TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Enhancements under TRC521.025 LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMIN
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Enhancements under TRC521.025 LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMIN Login/Join 
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Can anyone shed some light, possibly with case law, on whether or not the language in TRC 521.025 - LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY is meant to cover the offense of NO DRIVER LICENSE as it relates to TRC 521.021 - LICENSE REQUIRED? There is no offense, penalty or fine attached to 521.021 so I believe that it is covered under 521.025 and that the offenses of No Driver License and Fail to Display Driver License are actually synonymous arrest titles. More specifically, would two convictions for the offense of No Driver License, within the guidelines of (C)(2) be sufficient to enhance to a Class B Misdemeanor or must the convictions actually be worded as Fail to Display Driver License?

Should peace officers avoid the use of the generic, but most commonly used and accepted, arrest title of No DL and only cite for Fail to Display Driver License? I believe that 521.025(a)(1)(2) actually stipulates that the offense of No Driver License is covered under this section and the wording of the arrest title is not at issue for enhancement.

HELP, PLEASE!?!?!

This message has been edited. Last edited by: MScheffler,
 
Posts: 30 | Location: Austin,Williamson County, Texas | Registered: August 13, 2005Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Enhancements under TRC521.025 LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMIN

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