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Old 03-04-2013, 06:13 PM   #1
MadMax
 
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Drives: 2008 Yaris Liftback (Sprocket)
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Quote:
Originally Posted by BennyLava View Post
Not according to a judge here in johnson county. Mother inlaw works in the county clerks office and we were talking about this. A guy sent in an article talking about how the TX state legislature failed to make a decision on it and won't meet on it for 1 year. Well a little less than a year now. The judge dismissed the ticket and she asked why and he said if they don't do something on a law, there can be no law. You'd have laws that were floating around out there for no reason and laws that were supposed to go away that didn't. He said that the way that it works in TX, its suspended until they make a decision on it and put it in the books. So technically, I could cite that as a precedent and get out of it either way.
Then hope you get that same judge! Otherwise, if you get a different one you're not going to be a happy camper!

That particular judge can rule any way he wants, but the state law still stands regardless of whether there is a change proposed or not.

And cite his rulings all you want, it isn't considered "case law" as the ruling isn't by a higher court.

Read and learn: http://faculty.law.lsu.edu/toddbruno...persuasive.htm
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Old 03-04-2013, 09:53 PM   #2
BennyLava
 
Drives: 1987 Silverado
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Originally Posted by daf62757 View Post
I think you legal eagles are missing the original question.

The only way to mount a front license plate is to drill through the plastic. If that is an issue, you probably could get some adhesive that is strong enough to hold the bracket in place but if it falls off, you would have to get another plate and I suspect that would cost a lot, both in dollars and time.
I'm going to make one that screws to some solid part underneath the car and sticks out in front of the bumper by about 1/4 of an inch.

Quote:
Originally Posted by jpmck03 View Post
The current law is you have to have a front plate in TX... but the legislature met to discuss changing the law, but made no decision, so now the law magically doesn't count until they meet again to decide to get rid of the law again?
Quote:
Originally Posted by MadMax View Post
Then hope you get that same judge! Otherwise, if you get a different one you're not going to be a happy camper!

That particular judge can rule any way he wants, but the state law still stands regardless of whether there is a change proposed or not.

And cite his rulings all you want, it isn't considered "case law" as the ruling isn't by a higher court.

Read and learn: http://faculty.law.lsu.edu/toddbruno...persuasive.htm
Ok I have since asked her to clear it up. She said that he did not rule based on his opinion, but on the way the law works in TX regarding the TX state legislature. That particular law had 6 years to live. Its time was up. Therefore, the TX state legislature HAS to make a ruling on whether or not the law will continue to exist or die. If they do not, then it dies. That means, that it CAN NOT be illegal to run no license plate. No law, no illegal. Its the exact same thing, according to him, as if there is no law saying you can't step on and squish a turnip. There is no law, so you can.

No ifs, ands or buts. This law that is in place regarding the expiration dates of other laws, makes sure that the legislature does their job and takes action on laws and doesn't just leave it for the next guy and make a mess for everyone. Therefore, until they convene next year in Jan, technically, its completely legal in TX to run no front plate. Because there is no law one way or another regarding it. Its dead, but they can revive it. My guess is that they will. He said that he read that there was some mistake, and during session, the law did not get brought up in time. It didn't get entered into the list of laws that they were going to be working on. And it can't be brought up again for a year.

Also I didn't say you wouldn't still get a ticket for it. Any of you who've ever dealt with the cops know they know jack squat about the law they're paid to enforce. They're just as likely to just write you the ticket and let you deal with the judge and let him worry about if it was actually legal or not. Not caring that you're going to have to pay court costs and such. That's just how they roll. Typical government fashion. And that's why I'm putting a plate on regardless of if its illegal right now or not. For the cops to actually stop bothering people about it, the TX state legislature would probably have to come out and say "We did away with that stupid law".

Last edited by BennyLava; 03-04-2013 at 10:05 PM.
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