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I need help to see if I am missing something. Under 550.026 Transportation Code a person has a duty to give notice of the accident...How is that enforced? Is it a criminal offense if they leave if their vehicle is inoperable. Help?
 
Posts: 47 | Location: Brenham, Texas | Registered: January 22, 2004Reply With QuoteReport This Post
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I am not an expert but if the vehicle was in an accident and left unattended and inoperable wouldn't an officer just need to write a ticket to the vehicle's registered owner once he sees or is notified of the unattended, inoperable vehicle, especially if it is evident that the reason it is unattended and inoperable is due to an accident.
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
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I guess I am trying to determine what level of offense it is?

Julie
 
Posts: 47 | Location: Brenham, Texas | Registered: January 22, 2004Reply With QuoteReport This Post
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Well, the duty to report is in Chapter 550, which falls under Subtitle C of Title 7. Earlier in Subtitle C, in Chapter 542, you can read in 542.301 that, "A person commits an offense if the person performs an act prohibited or fails to perform an act required by this subtitle....[e]xcept as otherwise provided, an offense under this subtitle is a misdemeanor." And shortly thereafter, in 542.401, it says that, "A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200."

So, looks to me like you have a Class C Misdemeanor on your hands.
 
Posts: 41 | Location: 47th District | Registered: June 04, 2004Reply With QuoteReport This Post
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