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  1. #11
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    Mar 2013
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    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    OP - Forgive me but I always have difficulty understanding posts like this.

    Your boyfriend drove without a license. In the grand scheme of life and the world, this is no big thing.

    Why can't he just say, "Well crap, I got caught doing something I shouldn't have. I guess I'll pay the penalty and move on with life." ?

    Is this really that big a deal????????

  2. #12
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    Oct 2014
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    8,238

    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting Harold99
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    You should know that this is not about simply paying a fine. This is about possibly doing community service or not getting his license until he is 19 or 21.
    The penalty for driving without a license in Texas for a first or second offense is a fine of up to $200. There is no possibility of either community service or jail time. Specifically, the statute states:

    (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.

    Tex. Transp. Code Ann. 521.025(c).

    There are additional fixed surcharges & fees that get added to tickets in Texas regardless of the fine imposed. (A lot of states do this though I dislike the practice.)

    A conviction will also result in 2 points against his driving record. Accumulating 6 points will result in a suspension of the license. Apart from the point system I see nothing in Texas law that would automatically deny a person license simply because he got a ticket as a minor for driving without a license. And in any event, the Texas restrictions on licenses for minors ends at age 18. If you have a citation to Texas law that does deny the license on that basis please provide it. I'd love to see it.

    Bottom line here appears to be that the main issue for the judge in the case is the fine to be imposed upon conviction for these two driving without a license charges. The points are automatic, the judge cannot waive or reduce the points. The judge cannot prevent the Department of Public Safety (DPS) from issuing a license later, and in making that decision DPS must apply the Texas statutes that specify who gets a license and who is ineligible for one.

  3. #13
    Join Date
    Feb 2020
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    750

    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting Taxing Matters
    View Post
    The penalty for driving without a license in Texas for a first or second offense is a fine of up to $200. There is no possibility of either community service or jail time. Specifically, the statute states:

    (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.

    Tex. Transp. Code Ann. 521.025(c).

    There are additional fixed surcharges & fees that get added to tickets in Texas regardless of the fine imposed. (A lot of states do this though I dislike the practice.)

    A conviction will also result in 2 points against his driving record. Accumulating 6 points will result in a suspension of the license. Apart from the point system I see nothing in Texas law that would automatically deny a person license simply because he got a ticket as a minor for driving without a license. And in any event, the Texas restrictions on licenses for minors ends at age 18. If you have a citation to Texas law that does deny the license on that basis please provide it. I'd love to see it.

    Bottom line here appears to be that the main issue for the judge in the case is the fine to be imposed upon conviction for these two driving without a license convictions. The points are automatic, the judge cannot waive or reduce the points. The judge cannot prevent the Department of Public Safety (DPS) from issuing a license later, and in making that decision DPS must apply the Texas statutes that specify who gets a license and who is ineligible for one.
    You may see it as driving without a license. I see it as likely driving on a suspended license and violating probation.

    Allow me to explain: A kid usually gets his license at age 16. This kid likely had a license, got it suspended, has another pending violation, then got pulled over and cited again.

    I don't' think it is a simple 'driving without a license.'

  4. #14
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    Oct 2014
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    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting Harold99
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    You may see it as driving without a license. I see it as likely driving on a suspended license and violating probation.
    I'm going by what the OP said:

    Quote Quoting kdr1151
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    My question involves a traffic ticket from the state of: Texas.
    Now I've been in this situation before and its pretty easy to get off the hook without a fine, however my boyfriend does not have his license yet. He is about to turn 18 in August and get his then.
    (Bolding added.) That suggests to me that he simply did not have a license. Had the license been suspended, I would have thought the OP would have said "however, my boyfriend's license is suspended" instead of saying he doesn't have a license yet. Also, the OP says that the prior violation was also for driving without a license and it's not clear if that case has even been resolved yet. There is no mention of a violation that got a license he had suspended. And certainly no mention of him being on probation. Again, if that were the case, I would think that the OP would mention it. In any event, I can only go by what the OP provided. If we start thinking there's more to it then we could speculate all kinds of possibilities, and perhaps none of them would hit the mark. If he was driving while on suspended or revoked license, or if he is on probation, perhaps he OP will come back to clarify that.

    If, as it appears to me, this is a matter of driving without a license, I've provided the law that applies to that. If it's something else, well, I'll discuss that should the OP provide that additional information.


    Quote Quoting Harold99
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    Allow me to explain: A kid usually gets his license at age 16.
    That wasn't quite true when I was a kid, and is much less true today. The Wall Street Journal reported last year that in 2017 only about 25% of 16 year-olds had a license, down from from about half in 1983. So based on that, I wouldn't assume that the boyfriend ran right out at 15 or 16 to get a license. More of them have licenses by the time they are 18, but that percentage has been dropping too. Kids today are not as into getting a license right away as they once were.

