Got into a discussion with some sgts tonight about arresting for speeding or open container if the violator refuses to sign the citation. Sgts say you can never arrest for the two. I say you can if they refuse to sign because:
§ 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN
OFFENSES. (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.
and
§ 543.002. PERSON ARRESTED TO BE TAKEN BEFORE
MAGISTRATE. (a) A person arrested for a violation of this subtitle
punishable as a misdemeanor shall be immediately taken before a
magistrate if:
(1) the person is arrested on a charge of failure to
stop in the event of an accident causing damage to property; or
(2) the person demands an immediate appearance before
a magistrate or refuses to make a written promise to appear in court
as provided by this subchapter.
(b) The person must be taken before a magistrate who:
(1) has jurisdiction of the offense;
(2) is in the county in which the offense charged is
alleged to have been committed; and
(3) is nearest or most accessible to the place of
arrest.
Anyone know of some case law on refusing to sign a ticket only for speeding or open container?
§ 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN
OFFENSES. (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.
and
§ 543.002. PERSON ARRESTED TO BE TAKEN BEFORE
MAGISTRATE. (a) A person arrested for a violation of this subtitle
punishable as a misdemeanor shall be immediately taken before a
magistrate if:
(1) the person is arrested on a charge of failure to
stop in the event of an accident causing damage to property; or
(2) the person demands an immediate appearance before
a magistrate or refuses to make a written promise to appear in court
as provided by this subchapter.
(b) The person must be taken before a magistrate who:
(1) has jurisdiction of the offense;
(2) is in the county in which the offense charged is
alleged to have been committed; and
(3) is nearest or most accessible to the place of
arrest.
Anyone know of some case law on refusing to sign a ticket only for speeding or open container?
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