Yep. The Baytown incident I was just testing my nitrous. It was around 12:30am coming home from track and I couldn't get my nitrous to work till 10 min left till closing at track. Anyways i tested it (Was not racing) and go caught. He asked what I was doing and told him I just installed a new cam in the car and wanted to see what it would do. Told me that was to fast and arresting me for reckless. Guess it didnt help I was 19 at the time either.


Same with the Hitchcock cops. I was coming home from the beach and didnt even realize the speed dropped that dramatically in such a short amount of time. I was prob 17 or 18 with a passenger in my new 95 camaro i picked up. He was a dick from the beginning. Actually all Hitchcock cops are dicks. No hate against other cops, but I hate HC cops.


Also this was many years ago. Im 25 now and have grown up a lot from then.

 

I was speeding too and got a wreckless and hauled off to jail. Think it just depends on the cop. He can give you a speeding and let you go home, or I know wreckless can be jail time. Just depends on the cop.

 

Open container law:

"Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not includeA) a glove compartment or similar storage container that is locked;(B) the trunk of a vehicle; or(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.(3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.(d) An offense under this section is a Class C misdemeanor.(e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person."

Notice it's ticket ONLY - no arrest on this one, unless the person won't sign the ticket.

Reckless Driving:
"Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.(b) An offense under this section is a misdemeanor punishable by1) a fine not to exceed $200;(2) confinement in county jail for not more than 30 days; or(3) both the fine and the confinement.(c) Notwithstanding Section 542.001, this section applies to1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and(2) a highway or other public place.(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface."

Reckless driving is something for the police to use when someone meets the criteria, but no other traffic law really applies. It's a catch-all, like being a dumb *** in a no dumb *** zone . It also provides for possible jail time as punishment, which makes it no longer a Class C offense. Therefore, no citation can be issued for it - it's arrest only.

As far as no arrest for the charge of speeding, that used to be true. An officer could not arrest for the charge of speeding, nor open container until several years ago. Now, being charged with the open container law is the ONLY charge where an officer can't arrest you, within the provisions provided:

"Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (a) An officer shall issue a written notice to appear if1) 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."

That means any other traffic offense is subject to arrest, including speeding. A Class C isn't subject to jail as part of the punishment, but you can certainly be arrested for them.

 

As Earl Filter has pointed out, open container is only a tickatable offense, along with speeding. The reasoning behind making speeding only a ticketable offense was to cut down on small towns running speed traps, and that being the primary source of the towns income. In fact there is a statute in place to further that by only allowing a certain percentage of a cities budget come from traffic enforcement.

As far as getting a DWI, you don't have to blow a .08 if the officer feels you have lost normal use of mental faculties, then you are "intoxicated" as far as the law is concerned, and they can arrest and charge you with DWI.

 

yea but if i blow a .07 and they arrest me and charge me. ill fight it and win. then sue for damages, and win.

 

It will also depend how well you do on the field sobriety test. If you pass those and blow a .07 and then get arrested you may indeed win, but if you don't do so hot on the field sobriety test, especially if they catch it on video then you probably wont be so lucky. Or you could just not even bother drinking and driving and then you won't have to worry about it.

 

How much is .08 for the average man?

It all really depends on the cop and your attitude, around here the whole party bustin' crew is pretty chill.

Idk, I use to think anyone that did drugs or drank and drive should burn in hell. Now that I am a Senior in HS, my outlook has changed a lot. It's not as big of a deal as everyone makes it out to be. Just don't be ******* stupid about it like chugging 20oz of Jack Daniels and hopping in the drivers seat, if you do that you deserve everything that is coming to you. If you just have a beer or two then whatever. If anything keep to the back roads.

 

Some day cars will drive themselves, then everybody can drink whenever they want, hooray!

 

maybe, maybe not.
.08 is just the point at which you can be legally assumed to be intoxicated. You may or may not actually be intoxicated but if you are at or above .08 they can assume you are. you can always fight it in court and some peopel do win even thought they are over .08

they can get you for drunk driving if you are intoxicated.
you are considered intoxicated if:
you are over .08
or if you dont have the normal use of mental or physical faculties due to drugs or booze.


as for drinking and driving, its just a ticket as stated. I consider it just like doing anything else while driving (eating, drinking a coke, texting, etc)
IMO, it is no different than any of those things up until the point you become intoxicated.

i do find it funny that many people dont have much of a problem with someone having a single drink somewhere and then driving home but if you bring up that you want to have a single beer while you are driving they will see you as a terrible person because you are drinking and driving. they seem to toss you in the same boat as someone who is **** drunk and cant stand yet they are driving home. The reality of the situation is that there really isnt much difference between the 2 situations.

 

This. I've heard this exact statement in discussions from LEOs on TexasCHLForum. I was going to state the same thing.

It's an LEO trivia question:
"What 2 things are ticketable only? What 1 thing is automatically arrest?"

1: Speeding/Open Container
2: Disobeying LEO commands (something along these lines, I forget the actual clause)

 

Read my prior post. Speeding is no longer on the ticket-only list. Only the open container charge is.

And any other Class C offense, traffic or criminal, is ticketable. Any Class B or above is arrest only.

 

I wont jump in on this retarted argument. But i will say to the OP that every time people on this website when someone posts about legal **** or ask questions about the law then the thread becomes consumed with bad information. My advise is to just not do it. Wait till you get home. Drinking a beer a few minutes sooner is simply not worth the hassle.

 

I dont do it.. Its my buddy.. I tell him to just wait.. Seems like the wrong choice in my book

 

I'm sorry, but reading the statutes you posted, it seems to confirm the 2 tickets only.

Yet you state it means the opposite? Where are we amiss?

 

lol...

 

I just have to say **** it. Im tried of seen **** posted about not drinking and driving. Its ok don't worry just as long as you know what's up.

 

i got pulled over in SA drinking a 12oz can of beer. Cop rolled up asked me to step out asked if i had any drugs or weapons. I said no but i had a beer in the console. His response "a beer thats it" lol! They did pour out the remainder of my beer and let me on my way. Told me there is a lot of drugs in the neighborhood (dropping a friend off). Guess i look suspect in a black Impala SS.
I was probably lucky. Very rare do I drive with open container, even if im not driving the vehicle.

 

Not sure the average age of the folks posting in this thread but I remember the day when you judged how long a trip was by how many "Roadies" dad threw in the cooler. i alos saw my elders call for a ride when they had had too much. Back in the day when we still had peasonal responsibility and the good sense to drink while driving and not be drunk and driving. We have allowed the gov to provide the common sense our society lacks!!!