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by dlh
Sun Nov 22, 2015 9:17 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Recent encounter with LEO
Replies: 23
Views: 5220

Re: Recent encounter with LEO

EEllis wrote:Montes v.State, No. 08-13-00060-CR (Tex.App.-El Paso 2015)

The issue was whether the Statute that speaks to working tail lights was satisfied if the mandatory two were working or if it covered the additional lights that were present in this case. The Defendant’s vehicle had four tail lights, two more than are required, and one of them was out. Court held that the transportation code section applies to “all” light on vehicle and therefore the single light not working did constitute a traffic violation.


and more specificly

Starrin v. State, 2005 WL 3343875 (Tex.App.—Fort Worth 2005, no pet.).

Stop was based on observation that one of the three brake lights on the defendant's vehicle was out. Defendant argued on appeal that Texas law requires only two functioning brake lights. The Court finds that federal standard requires three brake lights for cars of a certain width and takes judicial notice of the fact that the car in question fits those dimensions and holds the stop was lawful.
The two cases you cite are unpublished opinions and have no precedential value. See T.R.A.P. 47.7

dlh
by dlh
Sat Nov 21, 2015 2:47 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Recent encounter with LEO
Replies: 23
Views: 5220

Re: Recent encounter with LEO

Glad it went smoothly for you!

However, if I am stopped I will simply hand the officer my driver's license and conceal carry license with no comment. If the officer asks about the firearm then we can take it from there.

I have talked to fellow conceal-carry folks who told me they were stopped by the police and followed the procedure I just set out. The police did not even ask about their firearms.

Each LEO and each "suspect" are different of course. But I think "the better course" is not to verbally inform the officer of your handgun---that is what the conceal carry license does when you hand it to him or her.

dlh

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