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Thread: In Texas, it's worse than you think

  1. #11
    Join Date
    Dec 2003
    Location
    Texas
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    191

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    Quote Originally Posted by mikell
    The thread about a front plate reminded me that in Texas we have a law that prohibits displaying a license plate that is obscured in any number of ways. The idea, I think, was to prevent the use of covers designed to thwart photo devices used to catch toll road scoflaws, and to prohibit outright covering all or part of the plate number itself.

    But, in a recent case, a Texas appeals ocurt upheld a conviction of a motorist whose plate was "obscured" by a license plate frame (like the ones dealers put on) that covered only the words "The Lone Star State" and part of a decorative logo - and did NOT cover any part of the number. The court held that anything which "obscures an original design feature of the plate" is a violation.

    Geez - so, I guess you just screw the plate to the car without any frame, or covering of any kind, unless you want to give some officer a reason to pull you over for a chat. I do not use a frame on my plates - Texas does require a front one.
    It does state in the law that the TEXAS on the licence plate must be visible and can not be obstructed. I would assume this would be the same for anyother wording on the plate. Some dealerships have started altering their plates by grinding away enough material on the cover to reveal TEXAS and Lone Star State.

  2. #12
    Join Date
    Mar 2006
    Location
    Maryland, Virginia, D.C.
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    705

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    So Texas passes a law requiring you to incriminate yourself. Sounds like a Constitutional violation to me.

  3. #13
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    Jul 2006
    Location
    Houston, Tx
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    worse yet... our city cops here in Houston will camp at overpass U-turn lanes to bust people stuck in traffic trying to make their U-turns for expired registration or inspection stickers. Naturally not having a place to pull over, sometimes they back traffic up even worse >:O How's that for entrapment!

  4. #14
    Join Date
    Dec 2003
    Location
    Texas
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    191

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    Quote Originally Posted by SnakeyesTx
    worse yet... our city cops here in Houston will camp at overpass U-turn lanes to bust people stuck in traffic trying to make their U-turns for expired registration or inspection stickers. Naturally not having a place to pull over, sometimes they back traffic up even worse >:O How's that for entrapment!
    How can that be entrapment? You have an expired registration or inspection sticker...

    The legal definition of entrapment: "A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case."

    he police aren't making you commit a crime or break the law... you've broken the law by having an expired registration or inspection sticker.

  5. #15
    Join Date
    Dec 2003
    Location
    Texas
    Posts
    191

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    Quote Originally Posted by ThoreauHD
    So Texas passes a law requiring you to incriminate yourself. Sounds like a Constitutional violation to me.
    I'm failing to see the connection... Please explain further.

  6. #16
    Join Date
    Jun 2006
    Location
    Frederick, MD
    Posts
    254

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    The reason the cops insist on you having a front plate is that license plates are specifically designed as radar, light, and laser reflectors. That's where they aim the laser speed gun, and obstruction of it means more difficult speed detection and therefore fewer tickets written.
    Mythbusters tested this, and found it all to be false. Nothing they put on or took off the car made any difference in radar detection. The even tried the bras out that claim to eliminate the signature.

    If any of this stuff worked, the Air Force would be spraying it all over old F16's to make them in Stealth fighters.
    1990 535i
    117,000mi
    Feederick, MD

    If it has **** or tires, you are going to have problems.

  7. #17
    Join Date
    Jul 2006
    Location
    kingsbridge, devon, uk
    Posts
    626

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    mythbusters, i like that show

  8. #18
    Join Date
    Mar 2006
    Location
    Maryland, Virginia, D.C.
    Posts
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    Quote Originally Posted by dternst
    I'm failing to see the connection... Please explain further.
    The purpose if a license plate is to identify that you have registered your vehicle with the DMV. Anything beyond that, like placing a GPS tracker on your car, or a bar code on your windshield or plate, is going beyond the purpose of registration. And falls into the realm of self-incrimination and privacy invasion.

    The truth is that under the Constitution, you do not have to register your car with the DMV at all. You do not need a license plate. All you need is the manufacturers certificate of ownership- which the dealer typically holds- and if you register your vehicle- the DMV typically holds. You have to buy the car outright and ask for it to get it.

    Article 4 ensures that the citizens of each state are to be treated as a citizen of any state they are visiting; there is to be free travel between states; that no special taxes be levied on the sales of goods to a citizen of another state; established extradition between the states; and established that the decisions of each states' courts would be recognized by all other states.

    Free means free. As in cost and liberty. If your state has signed this Constitution then it must abide by it. It is the supreme law of the land, and above states laws. States laws cannot conflict with it while being in the Union.

    Here is a nice tutorial for reference from last years presidential candidate.

    http://www.archive.org/details/Michael_Badnarik

  9. #19
    Join Date
    Mar 2005
    Location
    Houston, TX
    Posts
    505

    Default Let us know when you case comes up

    Quote Originally Posted by ThoreauHD
    The truth is that under the Constitution, you do not have to register your car with the DMV at all. You do not need a license plate. All you need is the manufacturers certificate of ownership- which the dealer typically holds- and if you register your vehicle- the DMV typically holds. You have to buy the car outright and ask for it to get it.
    Go for it, amigo - I prasie your libertarianism. However, this may be one of those battles where victory is elusive. You know, government has found all of these ways to raise money and way more ways to spend it.

    I know people who say that driving is a constitutional right and so one need not have a driver's license. I also know people who claim that they don't have to pay income taxes because the US went off of the gold standard. And then there are those who claim that the federal govenrment is not allowed to levy taxes on the citizens of Texas because the article of annexartion (1845) are void.

    So, give it a test and let us know how you do in the Supreme Court. We are all pulling for you. Power to the people.

    Best of luck.

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