Legal Question in Traffic Law in Texas

Proof of insurance

My husband and a friend were stopped by the Texas Highway Patrol and I had not put our renewed insurance card in the truck before they left. Both my husband and friend (friend was driving) were given a ticket for no proof. Our friend was told the fine is $750 but we have the insurance cards showing that it was in force on the day they were stopped. What should they do?


Asked on 2/14/04, 6:00 am

1 Answer from Attorneys

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: Proof of insurance

As long as you show that the vehcile was insured at the time of the stop the court shall dismiss the ticket. The law which applies is:

SUBCHAPTER G. FAILURE TO MAINTAIN MOTOR VEHICLE LIABILITY INSURANCE OR OTHERWISE ESTABLISH FINANCIAL RESPONSIBILITY; CRIMINAL PENALTIES

� 601.191. Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement; Offense

(a) A person commits an offense if the person operates a motor vehicle in violation of Section 601.051.

(b) Except as provided by Subsections (c) and (d), an offense under this section is a misdemeanor punishable by a fine of not less than $175 or more than $350.

(c) If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000.

(d) If the court determines that a person who has not been previously convicted of an offense under this section is economically unable to pay the fine, the court may reduce the fine to less than $175.

Acts 1995, 74th Leg., ch. 165, � 1, eff. Sept. 1, 1995.

� 601.193. Defense: Financial Responsibility in Effect at Time of Alleged Offense

(a) It is a defense to prosecution under Section 601.191 or 601.195 that the person charged produces to the court one of the documents listed in Section 601.053(a) that was valid at the time that the offense is alleged to have occurred.

(b) After the court verifies a document produced under Subsection (a), the court shall dismiss the charge.

Acts 1995, 74th Leg., ch. 165, � 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 844, � 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 961, � 1, eff. Sept. 1, 1999.

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Answered on 2/14/04, 10:20 pm


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