Honorable.EW LI’.liamllton Opinion No. C-257
County Attorney
Terry
- County Rer ~~nstructlonOS Article
BroviWleld, Tems U02e, V.P.C., concerning
.convictlonof minors.
Dear NP. Hamilton:
You recently requested an opinion of this office on the
following questions:
1. UPon a final convictionof a minor
defendant of an offense as provided In ArWcle
802e, Vernonas Penal Code, after which contic-,
tion said defendant refuses to pay the Sine
assessed, and in addition refuses to surrender
his driver’s license after being ordered to do
so by the,court, what means may be used to
compel said defendant to surrender hls drlverls
license until such Sine has been paid?
2. HOW can Article 8026, Vernon’s Penal
Code, be enforced if the Juvenile CouFts are
deprived of jurisdictfon?
In the event a minor after having
his kensa suspended in a&co&ance tith Arti-
cle 80?e, Vernon’s Penal Code, drives an auto-
mobile during such suspension,how may a
convictionfor such violation be enforced?
Sfnce all three questions presented concern enfokement OS
Article 802e, they.shall be discussed together.
Article 802e, Section 1, Vermon’s Penal Code/provides for
penaltles SOP certain enumerated offetisesto be applied to minors
within specified age g~otaps. Sections 2 and 3 of said Article
further provide as Sollows~
“Sec. 2;’ No such m%norp after convlctibn
or plea of guilty and ImposZtionof ,flne,shall
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Honorable E, L. Hamilton, Page 2 (C-257 )
be committed to,any jail in default of payment
of the Sine imposed, but the court imposing
.suchSine shall have power to suspend and take
possession of ‘suchminor’s driving license,and
retain the same until such ffne has been paid.
“Sec. 3. If any such minor shall drive
any motor vehicle upon any public road or hlgh-
way in this state'or upon any street or alley
within the limits of any corporate city0 town
or villa e, or upon any beach as defined in
Chapter &30, Acts of the 51st Legislature,1949,
without having a valid driver18 license author-
izing such driving, such minor shal3 be guilty
of a misdemeanor and shall be fined as set out
in Section 1 hereof."
Section 4 of Article 802e provides that the,JuvenlleCourts
shall not have jurisdictionof the offenses set out In that Artl-
cle.
As stated above, Section 2 of the Article specifically
empowers that court imposing a Sine for a violation of Section 1
to ,suspendand take possession of the minor’s dziver’s license
and retafn same until such fine has been paid. Article 2386,
VernonQs Civil,Statutes, prov%desp anlamgother thwgs, as follows:
"w'Ustices
of the Peace s&ll also have
power"
"1. To punish any party guilty OS ~8
contempt of court by fine not to exceed 25
and by Imprisonmentnot exceeding one (1!
daya”
If the minor refuses to pay the fine assessed after a con-
viction under Article 802e, Sec. 1, Vernonfs Civil Statutes, and,
in additfon, refuses to surrender MS license as ordered by the
court until the fine Is paid, by authority of Article 2386, the
court may order the minor to appear and show cause why he should
not be held in contempt of court far failure to'surrenderhis
license as ordered. 1~ this manner, an order of suspensionunder
Article 802e may be enf’oreed.
If, after his license has been suspended In accordance with
Honorable E. L. Hamilton, Page 3 (C-257 )
_ 802e,
Article . .a minor
___ operates , a_ motor vehicle during such sus-
enslon, he should be prosecuted not under Sec. 1 OS Article
802e but rather under Sec. 3 of that Article. Sec. 3, as has
already been pointed out, creates the offense of drlvlng with-
out having a valid driver's license, It should be noted that
the provision prohibiting the jailing of a minor for default of
a fine Imposed applies only to a Sine assessed after a convlc-
tlon for a violation of an offense created by Sec. 1, Article
802e o There is no such prohlbltionapplying to a fine assessed
after a convictionfor a violation of Sec. 3, Article 802e. A
minor convicted of a Violationof Sec. 3 may be remanded to jail
if the fine Is not paid. Attorney General's Opinion WW-1220, a
copy of which is attached.
SUMMARY
A minor convicted of a violation of Article
802e, Sec. 1, V.P.C., who refuses to pay the fine
assessed and refuses to surrenderhis driver's
license until the Sine Is paid may be held In con-
tempt of court. A minor who, after having his
license suspended,drives a vehicle during such
suspension,should be prosecuted under Article
802e, Sec. 3, V.P.C., and may be remanded to jail
if he defaults in the payment of the fine assessed.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
SK:cjp:aj
APPROVED:
OPINION COMMITTEZ:
W. V, Geppert, Chairman
Norman Suarez
Cecil Rotsch
Robert Smith
..'
i%%iii%R THE ATTORNEY GNNERAL
By: Stanton Stone
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