Court: Texas plates must be on front bumper

[Iceman II]

Texas drivers must display license plates on the front bumpers of their vehicles, the state’s top criminal court ruled Wednesday while upholding the conviction of a man sent to prison for 60 years on a drug charge.

The Texas Court of Criminal Appeals in a split decision Wednesday said it’s not good enough to just have a plate displayed somewhere else toward the front of the car or truck, like inside the front windshield.

Front” means the foremost part or beginning of a vehicle, not in the front half, or in the front portion,” Judge Cathy Cochran said in her majority opinion. “This meaning of ‘front’ as a location is not ambiguous and does not lead to an absurd result.

This is fresh off the press folks.

 

[txyaloo]

It's about time someone clarified the law. There's been so much discussion for years over it. This does make me wonder if the Legislature will try and "fix" the wording of the law in the next session. They tend to make things worse when they try and fix things.

The ticket is cheap enough that I chose not to run a front plate on my last 4 cars. You guys (Troopers) in my experience, are the only LE that actively stops people specifically for no front plate.

 

[VenomRogue]

the law was clear, until this bullshit court ruling.

Texas v. Lasoya clearly said that in the window was fine, as long as it was "clearly visible" ie: not tucked in the corner.


In this recent court ruling, the dumbshit had his plate wedged in between the dash and and windshield, which was not "clearly visible". Sucks that one idiot had to go and ruin it for the rest of us.


forcing people to drill holes in bumpers is just wrong....and 19 other states agree that front plates are not necessary.



edit:

previous ruling:

§ 502.404. OPERATION OF VEHICLE WITHOUT LICENSE PLATE OR REGISTRATION INSIGNIA.
(a) A person commits an offense if the person operates on a public highway during a registration period a passenger car or commercial motor vehicle that does not display two license plates, at the front and rear of the vehicle,


the law doesnt state "on the front bumper" just "at the front"

Caselaw:

http://www.3rdcoa.courts.state.tx.us/op ... onId=12576

most important part:

Losoya refers us to the statutory predecessor of section 502.404(a), which provided that it was an offense to operate a motor vehicle "without having displayed thereon, and attached thereto, two (2) license number plates, one (1) at the front and one (1) at the rear." Act of May 23, 1975, 64th Leg., R.S., ch. 621, § 3, 1975 Tex. Gen. Laws 1919, 1920 (Tex. Rev. Civ. Stat. Ann. art. 6675a-3e, § 5, since repealed) (emphasis added). The omission of the emphasized phrase from section 502.404(a) supports Losoya's argument that the present statute does not require the license plate to be physically attached to the vehicle. This, in turn, is some evidence that the license plate need not be attached to the front bumper of the vehicle as the State contends.

The apparent purpose of section 502.404(a) is to facilitate the identification of a motor vehicle by its license plate number whether it is moving toward or away from the viewer. While a place to display the license plate is usually found on the front bumper, the statute does not expressly require the use of this location. The display of the plate in some other place or manner is not inconsistent with the language or purpose of the statute. The officers testified that they could see the license plate in the windshield. We conclude that Losoya's display of his front license plate in the manner shown here did not violate section 502.404(a) as to give the officers grounds to reasonably suspect a violation of that statute.

The State also argues, as it did below, that the evidence shows a violation of transportation code section 502.409(a)(5) and (7), which at the time in question prohibited the display of a license plate that "has letters, numbers, or other identification marks that because of blurring matter are not plainly visible at all times during daylight" or that "has a coating, covering, or protective material that distorts angular visibility or detectability." Act of May 30, 1999, 76th Leg., R.S., ch. 1189, § 17, 1999 Tex. Gen. Laws 4153, 4161 (Tex. Transp. Code Ann. § 502.409(a)(5), (7), since amended). The State refers to Drozd's testimony that he could not read Losoya's license plate because of the glare of the sun on the windshield.

There is no evidence that the letters and numbers on Losoya's front license plate were blurred, obscured, or otherwise unreadable because any material on either the plate or the windshield. We do not believe that sunlight can reasonably be considered to be "blurring matter." There is also no evidence that the windshield distorted angular visibility or detectability. We find no basis in this record for reasonably suspecting a violation of section 502.409(5) or (7). We overrule the State's first issue or point of error.

The order granting the motion to suppress is affirmed.

they never should have deviated from this... he got off.....this other guy got SIXTY YEARS in jail because they wanted to change the license plate ruling.

the whole case, for those who want to know:


http://www.cca.courts.state.tx.us/opinions/pdfOpinionInfo2.asp?OpinionID=20044

 

[slider701]

they never should have deviated from this... he got off.....this other guy got SIXTY YEARS in jail because they wanted to change the license plate ruling.

