the courts of this State.
Instead of using or coming by Special Appearance, use
by Special Visitation.
*****************
INDICTMENTS AND
INFORMATIONS
When you get a traffic citation
1. Check the
court records on that citation:
(A.) If
there is an indictment or information
1.
Examine the indictment or information and see if they
follow the guidelines set out by the:
(a.)
TEXAS CONSTITUTION Art 5 sec 12(b) & 17,
Section 12. Judges as Conservators of the Peace;
Indictments and Informations vest Jurisdiction
(b) An
indictment is a written
instrument presented to a court by a grand jury charging a person with the commission of an
offense. An information is a written
instrument presented to a court by an attorney for the State charging a person
with the commission of an offense. The
practice and procedures relating to the use of indictments and informations,
including their contents, amendment, sufficiency, and requisites, are as
provided by law. The presentment of
an indictment or information to a court invests the court with jurisdiction
of the cause.
Section 17.
The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court
by information filed by the county attorney, or by
affidavit, as may be provided by law. Grand juries empaneled in the District Courts
shall inquire into misdemeanors,
and all indictments therefor returned into the
District Courts shall forthwith be certified to the County
Courts or other inferior courts, having jurisdiction to try them for
trial; and if such indictment be
quashed in the County, or other inferior court, the person charged, shall
not be discharged if there is probable cause of guilt, but may be
held by such court or magistrate to
answer an information or affidavit.
A jury in the County Court shall consist of six men; but no jury
shall be empaneled to try a civil case unless demanded by one of the
parties, who shall pay such jury fee therefor, in advance, as may be prescribed
by law, unless he makes affidavit that he is unable to pay the same.
{This
is a good example of “legalese,” how common words may be redefined for legal
purposes. What did you think
‘information’ meant?
There’s nothing really wrong with that, except the average person (regular
private-sector sovereign citizen, i.e., all of us) who hasn’t read (let alone
studied heavily) the law will likely NOT know the special definitions. This puts us at a disadvantage, relative to
the lawyers who train on court rules. Is
it possible they WANT us ignorant, so they can get paid more?
Some city (or
other) courts insist they use neither informations NOR indictments for Class C
Misdemeanor traffic offenses. They rely
only on the Complaint from the Officer. (See ‘Complaints,’ & Article
45.018, below.) Remember, traffic
“offenses” are considered criminal, NOT civil.
Courts ARE considering such offenses nearly indefensible, and the
tradeoff is small fines. But can there
be any actual jurisdiction?}
(b.)
Code of Criminal Procedures Art. 2, Art. 20 and Art. 21.
CHAPTER TWO—GENERAL DUTIES OF OFFICERS
Art. 2.05. [29] [35] [36] When complaint is made.
If the offense be a
misdemeanor, the attorney shall forthwith prepare an information based upon such
complaint and file the
same in the court having jurisdiction;
provided, that in counties having no county attorney, misdemeanor cases may
be tried upon complaint alone, without an information,
provided, however, in counties having one or more criminal district courts an
information must be filed in each misdemeanor case. If the offense be a felony, he shall
forthwith file the complaint with a magistrate of the county.
CHAPTER TWENTY—DUTIES AND POWERS OF THE GRAND JURY
Art. 20.20. [392] [444]
[432] Indictment prepared.
The attorney representing the State shall prepare all indictments
which have been found, with as little delay as possible, and deliver them to
the foreman, who shall sign the same officially, and said attorney shall
endorse thereon the names of the witnesses upon whose testimony the same was
found.
CHAPTER TWENTY-ONE—INDICTMENT AND INFORMATION
Art.
21.01. [395] [450] [438] "Indictment".
An
"indictment" is the written statement of a grand jury
accusing a person therein named
of some act or omission which, by law, is declared to be an offense.
Art.
21.02. [396] [451] [439] Requisites of an indictment.
An
indictment shall be deemed
sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority
of The State of Texas".
2. It must appear that the same was presented in
the district court of the county where the grand jury is in session.
3. It must appear to be the act of a grand
jury of the proper county.
4. It must contain the name of the
accused, or state that his name is unknown and give a reasonably accurate
description of him.
5. It must show that the place where the
offense was committed is within the jurisdiction of the court in which the
indictment is presented.
6. The time mentioned must be some date
anterior to the presentment of the indictment, and not so remote that the prosecution of the
offense is barred by limitation.
