Had my first encounter with LEO

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RHZig
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Joined: Fri Jun 22, 2007 10:09 pm
Location: Galveston County

Re: Had my first encounter with LEO

#46

Post by RHZig »

SD4 wrote:True enough. If law enforcement want to pull you over, they will find an infraction. Same thing with searches.
Very true.

We call them pre-text stops most of the time.

When a car leaves a crack house we dig deep into section 545 of the Transportation code. :drool:
"The beauty of the second amendment is that it will not be needed until they try to take it."

RHZig
Member
Posts in topic: 2
Posts: 90
Joined: Fri Jun 22, 2007 10:09 pm
Location: Galveston County

Re: Had my first encounter with LEO

#47

Post by RHZig »

Humanphibian wrote:if you have a Texas Drivers License, or Texas Vehicle Registration, you have for all intent and purpose given Texas DPS probable cause to pull you over at any time.
As a sworn peace officer of the state of Texas I am going to have to disagree. :tiphat:



But, lets look at TRC 521, section B preferrably:

§ 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON
DEMAND; CRIMINAL PENALTY.
(a) A person required to hold a
license under Section 521.021 shall:
(1) have in the person's possession while operating a
motor vehicle the class of driver's license appropriate for the
type of vehicle operated; and
(2) display the license on the demand of a magistrate,
court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a
motor vehicle to determine if the person has a driver's license as
required by this section.

(c) A person who violates this section commits an offense.
An offense under this subsection is a misdemeanor punishable by a
fine not to exceed $200, except that:
(1) for a second conviction within one year after the
date of the first conviction, the offense is a misdemeanor
punishable by a fine of not less than $25 or more than $200; and
(2) for a third or subsequent conviction within one
year after the date of the second conviction the offense is a
misdemeanor punishable by:
(A) a fine of not less than $25 or more than $500;
(B) confinement in the county jail for not less
than 72 hours or more than six months; or
(C) both the fine and confinement.
(d) It is a defense to prosecution under this section if the
person charged produces in court a driver's license:
(1) issued to that person;
(2) appropriate for the type of vehicle operated; and
(3) valid at the time of the arrest for the offense.
(e) The judge of each court shall report promptly to the
department each conviction obtained in the court under this
section.
(f) The court may assess a defendant an administrative fee
not to exceed $10 if a charge under this section is dismissed
because of the defense listed under Subsection (d).








I have nearly gotten into an argument with this with my Sgt.

That is in there for purposes of setting up a check point at beach parties, i.e. Crystal Beach, Galveston Co.

You get an arrest off of that and a judge sees that was your PC when reading over your affidavit he is going to laugh at you.
"The beauty of the second amendment is that it will not be needed until they try to take it."

TxDrifter
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Re: Had my first encounter with LEO

#48

Post by TxDrifter »

I have to disagree about the four wheelers requiring any implements. My brother and his father-in-law both have four wheelers for ranch operations. They use tractors for implements, which is the proper tool for the job. Rather than horses, they use the four wheelers to round up cattle, transport feed and supplies between their different pieces of land as well as toting tools while fencing and such. It is a flaky reason to write the ticket and you should be able to get it thrown out.

I have a flat bed registered with farm tags and I use it primarily to haul hay and materials to work the property. During the hurricane I used it to load fuel tanks and such. It is good to know the officer and you were both courteous to each other and had not problems though. I'm still waiting on my license... We need a smiley impatiently twiddling his thumbs.
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