DUI checkpoints and providing CHL

[cb1000rider]

I haven't run into a DUI checkpoint in Texas.. Probably because I don't go down town for holidays or weekends.
I watched this video though: " onclick="window.open(this.href);return false;

And wondered if I was that kid, as soon as the LEO asks for the window to go down, do you need to provide that CHL. Technically, he's not asking for ID or detaining you... But at what point is it appropriate. Courts have ruled that you can't wait until asked for ID, at least in other states..

[JP171]

show him your ID and CHL when asked for it, not before, this is Texas not some other state and CHL if your armed, if not then its up to you

[Teamless]

Courts have ruled that you can't wait until asked for ID, at least in other states

In Texas, you are required, when asked for ID, that you present your CHL.

If you have not been asked for an ID, then no need to notify.

In Texas, also, the penalty for not-showing, has been removed, so other than possibly upsetting the officer, there is no punishment, In Texas, for it.

[nightmare69]

Only if you are armed are you required by law to present you CHL.

[JP171]

Courts have ruled that you can't wait until asked for ID, at least in other states

In Texas, you are required, when asked for ID, that you present your CHL.

If you have not been asked for an ID, then no need to notify.

In Texas, also, the penalty for not-showing, has been removed, so other than possibly upsetting the officer, there is no punishment, In Texas, for it.

Team, not too sure if there is no punishment that can be handed down by a judge, but you are correct in that there is no longer a specified punishment

[EEllis]

I would have my chl out as soon as I could get to it. Why give anyone an excuse.

[srothstein]

Also, for those that are not aware, I think DWI checkpoints are not yet legal in Texas. The SCOTUS rulings on them said there had to be a state law authorizing them and describing the procedures to be used. So far, Texas has not yet passed such a law that I am aware of, though it has been introduced in the legislature a few times. I did not check the last session or here anything about it. I remember seeing it was introduced in the session two years ago, but I don't remember it passing then. I could be wrong.

Also, remember that the state laws on when you must identify yourself and produce your ID differ between states. There was a SCOUTS case that held Nevada's law requiring ID when a suspect in a disturbance valid. Texas requires you to identify yourself only when under arrest, but it also requires you to produce your DL when operating a motor vehicle. You may decline to identify but not provide a false identity when you are a witness or a suspect. Other than driving, identify in Texas means give your name, date of birth, and home address, not produce a written document.

[Dirthawking]

I would love to see the un edited version of that video. You can see that it jumps around in spots. Specifically when the two officers are talking and the one says the kid is innocent and knows his rights.

[EEllis]

I would love to see the un edited version of that video. You can see that it jumps around in spots. Specifically when the two officers are talking and the one says the kid is innocent and knows his rights.

You know the cop was being sarcastic right?

[Dirthawking]

I would love to see the un edited version of that video. You can see that it jumps around in spots. Specifically when the two officers are talking and the one says the kid is innocent and knows his rights.

You know the cop was being sarcastic right?

Yes, I also can tell the video was edited to highlight that and the other officer saying it wasnt a strong hit by the dog. Like I said, I would love to see the entire un edited video.

I am not saying the kid did anything wrong, I just hate when videos like this surface and are edited to make things look worse.

[MasterOfNone]

I would have my chl out as soon as I could get to it. Why give anyone an excuse.

An excuse for what? Texas law is clear that the CHL must be displayed when ID is demanded.

[EEllis]

I would have my chl out as soon as I could get to it. Why give anyone an excuse.

An excuse for what? Texas law is clear that the CHL must be displayed when ID is demanded.

Yep but rather than wait if it is in a checkpoint situation where they might not even ask for ID I would get ahead of it rather than wait for someone to ask. Then if I have an issue with anything officers can'[t use the timing of my production of my chl against me.

[cb1000rider]

Also, for those that are not aware, I think DWI checkpoints are not yet legal in Texas. The SCOTUS rulings on them said there had to be a state law authorizing them and describing the procedures to be used. So far, Texas has not yet passed such a law that I am aware of, though it has been introduced in the legislature a few times. I did not check the last session or here anything about it. I remember seeing it was introduced in the session two years ago, but I don't remember it passing then. I could be wrong.

Austin has DUI / DWI check points on specified weekends. I know for "no refusal" weekends they have judges on call 24/7 to issue warrants for blood draws, but no idea why Austin is the only place doing checkpoints.

If you were carrying in this circumstance, it's not clear to me when you'd need to produce that CHL. If done on initial contact, before being "detained", you just gave the officer a reason to disarm you. It's not clear in this circumstance when exactly you'd need to disclose, especially if never asked for ID before you're asked to get out of the car.

I guess it's a good thing that I don't go downtown...

I've seen some great LEO contact videos. This wasn't one of them. Of course, it could have been edited.

It is interesting to me that most of the comments point to the kid being a bit of a pain. That's absolutely true. He could have rolled over and would have been let through. But isn't he standing up for the same constitutional rights that the 2nd amendment CHL'ers are?

[nightmare69]

I would have my chl out as soon as I could get to it. Why give anyone an excuse.

An excuse for what? Texas law is clear that the CHL must be displayed when ID is demanded.

If you are NOT armed them you don't have to show your Chl.

[cb1000rider]

If you are NOT armed them you don't have to show your Chl.

I've got that part clear.. But if you are, in the video circumstance, at what point do you provide it?