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txinvestigator wrote:I fail to see your point. Are we agreeing?

We're not disagreeing. I was just pointing out that you can spend time in jail for a Class C traffic misdemeanor, even though the penalty doesn't carry jail time.

Kevin

txinvestigator wrote:

KBCraig wrote:Most people find it hard to believe that traffic offenses in Texas aren't "infractions" or "violations", but crimes (starting at Class C Misdemeanor and going up) for which you can be arrested.

Being arrested and being sentenced are two different things.

Of course. I wasn't arguing comparative punishments, only pointing out that many people are surprised that Texas traffic laws are misdemeanor (and up) crimes, not merely administrative offenses like in many states.

You CAN be arrested for ALL traffic offenses, but those that are a class C can only be punished by a fine.

You also CAN be arrested and spend a weekend in jail for a traffic code "crime" which carries no possibility of jail. Don't expect a magistrate or JP to be on call over a long holiday weekend in Bugtussle.

Treating non-TX misdemeanors as TX felonies could open all sorts of cans of worms. Suppose someone was convicted of a Class-C equivalent misdemeanor account of peddling "obscene devices" in another state: in Texas, possession of six or more "obscene devices" (i.e., lifelike "marital aids") is de facto "distribution of obscene devices", which is a felony.

You mentioned making a mistake about equating Texas law to other states; I must have missed that clarification. Can you make a specific post about that?

Kevin

txinvestigator wrote:I find it hard to believe that you could be sentenced to 15 days in jail for simply speeding in NY.

Most people find it hard to believe that traffic offenses in Texas aren't "infractions" or "violations", but crimes (starting at Class C Misdemeanor and going up) for which you can be arrested.

For all but two, that is.

Kevin