Question:

Ticket for running a stop sign and having expired plates which is a mistake. Can I have case dismissed?

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I received a citation in TX for running a stop sign, as well as not having proof of insurance (I had the old insurance card in the vehicle - I have proof from the insurance company that the car is and was insured at the time). I was also given a citation for the plates being expired, which is incorrect - the plates are valid.

Since there is a mistake on the ticket (the plates being expired, which they are not), can the case be thrown out on procedure?

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5 ANSWERS


  1. no cops dont care what your situation is. they just want you to pay the ticket. they won't even try to listen to your explanation. they're complete jerks.


  2. Most jurisdictions will dismiss the no insurance (Financial Responsibility) ticket, however the law requires you have it with you not bring it later. I've been trying to convince my jurisdiction to charge court costs to those who never have their driver license or insurance with them.

    As for the tags being expired. It's Texas so there is a big sticker on the window that shows whether it is expired and the tag number is on the sticker too. How exactly did the officer make a mistake? No you aren't going to get off on a procedural error.

  3. No.  The warrants have to be accurate on the "four corners" to be valid, however, the stop was valid and the single ticket contained a moving violation (Stop Sign) which was valid.  You will be able to address each matter separately as far as the insurance and registration.  In many states once you show proof of insurance the Judge may dismiss at their discretion.  I think you have a good case with the exception of the stop sign.  In the whole the worse case scenario for you is that they retire the ticket on the motion of the state and bring it back up amended to be only the stop sign and anything else they find.  If you ran the stop sign, suck it up and take responsibility but don't lie down on the Insurance and registration.  In many states now a "No Insurance" conviction revokes your drivers license.  Also be advised that there are many pitfalls in the law and if you are going to fight this you need someone in your corner.  In most states now the law specifically says you must have proof on your person of insurance compliance.  If you decide to fight, be prepared to be outmatched and outgunned.  If you lose you may be required to pay a fine/cost.  Just pay it if you do.  Failure to satisfy some moving violations can also result in a suspension of your license under the interstate compact agreement between states.

  4. You need to look at your tickets.

    If they say "failure to show", "failure to produce",  "failure to display", or something similar, you could have a problem. Just having insurance and current tags is not enough, you need to display them. If you didn't have the insurance with you, or if your tag was not on your license plate, you can still be charged.

    However, the judge does have a lot of discretion. If you have proof the car was insured and the plates were valid prior to the stop, I would go to your court date. There is a good chance he will dismiss one, or both.

  5. Only that part.

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