INTRODUCTION TO THE CODES
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1 INTRODUCTION TO THE CODES Transportation Code and More Texas Municipal Courts Education Center OBJECTIVES By the end of this class, Participants will be able to: Identify Types and Sources of Law Identify Laws Applicable in Municipal Court Acquire Skills to Find Laws Apply Skills Primary Legal Sources United States Constitution Texas Constitution State Statutes City Ordinances Case Law Rules / Regulations / Attorney General opinions 1
2 Secondary Legal Sources The Recorder (TMCEC) The Forms Book (TMCEC) The Bench Book (TMCEC) Black s Law Dictionary Texas Criminal & Traffic Law Manual The Brick Surfing the Code Table of Contents Index Frequently Used Codes Helpful Indexes: Transportation Code Code of Criminal Procedure Penal Code 2
3 Texas Statutes Online Select Code Select Chapter Select Section Frequently Used Codes Penal Code Code of Criminal Procedure Transportation Code Alcoholic Beverage Code Education Code Health and Safety Code Texas Transportation Code (TC) TITLES: 1-7 Subtitles: A-Z CHAPTERS: Subchapters: A-Z SECTIONS: Ch. # Ch. #.999 Subsections: (a) or (1) or (A) or (i) TC TC TC
4 Transportation Code Title 7 - Vehicles and Traffic Subtitles A - J Chapters Transp. Code, Title 7, Subtitle A Title 7, Subtitle A, Certificates of Title and Registration of Vehicles (chapters ) Expired registration Improper or No registration Wrong, Fictitious, Altered, Obscured Insignia (sticker) (a)(4), -(d) - Class B among Class C s corresponding license plate law Transp. Code, Title 7, Subtitle B Title 7, Subtitle B - Driver s Licenses & Personal ID Cards (chapters ) DL required DL must be displayed (d), (f) - defense of valid DL and fee Dismissal of Expired DL charge General Penalty 4
5 Transportation Code Chapters Ch Definitions (1) - Operator (11) - Motor Vehicle (5) - Highway or street (1), (5) - Daytime / Nighttime (10) - Stop Ch General Provisions Vehicles on Highways General Offense General Penalty (a) - Use of Fines (b) - Excess fines law , enhanced penalties for offenses in construction zones & FTYROW offenses causing injury 5
6 Ch Arrest and Prosecution Arrest authority Citation and release Citation required for certain offenses Records, reports Ch. 544, Traffic Signs, Signals, and Markings Must Obey Traffic Control Device (1) - definition of official trafficcontrol device (d) - Run red light Run stop sign Ch. 545, Operation and Movement of Vehicles Turning and Signals Right-of-Way rules Parking Speeding Seat Belts / Child Safety Seats (d): different fine ranges 6
7 Ch. 547, Vehicle Equipment General Offenses (a) - offense (c), (d) - compliance dismissal and limitation Lighting requirements Ch. 550, Accidents and Accident Reports offense location compare with (c), (b), (b) - two levels of offenses, Class B vs. Class C Ch. 551, Operation of Bicycles, Mopeds, and Play Vehicles mopeds and electric bicycles (a) - bicycle operators must comply with traffic laws for motor vehicle operators 7
8 Ch. 552, Pedestrians Traffic Control Signals (Crossing at lights) Crossing at Point Other Than Crosswalk ( Jaywalking ) Use of Sidewalk (16) - definition of sidewalk Transp. Code, Title 7, Subtitle D Title 7, Subtitle D - Motor Vehicle Safety Responsibility (chapters ) , Fail to Maintain Financial Responsibility (FMFR) offense and penalties First offense: $ Subsequent offenses: $350-1,000 Transp. Code, Title 7, Subtitle E Title 7, Subtitle E - Vehicle Size and Weight (chapters ) (g) - certain fines split with State See also (h), (j) 8
9 Transp. Code, Title 7, Subtitle F Title 7, Subtitle F - Commercial Motor Vehicles (chapters ) State enforcement of federal commercial motor vehicle regulations See also 37 Tex. Admin. Code 4.11(a) Transp. Code, Title 7, Subtitle G Title 7, Subtitle G - Motorcycles & All Terrain Vehicles (chapters ) Helmets and Exceptions Transp. Code, Title 7, Subtitle H Title 7, Subtitle H - Parking, Towing and Storage of Vehicles (chapters ) Privileged Parking Designating parking spaces Offenses for Privileged Parking Administrative Adjudication of Parking Offenses Abandoned / Junked Vehicles 9
10 Transp. Code, Title 7, Subtitle I Title 7, Subtitle I - Enforcement of Traffic Law Procedures (chapters ) Scofflaw / DMV refusal to register vehicle Nonresident Violator Compact Omnibase / DPS denial of DL renewal DPS DL surcharge program No QUOTAS for peace officers and judges Transp. Code, Title 7, Subtitle J Title 7, Subtitle J - Miscellaneous Provisions (chapters ) Transportation of Loose Materials Offense; Penalty Requirements for Transporting Loose Materials Code of Criminal Procedure 14.06(b) - peace officer s option to issue citation Plea of Guilty or No Contest in Misdemeanor Plea in open court or by mail; payment of fine as no contest plea; when to file formal complaint; citation serves as first complaint Requisites of Complaint Deferred Disposition Driving Safety Course 10
11 Penal Code General Penal Code provisions Definitions burden of proof, exceptions, defenses, affirmative defenses, presumptions voluntary act or omission; culpable mental states 12.03, 12.23, 12.41(3) - Class C misdemeanors and punishment Penal Code offenses in municipal court 22.01(a)(3), (c) - Assault 31.03(a), (e)(1) - Theft 42.01(a), (d) - Disorderly Conduct Public Intoxication // Open Container Questions? 11
INTRODUCTION TO THE CODES
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