RE: [tips_and_tricks] Texas Driver's License
I think we all understood the case, Sterling. The point is, if one does not have a current driver license, it has either been surrendered or has expired, then one can not be charged with driving on a suspended license. One has no contract with the state in that instance and has no obligation to perform.
From: Sterling W Wyatt [mailto:swwyatt@...]
Sent: Friday, August 29, 2003 10:59 PM
Subject: Re: [tips_and_tricks] Texas Driver's License
The recently posted Arteaga *driving* case conviction that was overturned on appeal, does not prove that one can drive without a license.
It DOES prove that the elements of the specific crime Arteaga was charged with were not fulfilled at the TIME he was charged. Specifically, one's license can not be suspended if the license is not operative and current, therefore the requirement that he was driving when his license was lawfully suspended is not fulfilled. Or alternatively, any suspension must have occurred BEFORE the license expired, but in this instance, the alleged suspension occured AFTER his license had expired.
The State saw the mix up and agreed there was insuficient evidence showing he had a bonafide SUSPENDED LICENSE when actually CHARGED to convict him of driving on a suspended license.
It appears that the case is a good teaching aid - and for fooling potential trafic law protestors.
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