Warrant for my Arrest, Police refuse to detain me?

reply to post by XtheMasque


You are required to carry proof of auto insurance in Texas when driving a car; it is state law.

There is a system however, similiar to 30 other states, called
Texas Sure, that allows law enforcement officers to verify electronically whether or not you have auto insurance. This data is supplied to Texas and the other states, by the insurance companies you purchased your policy from.

From the source:

"Will all police officers use the TexasSure system or just Department of Public Safety troopers?

The system is available to all law enforcement agencies statewide.

If I get pulled over, will TexasSure tell the officer whether I have insurance?
In most cases, yes.

What if I don't have my proof of insurance card, and TexasSure verifies my coverage, will I get a ticket?
Each law enforcement agency will set its own policies; however, the law states that you must show proof of insurance. So it’s best to keep that card available at all times.

What happens if I'm pulled over and I don't have my proof of insurance card and TexasSure doesn't verify my coverage?
Your chances of getting a ticket go up dramatically. However, each law enforcement agency will develop its own policies."

Source: www.texassure.com...



[edit on 27-6-2010 by manta78]

reply to post by zaiger


they just use semantics in order to justify taking something a way. I don't see a license as a privelage but a right I earned by taking the test then obeying the traffic laws.
If something is deemed a privelage it can be taken away at any time. I once had someone tell electricity is a privelage not a right.

OP, I do understand how this can be seen as discrimination against the poor. I have been in a similar situation where I could not appear for a court date because I owned no car and the people I lived with REFUSED to take me (long story) at the last minute. The system really sucks, but learning how to work around it is the best option.

I really hope you get this sorted out. At least now you know what to do if this situation or one similar decides to rear its ugly head once again. As for what to do for now, just drive anyway. Get a job. Go to work. If they pull you over or try to charge you, explain to them that if they want their money you have to go to work. Have you spoken with a lawyer? Professional legal consultation is your best bet. A lot of firms will consult with you for free if you just walk in and ask questions.

Best of luck to you.

reply to post by ErEhWoN


Its not that unusual depending on where you live.. before I retired we were not supposed to book any warrants, even our own, under $10,000.. most FTA traffic warrants are well under $1000.

Your best best is surrendering to the agency that wrote the ticket, they'd be the ones with the case info, and are best set up to get you to the proper court. Also might consider taking a minimum amount of property with you to expedite the booking process.

If you have even the slightest medical problem and or take meds, be sure to make a big deal out of it.. med wards are super costly and here in LA County non violent misd arrests with health issues are "booked in" then "booked out".. a sentence of 30 days would be literally 12 hours in jail.

You can ask for a "9 line booking", aka "field booking".. if they have such a policy. An FTA is a misdemeanor, you can be released on a misd based on a "promise to appear" which is basically a ticket for you warrant with a court date about3 months in the future..

When you appear in court you can plea "not guilty" and show the DA/City attorney proof you were insured on that day.. the judge could drop all charges, waive all fees and send you on your way... or he could screw you. Mileage varies. Keep in mind "court fees" and "administrative fees" can be entirely different, the court can waive court fees but not mandatory DMV or other admin fees required by law.

My friend had a 9 year old warrant for driving without a license, I found out the issuing officer retired, meaning "the people" had no witness.. my buddy plead not guilty and the case was dismissed, all fees waived.. might want to check if the officer still works there.

reply to post by XtheMasque

I really hope you get this sorted out. At least now you know what to do if this situation or one similar decides to rear its ugly head once again. As for what to do for now, just drive anyway. Get a job. Go to work. If they pull you over or try to charge you, explain to them that if they want their money you have to go to work. Have you spoken with a lawyer? Professional legal consultation is your best bet. A lot of firms will consult with you for free if you just walk in and ask questions.

Thanx for well wishes.

I went to court today. I was told by the clerk I would have to pay a bond in order to see a judge.

I asked if he was in today, she said he was in training. No way to see a Judge unless I had $$$.

Only in America!!

Jersey Village, TX to be exact. They'll put a warrant out for your arrest, but won't even let you glimpse a judge.

C'est la vie

reply to post by GovtFlu

When you appear in court you can plea "not guilty" and show the DA/City attorney proof you were insured on that day.. the judge could drop all charges, waive all fees and send you on your way... or he could screw you. Mileage varies. Keep in mind "court fees" and "administrative fees" can be entirely different, the court can waive court fees but not mandatory DMV or other admin fees required by law.

I thought it would be that easy!!

Seriously, I was told I couldn't see a judge unless I paid. INSANE!!!!

Bottom line, they said don't come back unless you have money to pay. Want to see the judge, gotta post a bond.

I told the clerk I was indigent. Oh, well, come back when your not!!!

I cant see even see a judge if I am poor!?!?!?

