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Immediate
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SEATBELT
SAFETY:
Texas Law now requires that all children between the ages of 4 and 17 wear a
seat belt while riding in a vehicle.
It is an offense if you operate a passenger vehicle and transport a child who is
younger than 4 years of age or less than 36 inches tall and you do not keep the child secured
during the operation of the vehicle. The child must be secured in a child safety seat
system according to the instructions of the manufacturer of the safety seat system.
You commit an offense and can be ticketed if you are not wearing a seatbelt while riding in
a motor vehicle while it is in operation and you meet the following conditions:
-you are at least 15 years old and you are riding in a seat that is equipped with a
safety belt and you are not secured by this belt.
It is a defense to prosecution if:
-you possess a written statement from a licensed physician stating that for
medical reasons you are not to wear a seatbelt;
-you present to the court no later than 10days after the date of offense, a letter from
a licensed physician;
-you are employed by the United States Postal Service and you are performing a duty
that requires you to service postal boxes from a vehicle or that requires frequent entry into
and exit from a vehicle;
-you are employed by a public or private utility company and are engaged in reading of
meters or performing a similar duty for that company requiring frequent entry and exit of a vehicle.
GASOLINE THEFT:
Your license can be suspended for 180 days if you dispense motor fuel in your vehicle and leave the premises without paying for the fuel and if you have had prior convictions for motor fuel theft. Your driver’s license can be suspended for one year if you have previously had your
driver's license suspended.
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GENERAL PUNISHMENT
CLASSIFICATIONS:
Class C Misdemeanor fine not to exceed $500.00, no jail time. Class B Misdemeanor punishable
by confinement in the county jail up to 180 days and a fine not to exceed $2,000.00.
Class A Misdemeanor punishable by confinement in the county jail for up to 1
year and a fine not to exceed $4,000.00.
State Jail Felony punishable by confinement in the State Jail Facility from between 180 days
to 2 years and a fine not to exceed $10,000.00.
Third Degree Felony punishable by confinement in prison from 2 years to 10 years and a fine
not to exceed $10,000.00.
Second Degree Felony punishable by confinement in prison from 2 years to 20
years and a fine not to exceed $10,000.00.
First Degree Felony punishable by confinement in prison from 5 years to life imprisonment and
a fine not to exceed $10,000.00.
First Degree Felony Enhanced (with one
prior felony conviction) punishable by confinement in prison from 15 years to life and a fine not
to exceed $10,000.00.
Habitual Offender (with two prior felony convictions) punishable by confinement in
prison from 25 years to life and a fine not to exceed
$10,000.00.
PENALTY
INCREASES
RETALIATION:
Retaliation is now a Second Degree Felony offense if the victim was harmed or
threatened because of the victim's status as a juror
TAKING A WEAPON FROM AN
OFFICER:
Taking a weapon from an officer is a Third Degree Felony. It is a State Jail Felony if the person merely attempts to take the weapon.
EVADING
ARREST:
Evading arrest is a State Jail Felony if a person uses a vehicle while in flight. It is now a Third Degree Felony if a person uses a vehicle and has been previously convicted of evading or if the pursuing officer suffers serious bodily injury.
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David B. Frank
Attorney And Counselor At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
Tel. 512-499-0969
Fax. 512-499-8220 |
Reproduction of any material on this site without written
permission is strictly prohibited.
© Copyright
2002-2012 David Frank, Attorney at Law. All Rights Reserved. |
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