The Honorable Ronald L. Wilson Opinion No. R-765
Criminal District Attorney
Galveston County Re: Whether presenta-
405 County Courthouse tion of a valid driver's
Galveston, Texas 77550 license in court is an
absolute defense to a
charge of operating a
motor vehicle without
having a driver's license
in immediate possession.
Dear Mr. Wilson:
you have requested our opinion regarding whether presen-
tation of a valid driver's license in court is an absolute
defense to a charge of operating a motor vehicle without
having a driver's license in one's immediate possession.
Section 13 of article 6687b, V.T.C.S., provides, in
pertinent part:
Every person shall have an operator's,
commercial operator's, or chauffeur's
license in his immediate possession at
all times when operating a motor vehicle
and shall display the same upon demand
of a magistrate or any officer of a
court of competent jurisdiction or any
peace officer. Any person who violates
this Section shall be guilty of a mis-
demeanor " . . . It shall be a defense
to any charge under this Section that
the person so charged produce in court
an operator's, commercial operator's, or
chauffeur's license theretofore issued
to such person and valid at the time of
his arrest. . . . (Emphasis added).
I .
5-e I!anorableKonald L. Wilson - page i (H-765)
Section 13 makes clear that, whichever of its terms a
person might be charged with vrolating, he may establish a
defense to that charge by producing a valid driver's license
in court. The effect of such a defense is set forth in
section 2.03(e) of the Texas Penal Code:
A ground of defense in a penal law that
is not plainly labeled in accordance
with this chapter has the procedural and
evidentiary consequences of a defense.
Thus, it is our opinion that the presentation of a valid
driver's license in court is an absolute defense to a charge
of operating a motor vehicle without having a driver's
license in one's immediate possession. -Cf. Attorney General
Opinion O-3907 (1941).
SUMMARY
It is our opinion that the presentation
of a valid driver's license in court is
an absolute defense to a charge of
operating a motor vehicle without
.a&&?J&
having a driver's license in one's
immediate possession.
Very truly yours,
OHN L. HILL
Attorney General of Texas
Opinion Committee
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