7. The offense must be set forth in plain and
intelligible words.
8. The indictment must
conclude, "Against the peace and dignity of the State".
9. It shall be signed
officially by the foreman of the grand jury.
Art.
21.03. [397] [452] [440] What should be stated.
Everything
should be stated in an indictment which is
necessary to be proved.
Art.
21.20. [413] [477] [465] "Information".
An
"information" is a
written statement filed and presented in behalf of the State by the district
or county attorney, charging the defendant with an offense which may by law
be so prosecuted.
Art.
21.21. [414] [478] [466] Requisites of an
information.
An
information is sufficient
if it has the following requisites:
1. It shall commence, "In the name
and by authority of the State of Texas";
2. That it appear to have been presented in a
court having jurisdiction of the offense set forth;
3. That it appear to have been presented by
the proper officer;
4. That it contain the name of the accused,
or state that his name is unknown and give a reasonably accurate description of
him;
5. It must appear that the place where
the offense is charged to have been committed is within the jurisdiction of the
court where the information is filed;
6. That the time mentioned be some date
anterior to the filing of the information, and that the offense does not appear to be barred by
limitation;
7. That the offense be set forth in plain and
intelligible words;
8. That it conclude, "Against the
peace and dignity of the State"; and
9. It must be signed by the district or
county attorney, officially.
Art.
21.22. [415] [479] [467] Information based upon
complaint.
No
information shall be
presented until affidavit has been made by some credible person charging the defendant with an
offense. The affidavit shall be filed
with the information. It may be sworn
to before the district or county attorney who, for that purpose, shall have
power to administer the oath, or it may be made before any officer authorized
by law to administer oaths.
Art.
21.23. [416] [480] [468] Rules as to indictment apply to
information.
The rules
with respect to allegations in an indictment and the
certainty required apply also to an information.
(B.) If
there is no indictment or information then get two friends
to view the file, and file affidavits or verifications stating this fact; this
is to set the record and show proof that the court has no jurisdiction. (Do NOT
use/sign ‘Penalties of perjury,’ because it puts the question of whether or not
to prosecute in the hands of the attorney).
If they proceed without an indictment or information, then any
immunities they claim do not exist.
Barratry for judge and or prosecuting attorney. Hale v. Henkel 201 U.S. 43 (1906)
Art. 28.04. [527] [592]
[581] Quashing charge in misdemeanor.
If the motion to set aside
or the exception to an indictment or
information is sustained,
the defendant in a misdemeanor case shall be discharged, but may be again prosecuted
within the time allowed by law.
(C.)
Look at all records in the file.
1.
If there is a ticket with an affidavit, and the affidavit is from the cop, is the cop's
affidavit in the name of THE STATE OF TEXAS and against the peace and
dignity? If so, then there is a
violation of Penal Code 37.12 [impersonating an officer] because only
the County Attorney, District Attorney, or the Attorney General, or a Grand
Jury are the ones who can bring an action in the name of THE STATE OF TEXAS and
against the peace and dignity CCP 20.20 [C.C.P all of Art.20 and all of Art
21 and the TEXAS CONSTITUTION Art 5 sec12(b)].
2. Send and file "Demand for Bill of Particulars
and or a More Definite Statement" by special appearance.
*****************
COMPLAINTS
{NOTE: The main thing here is the information (21.21(9)),
affidavit (22.21) and
complaint (45.018) needed
to prosecute you. They never get it
right. Please review the Texas Constitution section and read Article 5, Section
12(b) concerning ‘indictment and
information’ and then read Article 5, Section 17 concerning ‘indictment’
concerning the below Art.s concerning ‘Information’.}
Texas Code of Criminal Procedure
Art. 2.05. [29] [35] [36] When complaint is made.
If the offense be a misdemeanor, the attorney shall forthwith prepare
an information based upon such
complaint and file the
same in the court having jurisdiction;
provided, that in counties having no county attorney, misdemeanor cases may
be tried upon complaint alone, without an information,
provided, however, in counties having one or more criminal district courts an
information must be filed in each misdemeanor case. If the offense be a felony, he shall
forthwith file the complaint with a magistrate of the county.
Art. 21.21.
[414] [478] [466] Requisites of an information.