He got 60 years in prison for possession of cocaine and a previous drug charge............not for not having a plate on the front of his vehicle.

 

[VenomRogue]

He got 60 years in prison for possession of cocaine and a previous drug charge............not for not having a plate on the front of his vehicle.

*edited by moderator*


but if you read both cases....the first one got off....almost the same situation....the second got the 60.

 

[FordSVTFan]

they never should have deviated from this... he got off.....this other guy got SIXTY YEARS in jail because they wanted to change the license plate ruling.

I doubt the Appellate Court ruled this way in order to change the case law on the license plate placement. The converse is likely true that they wanted to uphold the conviction of this guy because he was a drug trafficker and in order to do that they needed probable cause for the stop. Therefore as a result the license plate ruling is now changed.

 

[oldmodman]

My plate is firmly attached to my front bumper.

But my front bumper is in my back seat.:idea:

Is that still OK?:??:

 

[OhIIICobra]

My plate is firmly attached to my front bumper.

But my front bumper is in my back seat.:idea:

Is that still OK?:??:

Pretty sure Texas courts aren't gonna care what you do in California.

 

[Camaro_94]

:shrug:

They make motorized ones too.. That bracket was $50 + shipping. Just an option for some of you Texas guys with that law. I didnt want one perminantly mounted on my bumper.

 

[wigginwilly00]

I saw this on the news couple of days ago...

A couple of buddies and myself go back and forth on the issue of having one. Maybe they will listen to me now. As for me, it's just not that big of a deal having the plate upfront. I consider it a part of my vehicle and always have.

 

[00slvrL]

Here is where mine is on my L, if I can't get it centered or looking halfway decent I don't put it on, Found this to be ok with me and should not be a issue for LEO's either I would think.

 

[pixlix]

Damn this sux o wait I have a car dealer plate so I only need one lol dealer plate ftw

 

[Iceman II]

Here is where mine is on my L, if I can't get it centered or looking halfway decent I don't put it on, Found this to be ok with me and should not be a issue for LEO's either I would think.

Yep, I see no problem at all with this set up. Good to go.

 

[Iceman II]

(QUOTE=wigginwilly00) I saw this on the news couple of days ago...

A couple of buddies and myself go back and forth on the issue of having one. Maybe they will listen to me now. As for me, it's just not that big of a deal having the plate upfront. I consider it a part of my vehicle and always have.

Well I guess if your buddies want to pay the fine which is in the range of $160-200 then thats their problem. I would rather keep my money in my pocket thank you very much!

 

[RDJ]

I will continue to run with no front plates on both my cars until it gets too expensive to do so .... gotta pay to play LOL!

the SPOKES car club is gonna be dissapointed. a LOT of those guys run no front plate

 

[Iceman II]

I will continue to run with no front plates on both my cars until it gets too expensive to do so .... gotta pay to play LOL!

the SPOKES car club is gonna be dissapointed. a LOT of those guys run no front plate

Just remember RDJ, we have a data bank and can see how many times one has been cited or warned for it. I would hate to see the ticket go to something worse. Just fyi man.

 

[RDJ]

Just remember RDJ, we have a data bank and can see how many times one has been cited or warned for it. I would hate to see the ticket go to something worse. Just fyi man.

LOL I hear ya. In reality I think most cops will continue to ignore it as long as they can see it in the windshield like before. Hopefully one of these years the damn legislature will get off their ass and change the law to one plate. Hell I would be willing to pay the same amount in fees as I do now, just don't make me have a plate.

 

[wigginwilly00]

Well I guess if your buddies want to pay the fine which is in the range of $160-200 then thats their problem. I would rather keep my money in my pocket thank you very much!

Sir you're preaching to the choir. That $200 would be very useful towards that mod bug itch that I get every now and then..:rolling:

 

[VenomRogue]

its just a fixit ticket.

you get popped, just ziptie it on, goto the courthouse show the bailiff/prosecuter/clerk/whoever and pay the $10-15 "dismissal" fee, and go on your way....with or without the plate.

 

[FordSVTFan]

Well I guess if your buddies want to pay the fine which is in the range of $160-200 then thats their problem. I would rather keep my money in my pocket thank you very much!

^^Texas State Trooper^^

its just a fixit ticket.

you get popped, just ziptie it on, goto the courthouse show the bailiff/prosecuter/clerk/whoever and pay the $10-15 "dismissal" fee, and go on your way....with or without the plate.

Seems like there is a difference in opinion.