Texas Traffic Laws
No License Required?
Court of Criminal Appeals of Texas
Ted Holloway
v.
State of Texas
Case No. 25192
Dated Decided; March 7, 1951Driving Motor Vehicle While License Suspended. Appeal from county court of Jones County; penalty, fine of $100.00 Hon. Roger Garrett, Judge Presiding
Appellate Panel:
Woodley, Judge.
Decision of the Court delivered by Honorable Judge Woodley
Appellant was convicted & accessed a fine of $100.00 under an information & complaint that appellant "did then & there unlawfully drive & operate a motor vehicle upon the public roadways of the state while his drivers license was suspended."
Appellant attacks sufficiency of the information to charge offense.
The prosecution appears to have brought under the provisions of Art.6687b, Vernon's Ann. Civil Statutes, commonly referred to as the Texas Driver Law, Sec. 27 thereof in part providing that no person whose operators, commercial operator's or chauffeur's license or privilege to operate a motor vehicle in this state has been suspended shall operate a motor vehicle during such suspension. Sec.44 of such act provides punishment for such offense by fine not to exceed $200.00.
The information against appellant fails to allege that appellant had been either an commercial operator's or chauffeur's license , or that he drove a motor vehicle while such a license was suspended.
In Hassell v. State, 149 Tex. Crim. 333, 194 S.W. 2d 400, an information alleging that the defendant operated a motor vehicle upon a public highway without a "drivers license" was held insufficient to charge an offense since a drivers license is not known to the law.
In Barber v. State, 149 Tex. Crim. 18, 191 S.W.2d 879, a complaint charging the operation of an automobile & failure to display operator's license, on demand of a peace officer, was held insufficient to charge offense in the absence of an allegation that accused was on the date of the alleged offense, a licensee.
The information being insufficient to charge an offense, the judgment is reversed & the prosecution ordered dismissed.
Opinion approved by the court.
CASE RESOLUTION Reversed & dismissed.
19510307 1951.TX188
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