Driver License Check Point

[MBGuy]

In my county they like doing "insurance checkpoints".........outside the bars..........after midnight.........ie, DWI checkpoints. So the reason they can't call them DWI checkpoints is because they're not legal? Are any checkpoints (insurance, driver's license, DWI) legal in Texas?

[Medino]

I have been through a checkpoint in Florida all they did was ask if we had been drinking and asked for a drivers license. They did not ask for any insurance. They were only taking every third car and lucky me i was the third car.

When i first pulled up the guy in the car next to me was trying to hide something in his pants so they made me move my vehicle out of the way quickly. After a short wait an officer came up to my window apologized for making me wait and asked for my license and asked if me or my passenger had been drinking. At the time i was underage and had not been drinking so the officer thanked me and sent me on my way. I don't remember what time it was but is was fairly late at night. The entire stop took maybe 2 min at the most.

[Bart]

Yeah, that doesn't make me feel much better about the issue as a whole. I'm perfectly fine with someone being stopped if they are suspected of committing an infraction - but since when is driving down the street considered probable cause to stop a group of vehicles, and make them "show their papers"?

Asking to see the driving license of someone who is driving is no different than asking to see the hunting license of someone who is hunting.

As long as we can't ask illegal aliens to show ID before they vote the Democrats don't mind.

[KRM45]

Not withstanding any court ruling that srothstein may come up with, this is the section they hang thier hat on for these checkpoints:

Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:

(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and

(2) display the license on the demand of a magistrate, court officer, or peace officer.

(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.
(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:

(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200; and

(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:

(A) a fine of not less than $25 or more than $500;

(B) confinement in the county jail for not less than 72 hours or more than six months; or

(C) both the fine and confinement.

(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:

(1) issued to that person;

(2) appropriate for the type of vehicle operated; and

(3) valid at the time of the arrest for the offense.

(e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section.

(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).



Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 4, eff. September 1, 2007.

It's from the Transportation Code. I have no opinion as to the legality of it with respect to fourth amendment rights.

[ELB]

I am not particularly happy with the power to arbitrarily stop people and ask for their driver's license -- the fact that it may be done as a mass stop -- i.e. stop everyone -- to prove they aren't profiling doesn't make me feel any better.

On the other hand, you already have to drive around with

1. a number identifying your vehicle as yours (i.e. license plate front and back),
2. a window sticker verifying that No. 1 is current,
3. and another window sticker verifying that you have a current inspection.

Granted these are not an individual ID when you are not driving your own car, but still there is precedent for having to run around in public with some kind of ID displayed...