Traffic Ticket Attorney For No Insurance Tickets
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No insurance traffic tickets in the state of Texas have the most severe consequences on a person’s driving record if they become convictions. The issues related to no insurance tickets are so complex that one single blog could not possibly do the subject justice. However, some of the basics for dealing with no insurance traffic tickets and the terminology are listed below for your convenience. If you are representing a person with no insurance traffic tickets or need representation for a no insurance ticket, feel free to contact our legal experts today for more information.
LEGAL TERM USED TO DESCRIBE “NO INSURANCE” TICKETS – Most courts across the state of Texas will refer to these types of tickets as a “Failure to Maintain Financial Responsibility.” This term is also used as an acronym “FMFR” to abbreviate the verbiage. If you hear this term, it is the equivalent of a no insurance ticket. The legal term used by attorneys and courts finds it’s origin from the code sections contained in the Transportation Code at Section 601 dealing with no insurance issues. There are many different legal resources to pull up the full code sections contained in Section 601. We have great success using: http://www.statutes.legis.state.tx.us/.
FINES FOR NO INSURANCE CASES
Fines are a major issue when representing a defendant on an FMFR charge. Courts are ever increasing court costs and fines to try to make the cities more profitable. No insurance cases are a huge revenue generator because of how the courts are interpreting the law. You need to be able to understand and make solid arguments in favor of your client why the most severe financial penalties are not proper in your case. This argument has to be based on sound legal principles and have authority in the law. Remember, the court wants you to lose this argument. Don’t give them the opportunity to be right. The first statute that many courts across Texas are using to assess the financial penalties is listed below:
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Sec. 601.191 OPERATION OF MOTOR VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT; OFFENSE.
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(a) A person commits an offense if the person operates a motor vehicle in violation of Section 601.051.
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(b) Except as provided by Subsections (c) and (d), an offense under this section is a misdemeanor punishable by a fine of not less than $175 or more than $350.
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(c) If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000.
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(d) If the court determines that a person who has not been previously convicted of an offense under this section is economically unable to pay the fine, the court may reduce the fine to less than $175.
Because these fines only apply to cases where a violation of section 601.051, what does that statute say?
Sec. 601.051. REQUIREMENT OF FINANCIAL RESPONSIBILITY. A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:
(1) a motor vehicle liability insurance policy
As one can see, the ease of which to prove a violation under this statute leaves an attorney with very little wiggle room to make arguments of dismissals for a client who refused to purchase and maintain a valid insurance policy. Your best argument in this situation is to argue that your client should only be fined the minimum fine of $175.00 if it is their first case for no insurance. The next conversation that needs to be made is about the significant fines associated with a no insurance ticket. The client has to understand that it is cheaper to purchase and maintain a policy for a full year than to get one no insurance conviction.
As one can see, the issue of “no insurance” traffic tickets is complex and must be handled with care by any attorney. The attorney must have a sound understanding of the laws that apply to cases like these and they must be willing to stand up for their clients and fight for them. If you are looking for an experienced traffic ticket attorney to handle your insurance ticket, call our office today.