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by srothstein
Sat Jan 17, 2009 11:08 pm
Forum: LEO Contacts & Bloopers
Topic: excellent stop by Fort Worth PD
Replies: 18
Views: 2892

Re: excellent stop by Fort Worth PD

The real reason an officer pushes his hand down ont he trunk is the old safety tactic of making sure the trunk is actually closed and no one is going to spring out at him after he goes by. Now that most new cars have the mafia trunk release inside, it doesn't make as much of a difference.

And exhibition of speed is now a class B misdemeanor but it only applies if someone is racing, which is why the court dismissed that ticket. Here is the relevant law, as changed in 2003:
Sec. 545.420. RACING ON HIGHWAY.
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a vehicle; or
(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or
to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side at accelerating speeds in a
competitive attempt to outdistance each other; or
(B) one or more vehicles over a common selected course, from the same place
to the same place, for the purpose of comparing the relative speeds or power
of acceleration of the vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an attempt to:
(A) outgain or outdistance another vehicle or prevent another vehicle from passing;
(B) arrive at a given destination ahead of another vehicle or vehicles; or
(C) test the physical stamina or endurance of an operator over a long-distance
driving route.
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a
Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial
of the offense that:
(1) the person has previously been convicted one time of an offense under that
subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated, as defined by Section 49.01,
Penal Code; or
(B) was in possession of an open container, as defined by Section 49.031,
Penal Code.
(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the
offense that the person has previously been convicted two times of an offense
under that subsection.
(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the
trial of the offense that as a result of the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the second degree if it is shown on
the trial of the offense that as a result of the offense, an individual suffered serious
bodily injury or death.
by srothstein
Tue Jan 13, 2009 11:11 pm
Forum: LEO Contacts & Bloopers
Topic: excellent stop by Fort Worth PD
Replies: 18
Views: 2892

Re: excellent stop by Fort Worth PD

NO, exhibition of acceleration is part of the street racing offenses and was made a class B misdemeanor. As one of the unintended consequences of this change, the officer now has to prove that you were actually part of some type of race (even against the clock in just one vehicle counts), so just spinning out is no longer a state offense. Some cities do have ordinances against it though.

And never trust the DPS arrest titles for what is an offense. They use words that are not actually in the law and misuse the wording of the law for a description. The offense referred to is properly titled "Moving a parked vehicle" and is described as "Sec. 545.402. An operator may not begin movement of a stopped, standing, or parked vehicle unless the movement can be made safely." Basically it means you cannot pull out in front of another car and cause an accident.

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