Got a No Driver License Ticket in Texas

[cnicholson]

I was suspended for DWI and have an occupational license.

Problem is, that I was driving outside the permitted hours. The officer was understanding as to why, and decided to write me a citation for No Drivers License instead of taking me to jail that night.

Questions:

Can I take the defensive driving course for this?
Will or can I still goto jail if I am found guilty and pay the fine?
What can I still get as a punishment for this ticket, since he didn't take me to jail that night.

Emails welcome to @ sinn_man@yahoo.com

Thanks,
Chuck

[txinvestigator1]

I was suspended for DWI and have an occupational license.

Problem is, that I was driving outside the permitted hours. The officer was understanding as to why, and decided to write me a citation for No Drivers License instead of taking me to jail that night.

Questions:

Can I take the defensive driving course for this?
Will or can I still goto jail if I am found guilty and pay the fine?
What can I still get as a punishment for this ticket, since he didn't take me to jail that night.

Emails welcome to @ sinn_man@yahoo.com

Thanks,
Chuck

What was the actual charge on the ticket? No DL or Driving While License Suspended?

Here are a few laws. This is the law relatin to no DL.


Texas Transportation Code
§521.021. License required.

A person, other than a person expressly exempted under this
chapter, may not operate a motor vehicle on a highway in this state
unless the person holds a driver's license issued under this chapter.


If you are required to have a license and do not, here is the Statute;


Text
§521.025. License to be carried and exhibited on demand; criminal
penalty.

(a) A person required to hold a license under Section 521.021
shall:

(1) have in the person's possession while operating a motor
vehicle the class of driver's license appropriate for the type of
vehicle operated; and

(2) display the license on the demand of a magistrate, court
officer, or peace officer.

(b) A peace officer may stop and detain a person operating a
motor vehicle to determine if the person has a driver's license as
required by this section.

(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; and

(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.

[cnicholson]

He wrote me for: No Drivers License.

Can I take defensive driving for this ticket?

Thanks,
Chuck

[scott715us]

I'm not from TX, but I wouldn't understand how they would give you defensive driving if the offense you are charged with is not related to a moving violation. You were not driving reckless or speeding, you were simply driving without a valid license. In TN, you would look at a fine and possibly some probation.

[ChesCopPodz]

No you won't get defensive driving for not having an OL. Yes you can go to jail for it. You have a better chance of getting jail time when the judge sees that it wasn't just that you have no license, but that you were suspended DUI related. More than likely you will now lose your occupational license as well.

By law here, I'd have to impound your vehicle for 30 days and you would pay the cost of that. Plus you would get jail time.

[1099hunter]

Texas Transportation Code

§521.250. Court order in operator's possession.

A person who is issued an occupational license shall have in
the person's possession a certified copy of the court order granting
the license while operating a motor vehicle. The person shall allow a
peace officer to examine the order on request. (Added by L.1995,
chap. 165(1), eff. 9/1/95.)



§521.253. Criminal penalty.

(a) A person who holds an occupational license commits an
offense if the person:

(1) operates a motor vehicle in violation of a restriction
imposed on the license; or

(2) fails to have in the person's possession a certified copy
of the court order as required under Section 521.250.

(b) An offense under this section is a Class B misdemeanor.

(c) On conviction of an offense under this section, the
occupational license and the order granting that license are revoked.

(Added by L.1995, chap. 165(1), eff. 9/1/95.


There is no chance of defensive driving and your very fortunate that you did not go to jail.

[P01IC3M4N]

I was suspended for DWI and have an occupational license.

Problem is, that I was driving outside the permitted hours. The officer was understanding as to why, and decided to write me a citation for No Drivers License instead of taking me to jail that night.

Questions:

Can I take the defensive driving course for this?
Will or can I still goto jail if I am found guilty and pay the fine?
What can I still get as a punishment for this ticket, since he didn't take me to jail that night.

Emails welcome to @ sinn_man@yahoo.com

Thanks,
Chuck

sounds like he cut you a big azz break while still hammering you. i do that all the time. after filing several DWLS cases and only seeing people get probation, we just write no DL and put 'suspended' on the ticket. that tacks on an extra fee and goes against your record. it's a C so no jail time unless you pay the ticket.

one other thing, get your azz off the road unless you're supposed to be on it.

[P01IC3M4N]

no jail time unless you "don't" pay the ticket

[cnicholson]

The DPS officer also stated that I needed a Brown Card from the DPS office along with the Court order.

I keep reading the laws on driving with an Occupational License and none state anything about the card, but all mention I have to have the court order. Is there any part of the amendements or anything that states I have to have the brown card?

I am so damm confused. The judge and the lawyer told me I was safe as long as I have the court papers, but each DPS officer I talk to tells me I HAVE to have the brown card mostly along with the court papers.

**** Also, I am being told that the Texas DPS will charge me a $250 fee to get my license now that I have a No Drivers License on my record. What is this all about and how long will this last and what other issues will this bring me down the road?

Another question, will this No Drivers License hurt me on my insurance or since its a non moving violation that it will not go against me.

Any feed back is welcome.
Thanks,
Chuck

[1099hunter]

Yes the "brown card" you are referring to is the occupational license. The papers you have are the court orders granting an occupational license. It (the brown card) must be on your person at all times when operating a motor vehicle and must also be signed by the person issued, failure to do so would be in violation as it is clearly printed on the Occupational License. This "brown card" is what you are going to present as your D.L. if and when you are stopped. Contact your local DPS licensing division in regards to being issued the "brown card."