hypothetical:

county law enforcement performs a standard traffic stop of a driver and determines the driver has no proof of insurance.

Could the officer have the vehicle towed w/o arresting the suspect?

Marcile v. Biggerstaff 10 F.Supp 2nd 705 (N.D. Tex 1998) seems to say yes as the state law Tran code. 601.051 says "a person _may not opperate_ a motor vehicle in this state unless financial responsiblity is established for that vehicle."

This, according to the feds, would be a standard warrantless seizure.

Tex. law, as far as I can see, only allows a nonconsent tow of a vehicle under certain circumstances. (see Tran. code 545.305) specifically when the vehicle is a hazard or when the driver is arrested.

Now, I know municipalities can create ordinances that go beyond this and setting rules for nonconsent towing but in general counties can't and it was a municpality in the Fed. case though no city ordinance was cited just the State Law as a "do not drive policy."

When in doubt ACT! Remember what Patton said (quoting Philip the Great or somebody like that): "L'audace, L'audace, toujours L'audace!"

U believe that at least of couple of cities in Texas have police enforcement policies to tow vehicles if the driver cannot present proof of financial responsibility.

Janette Ansolabehere
DPS