INSANE!!!!

Welcome to TX! I need to get my butt back over the Mason/Dixon line, its crazy down here! Where the shop stewart?

It is beyond belief, and I left out of there at a loss for words. Still in shock.

Thanks for your encouragement.

[edit on 28-6-2010 by ErEhWoN]

Go to your local Department of Motor Vehicles and ask for a work permit.

Most states will issue them with proof of employment, or prospective employment and they allow you to drive to and from work only.

Most insurance companies now will let you download proof of insurance from the net. You are obviously on the net now, so this should not be an issue.

Every state I have ever worked in lists "Failure to Show Proof of Insurance" as an "automatic dismissible offense upon surrender of proof".. That means once you show the judge the paperwork proving you had insurance at the time of the stop, the charge is dismissed...

That is true in MD, DE and SC.. I would suspect it is true where you are as well

Good luck..

Semper

I had an MIP and an open container and they lost my paperwork for the MIP, but then sent me a 500$ fine for not paying the open container ticket on time which was BS anyway because i'm 17. So my mom called the courthouse and they had it transfered to Juvenile court and haven't heard from them since?

just had to poke a stab at richierich's reply fail.
good job man, there is skimming a post and missing the finer points then there is what you did

reply to post by semperfortis


Hello Marine,

The no insurance charge will be dismissed, I have provided the papers.

This won't clear my failure to appear. I still owe them now, $344.

If I wan't to see a judge, I have to post a $350 bond.

They don't seem to understand what INDIGENT means. Their attitude is "only come back when you have green money".

I cannot do my job with a 'drive to work permit', I am a truck driver. No one will hire me with this on my driving record.

The Ironic thing is, I have no other tickets, no other record. This is my only infraction the past 20 yrs.

I am not working today so I plan on trying to find out some information on the legality of this from the A.G. office.

I just refuse to believe that here in America, you have to pay to see a judge.

But my eyes have been opened.

Thanks for your words of encouragement.

reply to post by ErEhWoN


I'm guessing the money is the Court Costs although that seems pretty high..

Have you tried any help agencies?

Not sure what is in your area, but DARN IT, there should be people that will help you..

I mean you WANT to work and there are so many that do not..

Shame you are not in my state, I would certainly be able to help here..

For now, all I can do is wish you the best of luck and keep us updated...

Semper

Originally posted by ErEhWoN
reply to post by semperfortis

 

Hello Marine,

The no insurance charge will be dismissed, I have provided the papers.

This won't clear my failure to appear. I still owe them now, $344.

If I wan't to see a judge, I have to post a $350 bond.

They don't seem to understand what INDIGENT means. Their attitude is "only come back when you have green money".

I cannot do my job with a 'drive to work permit', I am a truck driver. No one will hire me with this on my driving record.

The Ironic thing is, I have no other tickets, no other record. This is my only infraction the past 20 yrs.

I am not working today so I plan on trying to find out some information on the legality of this from the A.G. office.

I just refuse to believe that here in America, you have to pay to see a judge.

But my eyes have been opened.

Thanks for your words of encouragement.

Failure to appear won't hurt your driving record, driver.

Originally posted by richierich
Driving is a PRIVILEGE, NOT A RIGHT. You must pay insurance and taxes and inspection fees and pay for the drivers license, etc. If you do not pay, then you do not drive. I hate the thought of someone getting away with not paying when I have to. You deserve the ticket, and i hope they hold you up until you pay it off.

Thats very typical of what they teach us in school.

Transporting your self in any way possible is a "RIGHT" not a privilege. Under common law, you are untitled to use any public spaces in any way you choice, so long as it doesnt detract from the choice of others. You are also allowed to use any property you have "like a car" at any time.

If you ask me, the whole idea of requiring insurance is absurd. The logic behind it is to protect people from monetary damage caused by bad drivers. Yet these insurance companies post record profits every year. I cant help but wonder, with all that money being laundered out of an economy and into the hands of the insurance corporation, just how much monetary protection are they offering? It seems counter productive, unless you are a bad driver, are the victim of a bad driver, or work for the insurance company.

I think car insurance should be sold along side life insurance and Lotto tickets. Thats all it is really, a mandatory lottery that you probably dont want to win. It launders money from economies, and uses such things as fear of monetary damage to maintain the illusion of necessity.

How can you be a truck driver and not afford the $350 fine?

reply to post by earthdude


You a correct, it is not on my driving record.

However, most businesses now conduct background checks, and this most definitely shows up.

I have even been rejected for bad credit.

reply to post by MojosGhost


I have been unemployed for over 8 months.

I hurt my back (herniated disks, not fun), and have been playing Mr mom in the meantime.

But the wife has been laid off, I need to get back to work! Unloading trucks with my back in this condition is out of the question.

