probable cause to pull me over......

[mrvmax]

I was traveling from Corpus Christi to Refugio last weekend. The DPS and other LE's were all over, I have never seen so many on one stretch of highway before. Anyway, I was keeping it steady on 70 when DPS pulls from the median and next to me and another car in front of me (we were both in the right lane and he was in the left). He was going to pass us but when the car in front of me saw him come along side of us he slowed down quickly even though he wasn't speeding. With the trooper next to me all I could do was slow down. The next thing I know the trooper pulls behind me and pulls me over.
I did all the normal stuff, turned vehicle off, keys on dash, window down, license and CHL out. He tells me to step out of the vehicle and behind my truck. I got out and walked back to him and handed him my chl and license and told him I was carrying. He asked what I had on me and I said a pistol. He asked where and I said my front right pocket. He looked down and obviously could not tell I was carrying my Kahr Mk40. He asked where Friendswood was and where I was going. After explaining myself he then said he was giving me a warning for following too close. Of course, the only reason I was too close is due to the idiot in front of me that slowed down from 70-60 when he saw this guy passing us. Anyway, I guess that was probable cause to pull me over - my windows are tinted dark and I guess he wanted to check if I was doing something illegal. So far every time I have been pulled over while carrying, it has always gone well.

[puma guy]

Anyway, I guess that was probable cause to pull me over - my windows are tinted dark and I guess he wanted to check if I was doing something illegal. So far every time I have been pulled over while carrying, it has always gone well.

Were your windows legal?

[joe817]

Anyway, I guess that was probable cause to pull me over - my windows are tinted dark and I guess he wanted to check if I was doing something illegal. So far every time I have been pulled over while carrying, it has always gone well.

Were your windows legal?

My initial thought as well. My other thought was what I do. If the driver in front of me slows down, so to I no matter what speed I'm going. Alway 1 car length per every 10mph. (that was taught to us in drivers ed when I took the course in 1961). That's on a sunny day & dry pavement. Triple that on wet roads.

[puma guy]

Anyway, I guess that was probable cause to pull me over - my windows are tinted dark and I guess he wanted to check if I was doing something illegal. So far every time I have been pulled over while carrying, it has always gone well.

Were your windows legal?

My initial thought as well. My other thought was what I do. If the driver in front of me slows down, so to I no matter what speed I'm going. Alway 1 car length per every 10mph. (that was taught to us in drivers ed when I took the course in 1961). That's on a sunny day & dry pavement. Triple that on wet roads.

I was a year behind you, 1962, learned the 1 car length per 10 as well but the last time I did Defensive Driving they recommended the 2 second rule for dry conditions. It's hard to believe you could get a Tx DL at age 14. But then my mother only had to send in a quarter to get hers.

[joe817]

I was a year behind you, 1962, learned the 1 car length per 10 as well but the last time I did Defensive Driving they recommended the 2 second rule for dry conditions. It's hard to believe you could get a Tx DL at age 14. But then my mother only had to send in a quarter to get hers.

Yeah, that was when a coke was 5 cents, and a 3 pak of Chum Gum was a penny!

[JNMAR]

I was a year behind you, 1962, learned the 1 car length per 10 as well but the last time I did Defensive Driving they recommended the 2 second rule for dry conditions. It's hard to believe you could get a Tx DL at age 14. But then my mother only had to send in a quarter to get hers.

Yeah, that was when a coke was 5 cents, and a 3 pak of Chum Gum was a penny!

and gasoline cost about .22/gal...unless there was a gas war going on.


And to keep my post on topic, I should say that any contact I've had with the Texas DPS in the last 30+ years has been nothing less than courteous and professional. I wish you could expect that to be the case at the city and county level as well.

[t_kopecky]

Take a close look at the law for "Following Too Closely" in Texas. It states that you must be able to stop without hitting the car in front of you or departing from your lane. Technically, if you are not part of a convoy, you cannot be cited for this unless you actually hit the vehicle in front of you.

I had the same situation happen to me in Montgomery County. Pulled over for 'following too close' after someone cut in front of me on Hwy 59 right in front of a Constable. I went to court, demanded trial by jury, had the wording of the law read aloud, and went home not guilty.

Either change the law to specify a prescribed following distance, or have LEO read & understand the laws.

[Oldgringo]

If I was a LEO, darkly tinted windows would not only give me cause, they would give me pause.

[mnr497]

Take a close look at the law for "Following Too Closely" in Texas. It states that you must be able to stop without hitting the car in front of you or departing from your lane. Technically, if you are not part of a convoy, you cannot be cited for this unless you actually hit the vehicle in front of you.

I had the same situation happen to me in Montgomery County. Pulled over for 'following too close' after someone cut in front of me on Hwy 59 right in front of a Constable. I went to court, demanded trial by jury, had the wording of the law read aloud, and went home not guilty.

Either change the law to specify a prescribed following distance, or have LEO read & understand the laws.

I'm glad it worked out for you, but it can really depend on the jury. Part of the law says "An operator on a roadway outside a business or residential district driving in a caravan of other vehicles...shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space." If the jury accepts Webster's view that caravan means "a group of vehicles traveling together, as in a file" the State can prevail.

[trdvet]

The Police do not need probable cause to pull people over.

[hheremtp]

The Police do not need probable cause to pull people over.

Really, can you please post the statute that backs this statement up?

[mrvmax]

Anyway, I guess that was probable cause to pull me over - my windows are tinted dark and I guess he wanted to check if I was doing something illegal. So far every time I have been pulled over while carrying, it has always gone well.

Were your windows legal?

My initial thought as well. My other thought was what I do. If the driver in front of me slows down, so to I no matter what speed I'm going. Alway 1 car length per every 10mph. (that was taught to us in drivers ed when I took the course in 1961). That's on a sunny day & dry pavement. Triple that on wet roads.

They were tinted from the factory and they are legal. With my truck being a light color the tint appears real dark. Since I regularly drive in Houston, follwoing too close has a totaly different meaning. I am used to being 2 cars lengths behind others (and closer depending upon traffic). I have been driving 25 years and have never hit anyone so yes I can stop when following that close.

[chartreuse]

I was a year behind you, 1962, learned the 1 car length per 10 as well but the last time I did Defensive Driving they recommended the 2 second rule for dry conditions.

Back in England they used to teach us that it took precisely 2 seconds to recite "Only a fool breaks the two second rule" if speaking normally.

[boomerang]

The Police do not need probable cause to pull people over.

Really, can you please post the statute that backs this statement up?

Search for "reasonable suspicion" in the Transportation Code and the Code of Criminal Procedure.

[Keith B]

The Police do not need probable cause to pull people over.

Really, can you please post the statute that backs this statement up?

Probable cause is needed for arrest. Reasonable suspicion is all that is needed to pull you over.