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Old 07-17-2007, 07:30 AM
mr0077 mr0077 is offline
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Location: Las Vegas, NV
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4RE KLR, FWIW, Texas cops are required by law to release you for a speeding or open container violation (misdemeanor only I think) if you sign an agreement to appear (see below from Texas Transportation Code)...DOESN'T mean they all obey the laws they enforce, eh? What the guy did to you is/was called "Instanter Justice"...selective enforcement...


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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 62, § 17.07, eff. Sept. 1, 1999.


§ 543.005. PROMISE TO APPEAR; RELEASE. To secure
release, the person arrested must make a written promise to appear
in court by signing the written notice prepared by the arresting
officer. The signature may be obtained on a duplicate form or on an
electronic device capable of creating a copy of the signed notice.
The arresting officer shall retain the paper or electronic original
of the notice and deliver the copy of the notice to the person
arrested. The officer shall then promptly release the person from
custody.
__________________
Ken
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