TX front license plate law removed (Law still in place - need two plates)

[hot_rod]

ratroddav, wondered about that city law myself.....

As josephff indicated, the hierarchy of how does a city law "trump" a state law...or can it?

I'm with ya ...he probably just wanted you to pay it

josephff ...back to the letter you posted...is that a "valid" legal interpretation or document, as in a judge could use it to assess fines by citing/referencing it?

[josephff]

Originally Posted by hot_rod

ratroddav, wondered about that city law myself.....

As josephff indicated, the hierarchy of how does a city law "trump" a state law...or can it?

I'm with ya ...he probably just wanted you to pay it

josephff ...back to the letter you posted...is that a "valid" legal interpretation or document, as in a judge could use it to assess fines by citing/referencing it?

i would assume so as it is a letter to the Attorney General from a rep. I think the references are legal in regards to they show a kind of chain law, the rest is just opinion of the representative. However i think that it could also show, that this letter was done in october and there still hasnt been any change or immediate need to call a special session to fix it :P

[jmaynard]

Hmmm, I think if you lost your argument was on the wrong grounds. You argued with a City judge that the law/fine was not valid because the Texas legislature forgot to include a penalty when they rewrote the laws. You SHOULD have argued that the ticket was issued under a state law and the local judge did not have jurisdiction over it. You should have made a motion do dismiss for lack of jurisdiction over the subject since state law in in fact a higher authority than the city law. City law cannot exceed the penalites already set by the State so for them to try to enforce with fines that far exceed is improper.

Now, you do have the right to appeal the verdict to a higher court where state law will be interperted and your fine thrown out, but chances are you will incur legal fees as you probably will not be able to represent yourself at this level.

[josephff]

Originally Posted by jmaynard

Hmmm, I think if you lost your argument was on the wrong grounds. You argued with a City judge that the law/fine was not valid because the Texas legislature forgot to include a penalty when they rewrote the laws. You SHOULD have argued that the ticket was issued under a state law and the local judge did not have jurisdiction over it. You should have made a motion do dismiss for lack of jurisdiction over the subject since state law in in fact a higher authority than the city law. City law cannot exceed the penalites already set by the State so for them to try to enforce with fines that far exceed is improper.

Now, you do have the right to appeal the verdict to a higher court where state law will be interperted and your fine thrown out, but chances are you will incur legal fees as you probably will not be able to represent yourself at this level.

where does it say this

City law cannot exceed the penalites already set by the State so for them to try to enforce with fines that far exceed is improper.

also

Ok here we go I just got back from the great city of McKinney. Not as bad as I thought. The judge basically said are you for real and I of course said yes, He then told me this is the law (IN the city of McKinney) So we are going to trail now, to be judge by my lovely peers. Feb. the 21st.

[Vanchevy]

Ok guys lets just see how this plays out. My lawyer is very good and is the one that will be taking care of this matter. As for court fees they will be thrown out, and that is why I pay for a retainer.

I understand that state law is higher then city law that was my argument to be placed in front of my peers. Like I said before it is the fact of matter not the cost

[clg_98ta]

Originally Posted by josephff

interesting read, in regards to the legislative changes

excerpt:

If there is no penalty for not displaying two license
plates then the primary purpose of the statute is defeated. There would be far reaching
results for law enforcement and the general public if law enforcement had no way to
identify vehicles transporting victims, drugs, and criminal suspects. There would be no
just and reasonable result.


https://www.oag.state.tx.us/opinions...f/RQ1014GA.pdf

So... this guy's opinion is that without a penalty for not displaying two plates, LE would have no way to identify vehicles transporting victims, drugs, and criminals...

That makes no sense to me. Does this guy think that all criminals drive around with one plate?

Plus, its still against the law to not have two plates... so officers can still pull those cars over, thus still discovering the illegal activity. The criminals get arrested for the drugs, warrants, whatever... and the innocent (as innocent as a 1-plater can be) are sent on their way. Sounds to me like LE still has their 'cause' for pulling cars over...

[hot_rod]

I'm with ya, they can pull ya over for it.

>>>>as innocent as a 1-plater can be



That's me!

Suppose they pulled me over and....found no drugs, no weapons of mass destruction, no contraban......nothing!

Now what?

[josephff]

i looked through the city of mckinney's ordinances and could not find one thing in there about license plates (other than the traditional handicapped and special plates addendums)

However, its my understanding that local authorities can enforce a state law more strict and it still be upheld, as long as it does not conflict with the actual state law. This will be def be an interesting outcome.

[Vanchevy]

[QUOTE= This will be def be an interesting outcome.[/QUOTE]

Yes it will I also tried to find any thing on the (city laws about the front plate no such thing)

[LonghornLove]

I asked a state trooper about this. He told me he received an email on the issue but didnt really read it bc he doesnt pull people over for it. He told me it was sent to the attorney general ( i knew this already). So I guess thats one less cop I have to worry about pulling me over. I haven't taken my plate off yet but I was wondering how the bracket is removed and how bad the holes look from it, Also, how can they be covered

[mlee]

Originally Posted by LonghornLove

I asked a state trooper about this. He told me he received an email on the issue but didnt really read it bc he doesnt pull people over for it. He told me it was sent to the attorney general ( i knew this already). So I guess thats one less cop I have to worry about pulling me over. I haven't taken my plate off yet but I was wondering how the bracket is removed and how bad the holes look from it, Also, how can they be covered

Stop off at the Pearland Car meet sometime on a Friday... there are a couple of Camaros there that have had that repair done. The holes look pretty bad when the bracket is taken off. Imagine taking a power drill to your front bumper...

[LonghornLove]

Is this at the Home Depot on Dixie Farm? I used to live right behind it in pinehollow estates. As for stopping by, I can't for awhile. I work out of town in Snyder Tx (about an hour south of Lubbock) but I will next time I am in town. Just let me know where it's located

[STEALTHMODE]

Does anyone know what the ticket costs if issued by DPS? I'm not worried about local cops as they only use it as PC for a stop. I have hide a plate. Front plate hidden when good, front plate up when bad!

[josephff]

Originally Posted by STEALTHMODE

Does anyone know what the ticket costs if issued by DPS? I'm not worried about local cops as they only use it as PC for a stop. I have hide a plate. Front plate hidden when good, front plate up when bad!

$0 according to the new legislation



However the old legislation is "misdemeanor punishable by a fine not to exceed $200." Regardless of who pulls you over and gives you the ticket