Ticket for Allowing Unlicensed driver to operate vehicle

[jellis1_2000]

What is the name of your state (only U.S. law)? TX

I got a ticket for allowing a guy I was dating to operate my vehicle when I did not know that his license was suspended (due to non payment of speeding tickets). However, I am guilty in that I never asked to see his license. I went off assumption because when he would buy alchol when we went out he always pulled out what I thought was a license (turned out to be just a state ID card). I know I can not claim innocence since I should have asked, but is there a way I can get the fine amount reduced/dismissed or even just kept off my record? Does it incur any points on my driving record? I only ask this last question because the vehicle is actually under my moms name and she did not know I was letting him drive my vehicle. It is a new car (doesn't even have plates yet) and I'm insured as an added driver on her auto insurance although I will be the one to make the vehicle payments (including insurance).

[Antigone*]

What is the name of your state (only U.S. law)? TX

I got a ticket for allowing a guy I was dating to operate my vehicle when I did not know that his license was suspended (due to non payment of speeding tickets). However, I am guilty in that I never asked to see his license. I went off assumption because when he would buy alchol when we went out he always pulled out what I thought was a license (turned out to be just a state ID card). I know I can not claim innocence since I should have asked, but is there a way I can get the fine amount reduced/dismissed or even just kept off my record? Does it incur any points on my driving record? I only ask this last question because the vehicle is actually under my moms name and she did not know I was letting him drive my vehicle. It is a new car (doesn't even have plates yet) and I'm insured as an added driver on her auto insurance although I will be the one to make the vehicle payments (including insurance).

Sounds like it is time to tell Mom, because she will find out when her insurance rates go up.

[Zigner]

What is the name of your state (only U.S. law)? TX

I got a ticket for allowing a guy I was dating to operate my vehicle when I did not know that his license was suspended (due to non payment of speeding tickets). However, I am guilty in that I never asked to see his license. I went off assumption because when he would buy alchol when we went out he always pulled out what I thought was a license (turned out to be just a state ID card). I know I can not claim innocence since I should have asked, but is there a way I can get the fine amount reduced/dismissed or even just kept off my record? Does it incur any points on my driving record? I only ask this last question because the vehicle is actually under my moms name and she did not know I was letting him drive my vehicle. It is a new car (doesn't even have plates yet) and I'm insured as an added driver on her auto insurance although I will be the one to make the vehicle payments (including insurance).

Exactly what code section were you charged with violating?

[jellis1_2000]

Not sure what code I was violating, ticket just says "allowing unlicensed driver to operate vehicle". But I really want to know is there a way I can get the fine amount reduced/dismissed or even just kept off my record?

[Zigner]

The only thing I found (even after a little more than 7 seconds) is the following:

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 705. ALLOWING DANGEROUS DRIVER TO BORROW MOTOR VEHICLE

Sec. 705.001. ALLOWING DANGEROUS DRIVER TO BORROW MOTOR VEHICLE; OFFENSE. (a) A person commits an offense if the person:

(1) knowingly permits another to operate a motor vehicle owned by the person; and

(2) knows that at the time permission is given the other person's license has been suspended as a result of a:

(A) conviction of an offense under:

(i) Section 49.04, Penal Code;

(ii) Section 49.07, Penal Code, if the offense involved operation of a motor vehicle; or

(iii) Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994; or

(B) failure to give a specimen under:

(i) Chapter 724; or

(ii) Chapter 434, Acts of the 61st Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), as that law existed before September 1, 1995.

(b) An offense under this section is a Class C misdemeanor.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

If you really aren't the OWNER of the vehicle, you might be able to avoid this completely.

[jellis1_2000]

Would that require bringing my mother to court with me? As of right now she still does not know about it but I do plan on telling her, just not that way. Can I just go in and say "not guilty" and when they ask me to explain say "I'm not the owner of the vehicle he was driving?" But then wouldn't they just turn around and try to ticket my mother even though she is clearly innocent? After all I'm not really trying to get out of the ticket, I just want it kept off my driving record and I'm not sure if this can be cleared up by taking defensive driving as I'm not knowledgeable of any other way you can get it cleared from your driving record?

[Zigner]

Would that require bringing my mother to court with me? As of right now she still does not know about it but I do plan on telling her, just not that way. Can I just go in and say "not guilty" and when they ask me to explain say "I'm not the owner of the vehicle he was driving?" But then wouldn't they just turn around and try to ticket my mother even though she is clearly innocent?

First off, I don't know for sure if that's even what you were cited for. It sounds similar is all.

Second, did your mom allow this driver to drive the vehicle? Did your mom have any knowledge of it at all?

[jellis1_2000]

Can I find the code on the ticket that was issued to me? I've also researched it to come up as "wrongful entrustment"? There was no way for my mom to know that I let him drive my car, it was just being in the wrong place at the wrong time when I let him test drive it for the first time. The cop tried to say he pulled him over for "going a little too fast" when in actuality he wasn't speeding, the cop didn't use radar and yet when he handed him his ticket for driving without a license he also gave him a ticket for going 60 in a 45 when I know there is no way he picked up speed that fast especially when he was not flooring the gas or attempting to test the vehicles power.

[xylene]

Stop defending your boyfriends speeding ticket.

IT IS IRRELEVANT.

This violation is going to be fightable.

Did you admit you knew he was unlicensed because of a crime?

[jellis1_2000]

I didn't admit to anything because I was not questioned by the cop it's like he assumed I knew. Right when we got pulled over and the cop asked for his license, he told him "i'm not going to lie to you - I don't have a license". I was stunned but did not say anything. I didn't even know I could get a ticket for this. I know not to argue with a cop who is giving you a ticket so I just signed for it and took it. It was only after we drove away that he told me that his license had been suspended due to not paying speeding tickets and even that he had a warrant out for them although the cop didn't mention any warrant?

[patstew]

Right when we got pulled over and the cop asked for his license, he told him "i'm not going to lie to you - I don't have a license". I was stunned but did not say anything...It was only after we drove away that he told me that his license had been suspended due to not paying speeding tickets and even that he had a warrant out for them although the cop didn't mention any warrant?

So he knew his license was suspended but he wanted to drive your mom's car anyway -- AND he didn't tell you about it. Plus he has a warrant. I'm sorry, this just sounds like an accident looking for a place to happen, and it doesn't bode well for future relationships.

I'm just saying.

[Maestro64]

The best thing to do is get a lawyer, for both of you. If what you claim is true the officer did not use radar or some other acceptable method of obtaining the speed, a good lawyer will get that ticket tossed, once that ticket is toss so will the driving without a license, and then the ticket which was issue to you will get toss. Personally reading the Statue that Zigner dug up it sound like only the owner of the car could have been issued that ticket, and since you are not the owner then it not valid.

Also, on the speeding ticket it should have listed the method use to obtain the speed, see what it says.

Anyway get a lawyer this situation is too complicated to try and do it yourself.

[jellis1_2000]

Thank you all for your assistance and advice in my situation. It looks like my best bet would be to get a lawyer in this case. So my next task now that I know it's fightable will be to find a good attorney.