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Old 10-17-2013, 05:26 PM   #87
bv11
Gnarly Adventurer
 
Joined: Nov 2011
Location: Midwest
Oddometer: 111
Quote:
Originally Posted by MotoTex View Post
Please. Show me the statute that indicates what you describe as a punishable offense.

I've looked, and have asked others who should know to show me. So far we don't have a winner.

Maybe you can succeed where I and they have failed.

I'm rooting for you. Let's see what you've got to show.

As you say, "Believe what you want." I prefer to see the proof.
Your use of the term "contracts" regarding this issue and the alternate meanings of simple words is right out of the sovereign citizen handbook. You made reference in another post referring to their agenda as "that crap", so it seems strange to me you are in tune with their views on this issue.

The verbiage used in the statutes is very simple non-legalese language and means nothing more or less than it says.

These are the applicable definitions

Quote:
(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.
These two definitions cover anyone issued a regular Texas driver's license, a temporary, instructional, or occupational license (which is referred to as a hardship license in most other states), anyone who is not licensed, and anyone granted authorization to drive because they are a non-resident and have a driver's license from their home state. In short, anyone and everyone who might be found driving a vehicle.


These statutes require a driver's license to operate a motor vehicle on a highway, require the license to be exhibited on demand, and provide the penalty for failure to do so.

Quote:
Sec. 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.

Sec. 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;
(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; and
(3) if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person, an offense under this section is a Class A misdemeanor.
(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).
These are the only Texas residents exempted from the requirement to hold a Texas driver's license when operating a motor vehicle.

Quote:
Sec. 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.
Anyone other than those listed in Sections 1 or 2 above are clearly required to have, and exhibit on demand, a driver's license appropriate for the vehicle they are operating. The penalties for failure to comply are clearly spelled out.

It is all spelled out in plain language. Whether or not you choose to believe the words mean something other than what they do is up to you. Either way, I wish you well and I'm done with this.
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