  5. #15
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    Feb 2020
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    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting Taxing Matters
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    I'm going by what the OP said:

    (Bolding added.) That suggests to me that he simply did not have a license. Had the license been suspended, I would have thought the OP would have said "however, my boyfriend's license is suspended" instead of saying he doesn't have a license yet. Also, the OP says that the prior violation was also for driving without a license and it's not clear if that case has even been resolved yet. There is no mention of a violation that got a license he had suspended. And certainly no mention of him being on probation. Again, if that were the case, I would think that the OP would mention it. In any event, I can only go by what the OP provided. If we start thinking there's more to it then we could speculate all kinds of possibilities, and perhaps none of them would hit the mark. If he was driving while on suspended or revoked license, or if he is on probation, perhaps he OP will come back to clarify that.

    If, as it appears to me, this is a matter of driving without a license, I've provided the law that applies to that. If it's something else, well, I'll discuss that should the OP provide that additional information.


    That wasn't quite true when I was a kid, and is much less true today. The Wall Street Journal reported last year that in 2017 only about 25% of 16 year-olds had a license, down from from about half in 1983. So based on that, I wouldn't assume that the boyfriend ran right out at 15 or 16 to get a license. More of them have licenses by the time they are 18, but that percentage has been dropping too. Kids today are not as into getting a license right away as they once were.
    Yes, I am reading more into it and filling in more blanks than you because not all details can be, or are willingly, provided here. It makes no sense to want to drive a car, as the OP's boyfriend does, and not just go down and get the license. IMO, there is a reason he does not have a license. It isn't because he reads the Wall Street Journal.

    As for licenses obtained at age 16, it is still very fresh in my experience having three boys 16, 28 and 29. Every single one of their friends clamored to get their licenses at 16. Not a single one willingly waited till some arbitrary age of 18 to get it. But I guess it is natural to get one's information from the internet when you don't have actual experience to fall back on. Heck, even when I was young, not a single person I knew waited until age 18.

    "Kids aren't into getting their licenses now?" What frick'n world do they live in to make such a statement? Let's see the actual interviews that back that up. Not fake and slanted stats like what we see with Covid.

  6. #16
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    Oct 2016
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    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting Harold99
    View Post
    "Kids aren't into getting their licenses now?" What frick'n world do they live in to make such a statement? Let's see the actual interviews that back that up. Not fake and slanted stats like what we see with Covid.
    Interviews don't mean crap. At most you would see two or three.

    How about multiple news reports....


    https://reason.com/2019/05/14/kids-a...e%20eventually.

    https://www.pbs.org/newshour/nation/...rivers-license

    https://www.wbur.org/cognoscenti/201...e-gerstenblatt

    https://wehavekids.com/parenting/7-R...rs-License-Yet

  7. #17
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    Feb 2020
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    750

    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Well, my personal experience of knowing at least 100 kids that wanted and got their driver's license at age 16 dwarfs any 'news report.'

    As we've seen with Covid, a news report can say whatever you want it to say. But, I'd assume you cannot see through that BS either.

  8. #18
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    Jul 2010
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    8,006

    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    As long as we're making up crap to apply to OP's boyfriend's situation, maybe he hasn't gotten his license yet because he is missing some form of paperwork. Maybe he can't afford it. Maybe he's just lazy. Maybe he can't get it with the prior driving w/o a license pending. Maybe he's been sick with the 'rona. Maybe he's... Well, you get the point.

    Further, Texas has a separate code for DWS which would be more applicable if that were the case, which it isn't cause we're just making stuff up at this point.

  9. #19
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    Oct 2016
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    4,301

    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting Harold99
    View Post
    Well, my personal experience of knowing at least 100 kids that wanted and got their driver's license at age 16 dwarfs any 'news report.'

    As we've seen with Covid, a news report can say whatever you want it to say. But, I'd assume you cannot see through that BS either.
    And what, exactly, do these very different news organizations have to gain from making this up? Fewer teen drivers not COVID.

  10. #20
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    Jul 2018
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    Default Re: Can You Be Pulled Over for Going 1 Mile Over

    Quote Quoting kdr1151
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    Is there any way to appeal or get out of the situation without a hefty fine?
    Probably not, given that your boyfriend apparently does not have any regard for the law that requires drivers to be licensed.

    He should discuss with his parents whether it would be in his or their interests to hire an attorney.


    Quote Quoting kdr1151
    View Post
    could that make the fine on the new one even higher or affect it at all?)
    Yes. The fact that this is his second ticket for the same crime may make things worse.

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