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If someone is stopped for speeding and they refuse to sign the citation is it arrestable and if it is where is the statue for it. | ||
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check out transportation code sections 543.001, 543.002, 543.004, and 543.005. also, check out berret v. state, 152 S.W.3d 600 (Tex. App.--Houston [1st Dist.] 2004, pet. ref'd.). it may not be directly on point but it's a case where the defendant was charged with interference with duties of a police officer where he refused to sign and kept pulling his hand away when the officer tried to arrest him. there's also some discussion about what an officer's duty is when a person refuses to sign a release (it was a seatbelt ticket, though). | |||
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Your login name is insipid enough for me to feel necessary to repost the following: Welcome to the TDCAA Bulletin Boards. The discussions in these user forums are for the benefit of prosecutors and their staff members, although we welcome relevant and appropriate input from other members of the criminal justice and government lawyer community. These forums are NOT a source of legal advice for citizens. Call the State Bar of Texas (1-800-204-2222) for information on seeking legal advice. If you're an investigator, please don't think me rude, but you should check with your local District Attorney's office. Or, just re-read 543.005 and page 37 of your handy dandy TDCAA Traffic Stops book by Diane Beckham. [Typo corrected ] [This message was edited by Philip D Ray on 12-06-05 at .] | |||
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Bah, I got interrupted, and you typed faster than I did. AND: David's answer is more precise than mine. [This message was edited by Philip D Ray on 12-06-05 at .] | |||
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Well, sorry to offend you Philip D Ray, but I was just wondering. And it is insipid. | |||
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Before, your post was listed as authored by "227", 1 post, no location. (in fact, if I scroll down the page to review the post on this 'post a reply' page, it shows 227 instead of your actual name. Did you just change it? I'm not offended at all. I'm sorry if my message seemed to have a tone about it. I just cut and pasted the greeting on the 'forums' page. Nice catch on my typo You can call me Phil. I only use the middle initial so people know which is my first and last name. | |||
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Could someone email me the following opinion: Berret v. State, 152 S.W.3d 600 (Tex. App.--Houston [1st Dist.] 2004, pet. ref'd.). I am only a criminal investigator and do not have access to Westlaw etc. I typically go to the school library and look up cases in hardcover; however, the library is closing early because of inclement weather conditions. Thanks, Det. J. Rotert jrotert@uta.edu | |||
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an e-mail is on its way. here's a link to the court of appeals website where an html version of the opinion can be found. i'm kind of proud of this one. Berrett v. State | |||
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