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Ticket Defense And Warrants Lifted In Rowlett Municipal Court
If you have received a traffic ticket in Rowlett, Texas or any other Texas City you need to have a good understanding of the laws that apply to these types of traffic tickets and how to defend a case that has been filed against you or your client (if you are an attorney) for “No Registration.” We can almost guarantee that most prosecutors and judges will have trouble finding the statute that should be applied for a registration citation. There are hundreds of statutes dedicated to this one simple issue. When our office represents person’s charged with “No Registration” we direct the attention of the prosecutor to Section 502.475 of the Transportation Code. We do this, not only because it is applicable, but because it can be interpreted to read that it does not matter how long the registration was out. So long as the defendant got it renewed, the case should be dismissed for $10.00. The relevant parts of the statute are outlined below.
- Sec. 502.475. WRONG, FICTITIOUS, ALTERED, OR OBSCURED INSIGNIA. (a) A person commits an offense if the person attaches to or displays on a motor vehicle a registration insignia that:
(1) is assigned to a different motor vehicle;
(2) is assigned to the vehicle under any other motor vehicle law other than by the department;
(3) is assigned for a registration period other than the registration period in effect; or
(4) is fictitious.
(b) Except as provided by Subsection (d), an offense under Subsection (a) is a misdemeanor punishable by a fine of not more than $200, unless it is shown at the trial of the offense that the owner knowingly altered or made illegible the letters, numbers, and other identification marks, in which case the offense is a Class B misdemeanor.
(c) A court may dismiss a charge brought under Subsection (a)(3) if the defendant:
(1) remedies the defect before the defendant’s first court appearance; and
(2) pays an administrative fee not to exceed $10.
Now, the key is to make sure that the registration issue was resolved prior to the appearance date on the ticket and that the client provides the attorney with a copy of the receipt showing the registration fee was paid for. Registrations can many times be taken care of online at: https://rts.texasonline.state.tx.us/NASApp/txdotrts/RegistrationRenewalServlet.
Rowlett Traffic Attorney
Have the client do this online and send you proof of the reciept to you. Normally it will take about 30 days to get the first court date anyway. This should be plenty of time for the client to get the proof necessary to get the case dismissed. Don’t let a client tell you they cannot get the information needed. The law requires this proof and statutes regulate what the client can do if the proof has been lost or destroyed.
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REGISTRATION RECEIPT. The department shall issue or require to be issued to the owner of a vehicle registered under this chapter a registration receipt showing the information required by rule.
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DUPLICATE REGISTRATION RECEIPT. (a) The owner of a vehicle for which the registration receipt has been lost or destroyed may obtain a duplicate receipt from the department or the county assessor-collector who issued the original receipt by paying a fee of $2.
ARGUMENT WITH THE PROSECUTOR FOR DISMISSAL: Many times the prosecutor will try to state that the registration was out too long for a dismissal if was beyond 30 days. Their argument is contained in Sec. 502.040 of The Transportation Code. This section states the following:
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REGISTRATION REQUIRED; GENERAL RULE. (a) Not more than 30 days after purchasing a vehicle or becoming a resident of this state, the owner of a motor vehicle, trailer, or semitrailer shall apply for the registration of the vehicle . . .
Now, if you are representing a person who has just purchased a new vehicle, then you may have a problem. However, most cases are not going to have this problem. Most cases are for people who simply let the registration go out and forgot to renew. Your argument for these cases is that Section 502.040 does not apply to your case. This case is not for a new purchase or new resident. This case is for an existing registered car in Texas where the defendant simply forgot to register which is covered by Section 502.475. Therefore, it does not matter how long the registration was out so long as it was remedied prior to the first court appearance. The case should then be dismissed for $10.00 as set forth in The Texas Transportation Code.
