TexasCHLforum.com

JALLEN wrote:Generally, police cannot arrest, or cite, without a warrant, for a misdemeanor not committed in their presence. An officer can arrest without a warrant if he believes a felony has been committed and the person he arrests committed it, certainly a felony committed in his presence. I don't know the specific Texas law but I bet there is a code section that spells it out in detail.

I don't know Texas law on it either, but I know in other states there are some misdemeanor exceptions carved out.

Some states allow the officer to arrest without witnessing crimes like criminal child enticement, public indecency, domestic violence, violating a protection order, menacing by stalking, aggravated trespass, or a theft offense. Traffic tickets? I agree with you that they generally need to witness it or have pretty indisputable evidence (like video for example).

Heartland Patriot wrote:I thought that if law enforcement issues a ticket, then it helps prove fault. Has that NEVER been true, or did the law change, or what? I'm curious.

If fault is ambiguous, then a ticket for a traffic infraction, like running a stop sign or a red light, could help establish fault, but it still needs to be supported by evidence. In most accidents, comparative fault is negotiated between the insurance companies, not established at trial anyway.

But getting rear-ended is so crystal clear, I wouldn't worry about it.

A read ender has to be a really obscure circumstance with compelling evidence for the one case in a thousand that may have doubt. The other 999 times, the person with the damage on the front bumper is the one at fault.

Whether that driver was ticketed or not will not change your insurance situation. A rear-ender like that is obviously the other vehicle's fault.

I hope your wife will be OK. I've said a prayer for her speedy healing to full recovery.