An information is sufficient
if it has the following requisites:
1. It shall commence, "In
the name and by authority of the State of Texas";
2. That it appear to have been
presented in a court having jurisdiction of the offense set forth;
3. That it appear to have been presented
by the proper officer;
4. That it contain the name
of the accused, or state that his name is unknown and give a reasonably
accurate description of him;
5. It must appear that the place
where the offense is charged to have been committed is within the jurisdiction
of the court where the information is filed;
6. That the time mentioned be
some date anterior to the filing of the information, and that the offense does not appear to be barred by
limitation;
7. That the offense be set forth
in plain and intelligible words;
8. That it conclude,
"Against the peace and dignity of the State"; and
9. It must
be signed by the district or county attorney, officially.
Art. 21.22.
[415] [479] [467] Information based upon complaint.
No information shall be
presented until affidavit has been made
by some credible person charging the defendant with an
offense. The affidavit shall be
filed with the information. It
may be sworn to before the district or county attorney who, for that purpose,
shall have power to administer the oath, or it may be made before any officer
authorized by law to administer oaths.
Art. 21.23.
[416] [480] [468] Rules as to indictment apply to
information.
The rules with respect to allegations in an indictment and the
certainty required apply also to an information.
Art. 21.24. [417; 408a]
[481] [469] Joinder of certain offenses.
(a) Two or more
offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the
offenses arise out of the same criminal episode, as defined in Chapter 3 of the
Penal Code.
(b) A count may
contain as many separate paragraphs charging the same offense as necessary, but
no paragraph may charge more than one offense.
(c) A count is
sufficient if any one of its paragraphs is sufficient. An indictment, information, or complaint is sufficient if
any one of its counts is sufficient.
Art.
27.14. [518] [582] [571] Plea of guilty
or nolo contendere in misdemeanor. {no contest}
(a) A plea of "guilty" or
a plea of "nolo contendere" in a misdemeanor case may be made either
by the defendant or his counsel in open court; in such case, the
defendant or his counsel may waive a jury, and the punishment may be assessed
by the court either upon or without evidence, at the discretion of the court.
(b) A defendant charged with a
misdemeanor for which the maximum possible punishment is by fine only
may, in lieu of the method provided in Subsection (a) of this article, mail or
deliver in person to the court a
plea of "guilty" or a plea of "nolo contendere" and a
waiver of jury trial. The defendant
may also request in writing that the court notify the defendant, at the address
stated in the request, of the amount of an appeal bond that the court will
approve. If the court receives a plea and waiver before the time the defendant is
scheduled to appear in court, the court shall dispose of the case without
requiring a court appearance by the defendant. The court shall notify the defendant either
in person or by certified mail, return receipt requested, of the amount of any
fine assessed in the case and, if requested by the defendant, the
amount of an appeal bond that the court will approve. The defendant shall pay any fine assessed or
give an appeal bond in the amount stated in the notice before the 31st day
after receiving the notice.
(c)
In a misdemeanor case for which the maximum possible punishment is by fine
only, payment of a fine, or an amount accepted by the court constitutes
a finding of guilty in open court, as though a plea of nolo contendere had
been entered by the defendant and constitutes a
waiver of a jury trial in writing.
(d)
If written notice of an offense for which maximum possible punishment is by
fine only or of a violation relating to the manner, time, and place of
parking has been prepared, delivered, and filed with the court and a legible
duplicate copy has been given to the defendant, the written notice serves as
a complaint to which the
defendant may plead
"guilty," "not guilty," or "nolo
contendere." If the defendant
pleads "not guilty" to the offense, a complaint shall be filed
that conforms to the requirements of Chapter 45 of this code, and that
complaint serves as an original complaint.
A defendant may waive the filing of a sworn complaint and elect that the
prosecution proceed on the written notice of the charged offense if the
defendant agrees in writing with the prosecution, signs the agreement, and
files it with the court.
Article 45.018 Complaint
(a) For purposes of this
chapter, a complaint is a sworn
allegation charging the accused with the commission of an offense.
(b) A defendant is entitled
to notice of a complaint against the
defendant not later than the day before the date of any proceeding in
the prosecution of the defendant under the complaint. The defendant may waive the right to notice
granted by this subsection.
Article 45.032 Directed Verdict
If, upon the trial
of a case in a justice or municipal court, the state fails to prove a prima
facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of
"not guilty."
*****************
No comments:
Post a Comment