Wow!!!!

I'd like to see Drgray and Richierich get put in jail for the weekend just cause they forgot their wallets and were going to Walmart to buy their beer and happened to get pulled over for being stupid.

It's not like this guy did something detrimental to national security. Jeez, he didn't have a paper document on him...big deal. You guys have gotten so used to the Nazi style cops we have these days, that you think nothing of someone asking you for "your papers". It used to be that you had 24 hours to march your azz down to the police station to show them that you did in fact have the paperwork, but those days have gone by the wayside because it just didn't bring in revenue like a good old court house appearance does. It's all a game and it is to fill the coffers of the county, state, city, fed, etc.

Some of you folks are heartless.
I suppose you guys think it is my PRIVILEGE and not my right to:
Ride a bike.
Ride a horse.
Drive a tractor.
Ride a dirtbike.
Ride a unicycle on private property.
Fly a kite.
Fly commercially.
Walk down a public road.
Walk drunk down a public road bothering non one.
Ride in a car with someone else driving.
Drive a boat.

If it was up to guys like RR and DR. we would have brownshirts at every corner asking you for paperwork..........Duh, we already do!!!! They just happen to be driving around in cop cars...cause that is their privilege!!!!!

Good luck with your case truckdriver. Buc the system all you can. Tell the clerk at the courthouse that you make .49 cents a mile and everytime you come over, you are gonna charge the county. Then hand them a bill. I'll bet you get to see the judge in a hurry. Oh yeah, tell them you just drove there from Alaska and watch the folks start steppin and fetchin to try and accommodate your case.

peas

Originally posted by theonlyrusty
Wow!!!!
Some of you folks are heartless.
I suppose you guys think it is my PRIVILEGE and not my right to:
Ride a bike.
Ride a horse.
Drive a tractor.
Ride a dirtbike.
Ride a unicycle on private property.
Fly a kite.
Fly commercially.
Walk down a public road.
Walk drunk down a public road bothering non one.
Ride in a car with someone else driving.
Drive a boat.

That was my point too. This is why there is no real precedence set to establish rules for transportation. This is also why, "fundamentally" it is completely within your legal right to drive with out insurance or a license, so long as it is not for logistic purposes.

reply to post by Redwookieaz


Thank You!!!
I can't believe these sheeple who spew out "If you had an accident who'd take care of the innocent parties?" Uhhh..... the ditch?? Tree?? Curb? MYSELF???
Who are these "innocents"?? The same ones who PURPOSELY cause accidents to scam insurance companies?? How come if you pay into ANY insurance for say...25 years they won't hear of covering you for free the next 5 to 10?? Or
refund at LEAST the interest made on your payments thru the years if you never made use of their "services"???
Outright legally mandated EXTORTION and always has been!!
NOBODY should need insurance if they learn to drive correctly from the very beginning!

My license just expired. I refused to renew it. I am unwilling to 'contract' with the state. When they capitalize your name in all CAPS....it means that you are a business entity. The STATE is not allowed to contract with the flesh and blood YOU, thus, your name in all caps. Your city, county and state are all in CAPS- they are corporations (not governments). The state wants me to sacrifice my God given rights, for the 'privilege' of obtaining a 'license' that will cost me time, money and put me under their jurisdiction. After 25 years of a perfect driving record, I am not interested.
If I am pulled over, I will be giving the officer a list of Supreme court decisions affirming my 'right to travel' (opposed to my 'right to drive'). If the officer then arrests me, I will go willingly. I will then hire a Constitutional attorney and sue for my civil rights being violated. I have no doubt I will win. I am going to go speak with the local sheriff and find out what his opinion is. I am unsure how a private corporate interest (the County) can arrest me when I have no contract with them (no license, registration, voter's registration, Social Security card, etc...). If the Police/Sheriff were actually government entities I would be under their jurisdiction, but since they aren't- it takes two parties to contract.
I will be traveling in a car with insurance. For my own protection I think it is a good idea. It is the car that is insured, not me. I don't believe insurance should be mandatory, but I would think that most people would want to buy it just to cover their losses should an idiot damage them.
A piece of paper does NOTHING to ensure that someone drives safely or according to the law. Most people would follow the recommended driving limits anyways. Where we have gone wrong in this country is when we shifted common law to statue law. If you were damaged by a driver thirty years ago, common law dictated that that party make you whole. Today, if your injured, the law has no interest in making you whole- the state cares about the profits derived from your unfortunate situation. Driving is a dangerous activity and a piece of paper doesn't change that. Like everything in life- you must be vigilant and defend yourself. Why do people think that more laws, and more law enforcement results in less danger? It doesn't- it just makes people feel safer. Were the roads less safe 40 years ago?