Page 1 of 2
DPS stop while not in car
Posted: Fri Nov 08, 2013 1:25 pm
by VMI77
Got out of my car at a convenience store and hearing someone call out turned to find a DPS officer out of his vehicle calling me over. We approached each other and he told me he stopped me because my inspection sticker is expired. He asked for my DL and because I was not in a vehicle I only handed him my DL. Then he asked for my insurance which meant I had to bet back into the car. At this point I said, before I do, you might want to look at this, and handed him my CHL. He asked me where my gun was and I told him on my right hip. He told me he appreciated letting him know I was armed. I got the insurance from the car and he checked it, then went to write out a ticket. I waited outside my vehicle. He thanked me two more times for letting him know I was armed. He was very professional and courteous throughout.
In retrospect I'm thinking that I should have just handed him both DL and CHL even though I wasn't in a vehicle. Although it didn't lead to any problems in this case I can see where with a less understanding officer, it might have.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 1:33 pm
by RKirkwood
I thought we had to hand him our CHL with the ID regardless of being in the car or not.
I think you did well letting him know.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 1:35 pm
by Dirthawking
You do. Car or not.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 1:36 pm
by VMI77
RKirkwood wrote:I thought we had to hand him our CHL with the ID regardless of being in the car or not.
That's what I was thinking afterwards. Fortunately, the delay apparently didn't bother him.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 2:04 pm
by Teamless
and luckily there is no more penalty for not showing the ID
but yes, when you are asked for ID, when carrying, you need to give both.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 3:35 pm
by gigag04
Bet if you get it fixed the ticket gets dropped.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 5:07 pm
by VMI77
gigag04 wrote:Bet if you get it fixed the ticket gets dropped.
That's what he indicated. It expired in August and I tend not to notice things like that so I didn't realize it had expired. I got the sense that if it had expired in say, October, he wouldn't have given me a ticket. I'm not complaining about the ticket btw, I had it coming. He was very professional and polite --struck me as a fine officer.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 5:46 pm
by The Annoyed Man
VMI77 wrote:gigag04 wrote:Bet if you get it fixed the ticket gets dropped.
That's what he indicated. It expired in August and I tend not to notice things like that so I didn't realize it had expired. I got the sense that if it had expired in say, October, he wouldn't have given me a ticket. I'm not complaining about the ticket btw, I had it coming. He was very professional and polite --struck me as a fine officer.
When I got ticketed a few years ago by Southlake PD for the same infraction, it turned out that it was a matter of elapsed time. If I had gotten the inspection within 60 days after expiration, there would have been no fine. But in my case, I simply had forgotten the whole thing and I was nearly 90 days overdue.
It was just from years of California habits. In CA, you get a registration renewal "invoice" from the DMV to pay your annual vehicle registration fee. If you car is due for an inspection (they are not required annually), then it says so on the invoice. So you know to go get your car inspected, and the inspector submits the inspection results electronically, and then you send in your payment. So I had years and years of doing things that way, and I never saw an inspection reminder on my registration renewal, and I just didn't think to do it. I know better now 'cause it put a $60 dent in my wallet.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 5:53 pm
by texanjoker
Teamless wrote:and luckily there is no more penalty for not showing the ID
but yes, when you are asked for ID, when carrying, you need to give both.
No penalty for that violation, but it could make the difference between receiving a warning or citation for the original stop.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 8:02 pm
by C-dub
I'm still curious why you thought being in or out of a vehicle made a difference on the requirement to notify since you were actually carrying. I thought you were going to say that you didn't notify because the gun was in the car and upon entering to retrieve your insurance you would then be within reach of your gun.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 8:08 pm
by gigag04
By law within 60 days they have to drop it.
Most decent judges and JPs dismiss it if you remedied the issue.
YMMV.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 10:42 pm
by srothstein
VMI77 wrote:It expired in August and I tend not to notice things like that so I didn't realize it had expired.
Be prepared for this to get even worse. DPS has announced that they will do away with inspection stickers in 2015. After that, you need to get your car inspected still, but the inspection will be logged into a computer and the computer will tell police if you are up to date or not.
I predict a lot more people with expired inspections, and a lot fewer traffic stops since officers will not know until they run the plate.
Re: DPS stop while not in car
Posted: Fri Nov 08, 2013 10:42 pm
by Jumping Frog
VMI77 wrote:...It expired in August and I tend not to notice things like that so I didn't realize ...
After my wife drove for 2 months on an expired inspection before I noticed, I made a point of adding a reminder on my phone's calendar for the last week of the expiration month next year. Now it will just pop up and remind me before it expires.
Re: DPS stop while not in car
Posted: Sat Nov 09, 2013 9:19 am
by Commander Cody
My son received a citation for the same offence. While he did not have to pay the fine he did have to pay court cost, which was not cheap.
Re: DPS stop while not in car
Posted: Sat Nov 09, 2013 12:40 pm
by Fangs
I had the same ticket a couple years ago. Court cost was $10 for me.