Texas Transportation Code - Section 284.0702. Prima Facie Evidence; Defense
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Texas Lawyer > Transportation Code > Texas Transportation Code - Section 284.0702. Prima Facie Evidence; Defense
§ 284.0702. PRIMA FACIE EVIDENCE; DEFENSE. (a) In the
prosecution of an offense under Section 284.070 or 284.0701, proof
that the vehicle was driven or towed through the toll collection
facility without payment of the proper toll may be shown by a video
recording, photograph, electronic recording, or other appropriate
evidence, including evidence obtained by automated enforcement
technology.
(b) In the prosecution of an offense under Section
284.0701(c), (d), or (e), a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
284.070 occurred.
(c) It is a defense to prosecution under Section
284.0701(c), (d), or (e) that the vehicle in question was stolen
before the failure to pay the proper toll occurred and had not been
recovered before the failure to pay occurred, but only if the theft
was reported to the appropriate law enforcement authority before
the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
Added by Acts 2003, 78th Leg., ch. 372, § 1, eff. Sept. 1, 2003.
Section: 284.066 284.0665 284.067 284.068 284.069 284.070 284.0701 284.0702 284.071 284.072 284.073 284.074 284.201 284.202 284.203
Last modified: August 10, 2007
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