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by WildBill
Thu Oct 11, 2012 9:10 am
Forum: Off-Topic
Topic: Why No Citation - Update Page 2
Replies: 29
Views: 3189

Re: Why No Citation

JALLEN wrote:
WildBill wrote:
gigag04 wrote:
tbrown wrote:Did the police witness the collision?
Curious how this would play in to whether or not the other driver should be cited?
Please correct me if I am wrong, but as far as I know having a car crash [accident] in the U.S.A. is not a crime.

If the LEO didn't see what caused the collision or whether any of the drivers were breaking the law, what would they cite them for? Following too close? Unsafe lane change?
Generally, police cannot arrest, or cite, without a warrant, for a misdemeanor not committed in their presence. An officer can arrest without a warrant if he believes a felony has been committed and the person he arrests committed it, certainly a felony committed in his presence. I don't know the specific Texas law but I bet there is a code section that spells it out in detail.

The officer has to see you run the light, or catch you speeding, typical traffic type misdemeanors/infractions. The citation usually is a promise to appear in court, in lieu of arrest and carting off to jail.
This is what I thought. That is why I didn't understand gigag04's comment.
by WildBill
Wed Oct 10, 2012 5:47 pm
Forum: Off-Topic
Topic: Why No Citation - Update Page 2
Replies: 29
Views: 3189

Re: Why No Citation

gigag04 wrote:
tbrown wrote:Did the police witness the collision?
Curious how this would play in to whether or not the other driver should be cited?
Please correct me if I am wrong, but as far as I know having a car crash [accident] in the U.S.A. is not a crime.

If the LEO didn't see what caused the collision or whether any of the drivers were breaking the law, what would they cite them for? Following too close? Unsafe lane change?

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