Search found 5 matches

by gigag04
Fri Oct 01, 2010 5:07 am
Forum: LEO Contacts & Bloopers
Topic: pulled over, temporarily disarmed, was told I was lucky
Replies: 42
Views: 6346

Re: pulled over, temporarily disarmed, was told I was lucky

Please allow me to speak a couple of these points:
bdickens wrote:Even if that was true, traffic violations are only class C misdemeanors.
Texas Transportation Code:
Sec. 521.457. DRIVING WHILE LICENSE INVALID.
(f) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person:
(1) has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003; or
(2) at the time of the offense, was operating the motor vehicle in violation of Section 601.191.
(f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.
(f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person.


Sec. 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER
(a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.
(b)............
(c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury.

There are numerous others.

drjoker wrote:No, you only have to be 18 to be police officer.
This is actually technically true, but it is REALLY hard. I haven't seen or heard of it in Texas
T

exas Adminstrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 7 TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
CHAPTER 217 LICENSING REQUIREMENTS
RULE §217.1
(a)(2) for peace officers and public security officers, is 21 years of age, or 18 years of age if the applicant has received an associate's degree or 60 semester hours of credit from an accredited college or university or has received an honorable discharge from the armed forces of the United States after at least two years of active service; for jailers is 18 years of age;


Some on this board are quick to judge LEOs for not knowing the laws....

I think it is like all things, that a few cases are being used to make huge stereotypes of the many.
by gigag04
Sun Sep 19, 2010 1:34 am
Forum: LEO Contacts & Bloopers
Topic: pulled over, temporarily disarmed, was told I was lucky
Replies: 42
Views: 6346

Re: pulled over, temporarily disarmed, was told I was lucky

Valhalla1 wrote:thanks for the information, I supposed it'd be up to a court to interpret those laws but it seems the police over here have decided how they feel it reads and tailored their policies accordingly
I hate when cops interpret the law...

I would say it's up to courts to determine if they agree with the officer's interpretation of how the act committed by the violator met the elements of a penal code offense. If you had a CHL, I think you'd be in an ok place.

However...if you followed the laws, including traffic laws, the situation could've been avoided. I don't see how that's a "holier than thou" attitude - it's just a fact of life.

srothstein wrote:The law (Penal Code 42.07) on harassment specifies that other than one minor exception GigAg04 forgot, it must be electronic communication. The one exception is falsely telling a person someone is dead or seriously injured. That can be done in person.
Good catch. I was in a marriage conference in Houston for the weekend, so I was posting from my iPhone. Copying and pasting the harassment statute would've been a pain, so I'm glad you were able to elaborate on it. As far as a civil law and the torts, I will for sure defer to you here. I have some knowledge, but only to know which lawyer to go to for more info.

I too have mistakenly knocked down a car before. The stupid inspection stickers have colors that range all over the place and 8s look like 3s, 7s look like 1s, etc. These can't be run in my car so I don't know I missed it until I make my approach and see the windshield. It happens. I'm definitely not rude about it to the person.
by gigag04
Sat Sep 18, 2010 3:06 pm
Forum: LEO Contacts & Bloopers
Topic: pulled over, temporarily disarmed, was told I was lucky
Replies: 42
Views: 6346

Re: pulled over, temporarily disarmed, was told I was lucky

Beiruty wrote:Say your neighbor knocks on your door each morning and softly tells you he is calling the police cause you have and do carry guns. He does that each morning. Harrassment?
No. I have clearly stated harassment, per Texas penal code, is by phone, text, or email.
by gigag04
Sat Sep 18, 2010 6:59 am
Forum: LEO Contacts & Bloopers
Topic: pulled over, temporarily disarmed, was told I was lucky
Replies: 42
Views: 6346

Re: pulled over, temporarily disarmed, was told I was lucky

Beiruty wrote:I am not a lawyer but I call the threat of UWC charge an intimidation and harassment.
Harassment is only possible by phone, text, or e-mail.

I thought you, as a CHL holder, knew the Texas laws :)
Beiruty wrote: If he was a smart LEO he would not mess with CHLer since CHLer would most likely be more knowledgable about TX law and TX firearms
:roll:

As far as the OP, I'll have to see video or hear audio to comment.

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