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Arrest for Speeding or Open Container

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  • Arrest for Speeding or Open Container

    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?

  • #2
    You don't need case law. The statutes clearly allows an arrest when the offender refuses to sign. It is applicable to all offenses eligible for written citations. In the case of speeding and open container, you need to write the citation first and if they refuse to sign, take them to jail.

    Comment


    • #3
      I remember them saying that we can arrest for anything but those two... Is it a GO thing?
      “The man in black fled across the desert, and the gunslinger followed."

      "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

      Comment


      • #4
        Originally posted by JTShooter View Post
        I remember them saying that we can arrest for anything but those two... Is it a GO thing?
        No it is a transportation code thing.

        Comment


        • #5
          Your arresting them for Violation To Promise To Appear on the Speeding and Open Container charge.
          Strong Body, Sharp Mind And Good Tactics!

          Comment


          • #6
            Originally posted by Rush817 View Post
            Your arresting them for Violation To Promise To Appear on the Speeding and Open Container charge.
            +1

            Comment


            • #7
              Some in our department have ad the same discussion. We are under the order to write "refused" on the citation and let them on their way. This is usually the same with any citation we write. It actually seems to really **** off the judge when they try to contest the citation in court.

              I completely agree that if they refuse to sign its an acceptable arrest. But I'm not the Brass so I don't make the rules I only follow them.

              Comment


              • #8
                If they don't sign they get to ride; that's the way it's written and that's the way my Sgt. sees it as well. My shift and squad is blessed to have the Sgt's that we do.

                Comment


                • #9
                  We were talking about this last night, with a twist. Someone made an arrest for no driver's license, no insurance, and expired inspection. He also had speeding and open container charges. He asked if he could add those charges to the booking sheet since the arrest wasn’t for speeding and open container but they were additional charges. Just to be safe I called the Sgt. And he wasn't 100% sure either. We decided just to be safe not to add them to the booking sheet. What do you guys think?

                  Comment


                  • #10
                    I know we can't arrest for those two per the TC, but I meant as far as arresting for the refusal. I've been told by jail sgts that they won't take refusal to sign a ticket.

                    Then again I had one tell me that stopping someone for no bicycle helmet or ped in roadway were not reasons for contact
                    “The man in black fled across the desert, and the gunslinger followed."

                    "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                    Comment


                    • #11
                      Originally posted by JTShooter View Post
                      I know we can't arrest for those two per the TC, but I meant as far as arresting for the refusal. I've been told by jail sgts that they won't take refusal to sign a ticket.

                      Then again I had one tell me that stopping someone for no bicycle helmet or ped in roadway were not reasons for contact
                      Enlighten me on the last two, JT. The roadway is about walking in the street with sidewalk provided right?

                      Comment


                      • #12
                        Yes sir. I Posted the actual TC for it on another thread. The no bicycle helmet is a city ordinance. Basically our ordinance says you have to have a helmet at all times when operating a bike. Texas TC says that if you're riding one at night, you need lights as well, so that's a good one to use also.
                        “The man in black fled across the desert, and the gunslinger followed."

                        "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                        Comment


                        • #13
                          Okay, gotcha... we may have a similar ordinance, I'll have to look. Thanks

                          Comment


                          • #14
                            You are correct JT. Our General Orders states you write "refused", contact a SGT, and send them on the road. I acknowledged that with the jail sgts but the discussion continued and they stated nowhere in Texas could an officer take them to jail.

                            3441... I guess you can put the ticket in their pocket and note it in the report. Although that seems kind of stupid considering they are going to see the magistrate for the other charges.
                            Last edited by Texas1836; 04-16-2011, 05:09 PM.

                            Comment


                            • #15
                              Originally posted by 3441 View Post
                              We were talking about this last night, with a twist. Someone made an arrest for no driver's license, no insurance, and expired inspection. He also had speeding and open container charges. He asked if he could add those charges to the booking sheet since the arrest wasn’t for speeding and open container but they were additional charges. Just to be safe I called the Sgt. And he wasn't 100% sure either. We decided just to be safe not to add them to the booking sheet. What do you guys think?
                              Arrest them for the arrestable charges. Write a ticket for the speeding and open container and put it in their property.

                              Comment

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