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Texas: To Tow or not to Tow?

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  • Texas: To Tow or not to Tow?

    Here's the situation:

    You traveling southbound when you enter a school zone posted at 35 MPH. You see a vehicle in front of you speeding, and you find out the speed of the vehicle is 49 MPH. You initiate the stop and as you go over to the suspects vehicle, you come into contact with two young people, female driver and male passenger. You ask for DL and registration, and the female replies that she does not have a driver's license nor is the vehicle insured. The passenger is very rowdy, and begins to curse you out through out the stop. You get the name and address of the female and run your check. You see she has a warrant out for her arrest on several unpaid citations for your department. You ask her about the warrant and she states she has made arrangements with the judge. You call it in and find out the warrant is still valid. You continue to hear the passenger being rowdy and cursing and you state "Sir, calm down." and he replies with "F**k, Freedom of Speech!" You then arrest the female and as you are handcuffing her, her mother shows up. You call in for backup, and after a few minutes Officer A #1234 shows up. When you place the female in your vehicle, you come to find out the male passenger is the boyfriend of the female and also is the owner of the vehicle and is licensed. Officer A #1234 offers to stay to wait for the tow truck while you go to the PD to start booking.

    Questions:
    1. Would you have let the Mother or Boyfriend drive the vehicle off rather than towing?

    2. What other offenses would you cite for other than:
    2.1. No Insurance
    2.2. No DL

    3. Would you have cited the Boyfriend for?
    3.1. TEX TN. CODE ANN. § 542.302; or
    3.2. TEX TN. CODE ANN. § 542.303(b)
    Anything else you would of cited for?

    Any help is appreciated!

  • #2
    Tow the car, write him for allowing unlicensed driver to operate (521.458), and send him down the road.
    "Do not be deceived:Bad company corrupts good morals."
    1 Corinthians 15:

    You are the weapon, everything else is just a tool

    Comment


    • #3
      Originally posted by txleo-3 View Post
      Tow the car, write him for allowing unlicensed driver to operate (521.458), and send him down the road.
      Good deal. Would there be any other justification for towing instead of just 543.305(8)?

      Comment


      • #4
        Most likely hook her up and let him have his car, unless i wanted to be an *** and tow for no insurance.
        sigpic

        "When a police officer is killed, it's not an agency that loses an officer, it's an entire nation." -Chris Cosgriff, ODMP Founder

        http://www.odmp.org/

        Comment


        • #5
          Coulda cited him for DOC? Um... cited her for speeding in a school zone?

          Mom's got no legal right to take possession of the vehicle.

          Who knows what might have turned up if you'd run a dog on the car.
          Officer Jay McGuire, Minneapolis Park Police EOW 5/14/2009 age 11
          Among Texas' finest
          Deputy Andy Taylor, Llano County SO EOW 5/9/2005
          Senior Deputy Jessica Laura Hollis, Travis County SO EOW 9/18/2014
          Darren H. Goforth, Harris County SO EOW 8/28/2015

          Comment


          • #6
            Originally posted by wutzcrack3n View Post
            Most likely hook her up and let him have his car, unless i wanted to be an *** and tow for no insurance.
            Gladly, it got towed!

            Originally posted by chapwolfe View Post
            Coulda cited him for DOC? Um... cited her for speeding in a school zone?

            Mom's got no legal right to take possession of the vehicle.

            Who knows what might have turned up if you'd run a dog on the car.
            Can you cite me the statute for DOC and any statute and/or case law stating the mother has no legal right to take possession of the vehicle.. I've just come to find out that it is also dependent on dept. policy to determine to tow or not to tow.

            Comment


            • #7
              42.01 (1)

              Uses abusive, indecent, profane or vulgar language in a public place and the language by its very utterance tends to incite an immediate breach of the peace.

              You probably could swing it, but the guy is blowing off steam. Not sure i would write that, but if you wanted to you could.

              Im pretty sure someone other than the officer has to take offense to the language for it to stick.
              sigpic

              "When a police officer is killed, it's not an agency that loses an officer, it's an entire nation." -Chris Cosgriff, ODMP Founder

              http://www.odmp.org/

              Comment


              • #8
                You said it was his car not moms, unless he gives consent for her to have it
                sigpic

                "When a police officer is killed, it's not an agency that loses an officer, it's an entire nation." -Chris Cosgriff, ODMP Founder

                http://www.odmp.org/

                Comment


                • #9
                  With no insurance its getting towed ,simple as that.Last thing you need is that vehicle leave and hit someone or a child as they already dont slow in school zones and someone bring up asking why you let a un insured vehicle drive away. Its a CYA thing also

                  GFs going to jail for no license and citation for the school zone .Hes getting one for no insurance and if he continues to be a *** im sure i can articulate a reason for him if he doesnt follow every instruction i ask him to do.The judge can sort it out after he cools of a night in jail and learns to buy insurance.

                  Got to ask tho ,how did the mother know what was even going on because the first thing im asking them to do is stay off the phone during the stop.
                  Last edited by jdthor; 11-27-2014, 02:03 PM.

                  Comment


                  • #10
                    Originally posted by jdthor View Post
                    With no insurance its getting towed ,simple as that.Last thing you need is that vehicle leave and hit someone or a child as they already dont slow in school zones and someone bring up asking why you let a un insured vehicle drive away. Its a CYA thing also

                    GFs going to jail for no license and citation for the school zone .Hes getting one for no insurance and if he continues to be a *** im sure i can articulate a reason for him if he doesnt follow every instruction i ask him to do.The judge can sort it out after he cools of a night in jail and learns to buy insurance.

                    Got to ask tho ,how did the mother know what was even going on because the first thing im asking them to do is stay off the phone during the stop.
                    I'm honestly not sure how she showed up to the scene, I'm probably thinking the boyfriend text'd her.

                    Comment


                    • #11
                      I said you *could* have cited for DOC, not that it would stick.

                      As pointed out, Mom was not the registered owner of the vehicle, therefore, no right to take possession just because she's Mom. I wasn't very clear on that was I?
                      Officer Jay McGuire, Minneapolis Park Police EOW 5/14/2009 age 11
                      Among Texas' finest
                      Deputy Andy Taylor, Llano County SO EOW 5/9/2005
                      Senior Deputy Jessica Laura Hollis, Travis County SO EOW 9/18/2014
                      Darren H. Goforth, Harris County SO EOW 8/28/2015

                      Comment


                      • #12
                        Originally posted by chapwolfe View Post
                        I said you *could* have cited for DOC, not that it would stick.

                        As pointed out, Mom was not the registered owner of the vehicle, therefore, no right to take possession just because she's Mom. I wasn't very clear on that was I?
                        It was quite clear, sir. Thanks for the help. Nothing turned up during the inventory search though when the car did get impounded though, wish something did

                        Comment

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