Traffic arrests

[seamusTX]

I would hate to see anyone think they can't get a CHL because they believe getting pulled over constitutes an arrest record.

My first reply in this thread, eight days ago, was

The instructions for the CHL application say to list any arrest for which you were fingerprinted and photographed.

- Jim

[brewster]

No argument there either. I also stated that I agreed with the two posts before mine, which included your post that stated just that. But there were other posts that could create confusion amongst some.

[lawrnk]

Not that you guys need to be lawyers to express an opinion on here, but you guys are way off.

A traffic stop is not an arrest, technically or non-technically.

A traffic stop is temporary detainment, not an arrest. You are detained for a period of time for a peace officer to assess a potential violation, determine its severity, and issue a citation if he or she sees fit. The officer also has the discretionary authority to let a person go. A citation is not an arrest. It is a notice to appear in court for something a peace officer has witnessed or determined through observed evidence (accidents, etc.). If the situation warrants, you can even have handcuffs put on you during questioning for the officer's safety or if the likelihood of an arrest is probable. That is not an arrest either. You may also be let go after such questioning, but that is not an arrest. That is detainment.

Even if you sit in the back of a police car with cuffs on while they run your plates, license number or whatever, you are not under arrest until you are read your rights, taken into custody, and driven downtown. Smile for the mugshot. Anything less is a temporary inconvenience, and that applies to all of us.

[Keith B]

The 2 cases are as follows:
(a) failed to pay inspection sticker ticket, was arrested, paid fine, was released.
(b) failed to pay speeding ticket, was arrested, paid tickets, was released.

I think everyone missed the point on this one. He was arrested on both for 'failure to pay the tickets.' That means a warrant was issued and he was arrested and taken into custody. The question was if he was booked and charged with the failure to appear. Most times they will drop the charge of failure to appear/pay if you pay the fine at that time. The best advice was to call DPS. I would also contact the county where the tickets were issued and see if they show any past charges against him for failure to appear.

EDIT: No matter what, I doubt these two offenses incurred more than an extra fine for 'violate promise to appear', which is not even a misdemeanor.