No Arrest For Speeding, Open Container

There are only two traffic offenses in Texas for which arrest is not permitted, speeding and open container. I’m not sure what that says about our state. You can drink and speed but if you forget to buckle up or use your turn signal you can be sent to the clink? Such is our post Lago Vista world.

Here is the law-

(a) An officer shall issue a written notice to appear if:

(1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and
(2) the person makes a written promise to appear in court as provided by Section 543.005.

(b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.

(c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.

This law needs to be expanded to all class C misdemeanors. Class C misdemeanors (tickets) do not include jail time as a possible punishment. It’s illogical to give a harsher punishment (incarceration) before trial than is available upon conviction.

This arbitrary power is used to bully, harass, and ultimately arrest Texas drivers. Remember Officer Powell’s threats of arrest at the hospital? He had the law right. He could arrest any driver who ran a red light. That is exactly the kind of skullduggery you can expect when you give all cops the arbitrary power to arrest for the most trivial of offenses.

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One response to “No Arrest For Speeding, Open Container”

  1. Jamie says:

    And, worse still, the cops can then impound your car and get around Gant.


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