TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-03-00368-CR
The State of Texas, Appellant
v.
Brian David Losoya, Appellee
...
Losoya refers us to the statutory
predecessor of section 502.404(a),
which provided that it was an offense to operate a motor vehicle
"without having displayed thereon,
and attached thereto, two (2)
license number plates, one (1) at the front and one (1) at the rear."
Act of May 23, 1975, 64th Leg., R.S., ch. 621, § 3, 1975 Tex. Gen. Laws
1919, 1920 (Tex. Rev. Civ. Stat. Ann. art. 6675a-3e, § 5, since
repealed) (emphasis added). The omission of the emphasized phrase from
section 502.404(a) supports Losoya's argument that the
present statute
does not require the license plate to be physically attached to the
vehicle. This, in turn, is some evidence that the license plate need
not be
attached to the front bumper of the vehicle as the State
contends.
....
There is no evidence that the letters and numbers on Losoya's front
license plate were blurred, obscured, or otherwise unreadable because
any material on either the plate or the
windshield. We do not believe
that sunlight can reasonably be considered to be "blurring matter."
There is also no evidence that the windshield distorted angular
visibility or detectability. We find no basis in this record for
reasonably suspecting a violation of section 502.409(5) or (7). We
overrule the State's first issue or point of error.
The order granting the motion to suppress is affirmed.
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